[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2065 Engrossed in Senate (ES)]

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116th CONGRESS
  1st Session
                                S. 2065

_______________________________________________________________________

                                 AN ACT


 
  To require the Secretary of Homeland Security to publish an annual 
   report on the use of deepfake technology, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deepfake Report Act of 2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Digital content forgery.--The term ``digital content 
        forgery'' means the use of emerging technologies, including 
        artificial intelligence and machine learning techniques, to 
        fabricate or manipulate audio, visual, or text content with the 
        intent to mislead.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. REPORTS ON DIGITAL CONTENT FORGERY TECHNOLOGY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter for 5 years, the Secretary, acting 
through the Under Secretary for Science and Technology, shall produce a 
report on the state of digital content forgery technology.
    (b) Contents.--Each report produced under subsection (a) shall 
include--
            (1) an assessment of the underlying technologies used to 
        create or propagate digital content forgeries, including the 
        evolution of such technologies;
            (2) a description of the types of digital content 
        forgeries, including those used to commit fraud, cause harm, or 
        violate civil rights recognized under Federal law;
            (3) an assessment of how foreign governments, and the 
        proxies and networks thereof, use, or could use, digital 
        content forgeries to harm national security;
            (4) an assessment of how non-governmental entities in the 
        United States use, or could use, digital content forgeries;
            (5) an assessment of the uses, applications, dangers, and 
        benefits of deep learning technologies used to generate high 
        fidelity artificial content of events that did not occur, 
        including the impact on individuals;
            (6) an analysis of the methods used to determine whether 
        content is genuinely created by a human or through digital 
        content forgery technology and an assessment of any effective 
        heuristics used to make such a determination, as well as 
        recommendations on how to identify and address suspect content 
        and elements to provide warnings to users of the content;
            (7) a description of the technological counter-measures 
        that are, or could be, used to address concerns with digital 
        content forgery technology; and
            (8) any additional information the Secretary determines 
        appropriate.
    (c) Consultation and Public Hearings.--In producing each report 
required under subsection (a), the Secretary may--
            (1) consult with any other agency of the Federal Government 
        that the Secretary considers necessary; and
            (2) conduct public hearings to gather, or otherwise allow 
        interested parties an opportunity to present, information and 
        advice relevant to the production of the report.
    (d) Form of Report.--Each report required under subsection (a) 
shall be produced in unclassified form, but may contain a classified 
annex.
    (e) Applicability of FOIA.--Nothing in this Act, or in a report 
produced under this section, shall be construed to allow the disclosure 
of information or a record that is exempt from public disclosure under 
section 552 of title 5, United States Code (commonly known as the 
``Freedom of Information Act'').
    (f) Applicability of the Paperwork Reduction Act.--Subchapter I of 
chapter 35 of title 44, United States Code (commonly known as the 
``Paperwork Reduction Act''), shall not apply to this Act.

            Passed the Senate October 24, 2019.

            Attest:

                                                             Secretary.
116th CONGRESS

  1st Session

                                S. 2065

_______________________________________________________________________

                                 AN ACT

  To require the Secretary of Homeland Security to publish an annual 
   report on the use of deepfake technology, and for other purposes.