[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2559 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 382
117th CONGRESS
  2d Session
                                S. 2559

                          [Report No. 117-114]

 To establish the National Deepfake and Digital Provenance Task Force, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2021

 Mr. Portman (for himself, Mr. Peters, Ms. Rosen, Ms. Hassan, and Mr. 
   Warnock) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                              May 24, 2022

               Reported by Mr. Peters, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To establish the National Deepfake and Digital Provenance Task Force, 
                        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 Task Force Act''.

SEC. 2. NATIONAL DEEPFAKE AND DIGITAL PROVENANCE TASK FORCE.

    (a) Definitions.--In this section:
            (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) Digital content provenance.--The term ``digital content 
        provenance'' means the verifiable chronology of the origin and 
        history of a piece of digital content, such as an image, video, 
        audio recording, or electronic document.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a private sector or nonprofit organization; or
                    (B) an institution of higher education.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (5) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security and the 
                Committee on Oversight and Reform of the House of 
                Representatives.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) Task force.--The term ``Task Force'' means the National 
        Deepfake and Provenance Task Force established under subsection 
        (b)(1).
    (b) Establishment of Task Force.--
            (1) Establishment.--The Secretary, in coordination with the 
        Director of the Office of Science and Technology Policy, shall 
        establish a task force, to be known as ``the National Deepfake 
        Provenance Task Force'', to--
                    (A) investigate the feasibility of, and obstacles 
                to, developing and deploying standards and technologies 
                for determining digital content provenance;
                    (B) propose policy changes to reduce the 
                proliferation and impact of digital content forgeries, 
                such as the adoption of digital content provenance and 
                technology standards; and
                    (C) serve as a formal mechanism for interagency 
                coordination and information sharing to facilitate the 
                creation and implementation of a national strategy to 
                address the growing threats posed by digital content 
                forgeries.
            (2) Membership.--
                    (A) Co-chairpersons.--The following shall serve as 
                co-chairpersons of the Task Force:
                            (i) The Secretary or a designee of the 
                        Secretary.
                            (ii) The Director of the Office of Science 
                        and Technology Policy or a designee of the 
                        Director.
                    (B) Composition.--The Task Force shall be composed 
                of 12 members, of whom--
                            (i) 4 shall be representatives from the 
                        Federal Government, including the co-
                        chairpersons of the Task Force;
                            (ii) 4 shall be representatives from 
                        institutions of higher education; and
                            (iii) 4 shall be representatives from 
                        private or nonprofit organizations.
                    (C) Appointment.--Not later than 120 days after the 
                date of enactment of this Act, the co-chairpersons of 
                the Task Force shall appoint members to the Task Force 
                in accordance with subparagraph (A) (B) from among 
                technical experts in--
                            (i) artificial intelligence;
                            (ii) media manipulation;
                            (iii) digital forensics;
                            (iv) secure digital content and delivery;
                            (v) cryptography; or
                            (vi) related subjects.
                    (D) Term of appointment.--The term of a member of 
                the Task Force shall end on the date described in 
                subsection (g)(1).
                    (E) Vacancy.--Any vacancy occurring in the 
                membership of the Task Force shall be filled in the 
                same manner in which the original appointment was made.
                    (F) Expenses for non-federal members.--Members of 
                the Task Force described in clauses (ii) and (iii) of 
                subparagraph (B) shall be allowed travel expenses, 
                including per diem in lieu of subsistence, at rates 
                authorized for employees under subchapter I of chapter 
                57 of title 5, United States Code, while away from 
                their homes or regular places of business in the 
                performance of services for the Task Force.
    (c) Coordinated Plan.--
            (1) In general.--The Task Force shall develop a coordinated 
        plan to--
                    (A) reduce the proliferation and impact of digital 
                content forgeries, including by exploring how the 
                adoption of a digital content provenance standard could 
                assist with reducing the proliferation of digital 
                content forgeries;
                    (B) develop mechanisms for content creators to--
                            (i) cryptographically certify the 
                        authenticity of original media and non-
                        deceptive manipulations; and
                            (ii) enable the public to validate the 
                        authenticity of original media and non-
                        deceptive manipulations to establish digital 
                        content provenance; and
                    (C) increase the ability of internet companies, 
                journalists, watchdog organizations, other relevant 
                entities, and members of the public to--
                            (i) meaningfully scrutinize and identify 
                        potential digital content forgeries; and
                            (ii) relay trust and information about 
                        digital content provenance to content 
                        consumers.
            (2) Contents.--The plan required under paragraph (1) shall 
        include the following:
                    (A) A Government-wide research and development 
                agenda to--
                            (i) improve technologies and systems to 
                        detect digital content forgeries; and
                            (ii) relay information about digital 
                        content provenance to content consumers.
                    (B) An assessment of the feasibility of, and 
                obstacles to, the deployment of technologies and 
                systems to capture, preserve, and display digital 
                content provenance.
                    (C) An assessment of the feasibility of, and 
                challenges in, distinguishing between--
                            (i) benign or helpful alterations to 
                        digital content; and
                            (ii) intentionally deceptive or obfuscating 
                        alterations to digital content.
                    (D) A discussion of best practices, including any 
                necessary standards, for the adoption and effective use 
                of technologies and systems to determine digital 
                content provenance and detect digital content 
                forgeries.
                    (E) Conceptual proposals for necessary research 
                projects and experiments to further develop successful 
                technology to ascertain digital content provenance.
                    (F) Proposed policy changes, including changes in 
                law, to--
                            (i) incentivize the adoption of 
                        technologies, systems, open standards, or other 
                        means to detect digital content forgeries and 
                        determine digital content provenance; and
                            (ii) reduce the incidence, proliferation, 
                        and impact of digital content forgeries.
                    (G) Recommendations for models for public-private 
                partnerships to fight disinformation and reduce digital 
                content forgeries, including partnerships that support 
                and collaborate on--
                            (i) industry practices and standards for 
                        determining digital content provenance;
                            (ii) digital literacy education campaigns 
                        and user-friendly detection tools for the 
                        public to reduce the proliferation and impact 
                        of disinformation and digital content 
                        forgeries;
                            (iii) industry practices and standards for 
                        documenting relevant research and progress in 
                        machine learning; and
                            (iv) the means and methods for identifying 
                        and addressing the technical and financial 
                        infrastructure that supports the proliferation 
                        of digital content forgeries, such as 
                        inauthentic social media accounts and bank 
                        accounts.
                    (H) An assessment of privacy and civil liberties 
                requirements associated with efforts to deploy 
                technologies and systems to determine digital content 
                provenance or reduce the proliferation of digital 
                content forgeries, including statutory or other 
                proposed policy changes.
                    (I) A determination of metrics to define the 
                success of--
                            (i) technologies or systems to detect 
                        digital content forgeries;
                            (ii) technologies or systems to determine 
                        digital content provenance; and
                            (iii) other efforts to reduce the 
                        incidence, proliferation, and impact of digital 
                        content forgeries.
    (d) Consultations.--In carrying out subsection (c), the Task Force 
shall consult with the following:
            (1) The Director of the National Science Foundation.
            (2) The National Academies of Sciences, Engineering, and 
        Medicine.
            (3) The Director of the National Institute of Standards and 
        Technology.
            (4) The Director of the Defense Advanced Research Projects 
        Agency.
            (5) The Director of the Intelligence Advanced Research 
        Projects Activity of the Office of the Director of National 
        Intelligence.
            (6) The Secretary of Energy.
            (7) The Secretary of Defense.
            (8) The Attorney General.
            (9) The Secretary of State.
            (10) The Federal Trade Commission.
            (11) The United States Trade Representative.
            (12) Representatives from private industry and nonprofit 
        organizations.
            (13) Representatives from institutions of higher education.
            (14) Such other individuals as the Task Force considers 
        appropriate.
    (e) Staff.--
            (1) In general.--Staff of the Task Force shall be comprised 
        of detailees with expertise in artificial intelligence or 
        related fields from--
                    (A) the Department of Homeland Security;
                    (B) the Office of Science and Technology Policy;
                    (C) the National Institute of Standards and 
                Technology; or
                    (D) any other Federal agency the co-chairpersons of 
                the Task Force consider appropriate with the consent of 
                the head of the Federal agency.
            (2) Other assistance.--
                    (A) In general.--The co-chairpersons of the Task 
                Force may enter into an agreement with an eligible 
                entity for the temporary assignment of employees of the 
                eligible entity to the Task Force in accordance with 
                this paragraph.
                    (B) Application of ethics rules.--An employee of an 
                eligible entity assigned to the Task Force under 
                subparagraph (A)--
                            (i) shall be considered a special 
                        Government employee for the purpose of Federal 
                        law, including--
                                    (I) chapter 11 of title 18, United 
                                States Code; and
                                    (II) the Ethics in Government Act 
                                of 1978 (5 U.S.C. App.); and
                            (ii) notwithstanding section 202(a) of 
                        title 18, United States Code, may be assigned 
                        to the Task Force for a period of not more than 
                        2 years.
                    (C) Financial liability.--An agreement entered into 
                with an eligible entity under subparagraph (A) shall 
                require the eligible entity to be responsible for any 
                costs associated with the assignment of an employee to 
                the Task Force.
                    (D) Termination.--The co-chairpersons of the Task 
                Force may terminate the assignment of an employee to 
                the Task Force under subparagraph (A) at any time and 
                for any reason.
    (f) Task Force Reports.--
            (1) Interim report.--
                    (A) In general.--Not later than 1 year after the 
                date on which all of the appointments have been made 
                under subsection (b)(2)(C), the Task Force shall submit 
                to the President and the relevant congressional 
                committees an interim report containing the findings, 
                conclusions, and recommendations of the Task Force.
                    (B) Contents.--The report required under 
                subparagraph (A) shall include specific recommendations 
                for ways to reduce the proliferation and impact of 
                digital content forgeries, including the deployment of 
                technologies and systems to determine digital content 
                provenance.
            (2) Final report.--Not later than 180 days after the date 
        of the submission of the interim report under paragraph (1)(A), 
        the Task Force shall submit to the President and the relevant 
        congressional committees a final report containing the 
        findings, conclusions, and recommendations of the Task Force, 
        including the plan developed under subsection (c).
            (3) Requirements.--With respect to each report submitted 
        under this subsection--
                    (A) the Task Force shall make the report publicly 
                available; and
                    (B) the report--
                            (i) shall be produced in an unclassified 
                        form; and
                            (ii) may include a classified annex.
    (g) Termination.--
            (1) In general.--The Task Force shall terminate on the date 
        that is 90 days after the date on which the Task Force submits 
        the final report under subsection (f)(2).
            (2) Records.--Upon the termination of the Task Force under 
        paragraph (1), each record of the Task Force shall become a 
        record of the National Archives and Records Administration.
                                                       Calendar No. 382

117th CONGRESS

  2d Session

                                S. 2559

                          [Report No. 117-114]

_______________________________________________________________________

                                 A BILL

 To establish the National Deepfake and Digital Provenance Task Force, 
                        and for other purposes.

_______________________________________________________________________

                              May 24, 2022

                       Reported with an amendment