[Congressional Record Volume 165, Number 169 (Thursday, October 24, 2019)]
[Senate]
[Page S6176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      DEEPFAKE REPORT ACT OF 2019

  Mr. SCOTT of Florida. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Calendar No. 197, S. 
2065.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2065) to require the Secretary of Homeland 
     Security to publish an annual report on the use of deepfake 
     technology, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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.
  Mr. SCOTT of Florida. Mr. President, I further ask unanimous consent 
the committee-reported substitute amendment be agreed to, the bill, as 
amended, be considered read a third time and passed, and the motion to 
reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 2065), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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