[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3398-S3399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1891. Mr. PORTMAN (for himself, Mr. Schatz, Ms. Ernst, and Mr. 
Peters) submitted an amendment intended to be proposed by him to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DEEPFAKE REPORT.

       (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) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Reports on Digital Content Forgery Technology.--
       (1) 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.
       (2) Contents.--Each report produced under paragraph (1) 
     shall include--
       (A) an assessment of the underlying technologies used to 
     create or propagate digital content forgeries, including the 
     evolution of such technologies;
       (B) 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;
       (C) an assessment of how foreign governments, and the 
     proxies and networks thereof, use, or could use, digital 
     content forgeries to harm national security;
       (D) an assessment of how non-governmental entities in the 
     United States use, or could use, digital content forgeries;
       (E) 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;
       (F) 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;
       (G) a description of the technological counter-measures 
     that are, or could be, used to address concerns with digital 
     content forgery technology; and
       (H) any additional information the Secretary determines 
     appropriate.
       (3) Consultation and public hearings.--In producing each 
     report required under paragraph (1), the Secretary may--
       (A) consult with any other agency of the Federal Government 
     that the Secretary considers necessary; and
       (B) conduct public hearings to gather, or otherwise allow 
     interested parties an opportunity to present, information and 
     advice relevant to the production of the report.
       (4) Form of report.--Each report required under paragraph 
     (1) shall be produced in unclassified form, but may contain a 
     classified annex.
       (5) Applicability of foia.--Nothing in this section, or in 
     a report produced under this

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     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'').
       (6) 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 section.
                                 ______