[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7893-S7894]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4371. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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. ___. 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 public and private 
     sector coordination and information sharing to facilitate the 
     creation and implementation of a coordinated plan 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) from among technical and legal experts in--
       (i) artificial intelligence;
       (ii) media manipulation;
       (iii) digital forensics;
       (iv) secure digital content and delivery;
       (v) cryptography;
       (vi) privacy;
       (vii) civil rights; or
       (viii) 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

[[Page S7894]]

     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 
     related areas; 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 National Institute of Standards and Technology; or
       (C) 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 the coordinated plan 
     developed under subsection (c)(1) in the form of 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 the coordinated plan 
     developed under subsection (c)(1) in the form of a final 
     report containing the findings, conclusions, and 
     recommendations of the Task Force.
       (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.
                                 ______