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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 2065 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Deepfake Report Act 

3 of 2019’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) DIGITAL CONTENT FORGERY.—The term 

7 ‘‘digital content forgery’’ means the use of emerging 

8 technologies, including artificial intelligence and ma9 chine learning techniques, to fabricate or manipulate 

10 audio, visual, or text content with the intent to mis11 lead. 

12 (2) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 

14 SEC. 3. REPORTS ON DIGITAL CONTENT FORGERY TECH15 NOLOGY. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of enactment of this Act, and annually thereafter for 

18 5 years, the Secretary, acting through the Under Sec19 retary for Science and Technology, shall produce a report 

20 on the state of digital content forgery technology. 

21 (b) CONTENTS.—Each report produced under sub22 section (a) shall include— 

23 (1) an assessment of the underlying tech24 nologies used to create or propagate digital content 

25 forgeries, including the evolution of such tech26 nologies; 
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†S 2065 ES

1 (2) a description of the types of digital content 

2 forgeries, including those used to commit fraud, 

3 cause harm, or violate civil rights recognized under 

4 Federal law; 

5 (3) an assessment of how foreign governments, 

6 and the proxies and networks thereof, use, or could 

7 use, digital content forgeries to harm national secu8 rity; 

9 (4) an assessment of how non-governmental en10 tities in the United States use, or could use, digital 

11 content forgeries; 

12 (5) an assessment of the uses, applications, 

13 dangers, and benefits of deep learning technologies 

14 used to generate high fidelity artificial content of 

15 events that did not occur, including the impact on 

16 individuals; 

17 (6) an analysis of the methods used to deter18 mine whether content is genuinely created by a 

19 human or through digital content forgery technology 

20 and an assessment of any effective heuristics used to 

21 make such a determination, as well as recommenda22 tions on how to identify and address suspect content 

23 and elements to provide warnings to users of the 

24 content; 
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1 (7) a description of the technological counter2 measures that are, or could be, used to address con3 cerns with digital content forgery technology; and 

4 (8) any additional information the Secretary de5 termines appropriate. 

6 (c) CONSULTATION AND PUBLIC HEARINGS.—In pro7 ducing each report required under subsection (a), the Sec8 retary may— 

9 (1) consult with any other agency of the Fed10 eral Government that the Secretary considers nec11 essary; and 

12 (2) conduct public hearings to gather, or other13 wise allow interested parties an opportunity to 

14 present, information and advice relevant to the pro15 duction of the report. 

16 (d) FORM OF REPORT.—Each report required under 

17 subsection (a) shall be produced in unclassified form, but 

18 may contain a classified annex. 

19 (e) APPLICABILITY OF FOIA.—Nothing in this Act, 

20 or in a report produced under this section, shall be con21 strued to allow the disclosure of information or a record 

22 that is exempt from public disclosure under section 552 

23 of title 5, United States Code (commonly known as the 

24 ‘‘Freedom of Information Act’’). 
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1 (f) APPLICABILITY OF THE PAPERWORK REDUCTION

2 ACT.—Subchapter I of chapter 35 of title 44, United 

3 States Code (commonly known as the ‘‘Paperwork Reduc4 tion 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 

technology, and for other purposes. publish an annual report on the use of deepfake