‘‘(c) PLAN AND GUIDANCE.—On the effective date of 
this Act, the Attorney General shall publish a report con-
taining— 
‘‘(1) a plan to effectuate and enforce section 
1041; 
‘‘(2) a description of the efforts of the Russian 
Federation and the People’s Republic of China, and 
such other states or groups as the Attorney General 
determines appropriate, to use deep fake technology 
to impact elections or public policy debates in the 
United States or other democracies; 
‘‘(3) a description of the impact of intimate and 
sexual deep fakes on women and marginalized com-
munities; and 
‘‘(4) in order to increase the likelihood of such 
prosecutions, official guidance to Federal prosecu-
tors regarding any potential legal concerns that may 
impede such prosecutions absent clarification.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 47 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘1041. Advanced technological false personation record. 
‘‘1042. Deep fakes victim assistance.’’. 
SEC. 3. TRANSPARENCY FACILITATION. 
Any manufacturer of software, who in the course of 
conducting such business produces software, in or affect-
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ing interstate or foreign commerce, which such manufac-
turer reasonably believes, in the context of their intended 
distribution of the product, will be used to produce deep 
fakes, as such term is defined in section 1041 of title 18, 
United States Code, as added by this Act, shall— 
(1) ensure such software has the technical ca-
pability to insert watermarks and disclosures of the 
nature described in such section into such deep 
fakes; and 
(2) include terms of use or other analogous dis-
closures with such software, which require the user 
of such software to affirmatively acknowledge their 
general awareness of their legal obligations under 
this Act. 
SEC. 4. IN REM LITIGATION AGAINST FOREIGN AND UN-
KNOWN DEFENDANTS. 
(a) IN GENERAL.—A living person, or an affiliated 
corporate or other entity substantially connected to such 
living person, exhibited as engaging in falsified material 
activity in an advanced technological false personation 
record, as such term is defined in section 1041 of title 
18, United States Code, as added by section 2 of this Act, 
and subject to parallel exceptions to those enumerated in 
section 1041(j) of such title, may file an in rem civil action 
against an advanced technological false personation 
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record, in the judicial district in which such living person 
or related entity resides, if— 
(1) the creator of such advanced technological 
false personation record is in violation of any provi-
sion in section 1041 of title 18, United States Code, 
as added by section 2 of this Act, for which a pri-
vate remedy is provided; and 
(2) the court finds that such living person or 
related entity— 
(A) is not able to obtain in personam juris-
diction over a person who would have been a 
defendant in a civil action in section 1041 of 
title 18, United States Code, as added by sec-
tion 2 of this Act; or 
(B) through reasonable due diligence was 
not able to find a person who would have been 
a defendant in a civil action under paragraph 
(1) by— 
(i) if practicable, sending a notice of 
the alleged violation and intent to proceed 
under this paragraph to the producer of 
the record; 
(ii) publishing notice of the action as 
the court may direct promptly after filing 
the action; and 
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(iii) complying with such other due 
diligence measures the Attorney General 
promulgates through regulation. 
(b) SERVICE OF PROCESS.—The actions under sub-
section (a)(2)(B)(ii) shall constitute service of process. 
(c) JURISDICTION.—In an in rem action under this 
section, an advanced false personation record shall be 
deemed to have its situs in the judicial district in which 
the person falsely depicted as engaging in material activity 
resides. 
(d) REMEDIES.—The remedies in an in rem action 
under this paragraph shall be limited to a court order de-
claring there to be a substantial likelihood that the mate-
rial activity depicted in such advanced technological false 
personation record is false and lacking the watermarks 
and disclosures required under section 1041 of title 18, 
United States Code, as added by section 2 of this Act, 
and as appropriate at the discretion of the court, the for-
feiture by the producer of such advanced technological 
false personation record of profits directly derived from 
the production and distribution of such content. 
(e) ESTOPPEL
AND
ADDITIONAL
REMEDIES.—A 
court order under subsection (d) may not be used for pur-
poses of estoppel in subsequent litigation should the living 
person or related entity bringing suit file additional ac-
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tions under other provisions of law. The in rem action es-
tablished under this Act shall be in addition to any other 
civil action or remedy otherwise applicable and any other 
jurisdiction that otherwise exists, whether in rem or in 
personam. 
(f) FEE WAIVER.—The Federal judiciary shall waive 
all filing fees for actual living persons pursuing private 
relief under this section, if such litigant provides a sworn 
certification that the primary purpose of such filing is 
reputational restoration. 
(g) REGULATIONS.—The Attorney General may pro-
mulgate regulations governing proceedings under this sec-
tion, or otherwise limiting the applicability of this section 
as such is determined necessary. 
SEC. 5. FRAUD AND RELATED ACTIVITY IN CONNECTION 
WITH AUDIOVISUAL AND BIOMETRIC IDEN-
TITY AUTHENTICATION. 
(a) OFFENSE.—Section 1028 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘or a 
false identification document’’ and inserting ‘‘a 
false identification document, or a false audio-
visual identification record’’; 
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(C) in paragraph (11), strike ‘‘and’’ at the 
end; 
(D) in paragraph (12)(B), strike the pe-
riod at the end and insert ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(13) The term ‘false audiovisual identification 
record means’ any ‘deep fake’ which is an ‘advanced 
technological false personation record’, as such 
terms are defined in section 1041, used or attempted 
to be used by a person for the purpose of conducting 
actual activities while assuming the identity of an-
other person without such other person’s consent, 
that— 
‘‘(A) seeks to further any unlawful activity 
that constitutes a violation of Federal law, or 
that constitutes a felony under any applicable 
State, territorial, or local law; 
‘‘(B) depicts obscenity or sexually explicit 
conduct, considering the extent to which the 
record appeals to the prurient interest, is pat-
ently offensive, and lack serious literary, artis-
tic, political, or scientific value; 
‘‘(C) depicts fighting words, which by their 
very utterance, inflict injury or tend to incite an 
immediate breach of the peace; 
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‘‘(D) constitutes a call to imminent lawless 
action, and is likely, whether on its own or col-
lectively in connection with related records, to 
incite or produce such action; and 
‘‘(E) depicts or constitutes other activities 
or speech that the Attorney General determines 
by regulation pose a credible threat to the na-
tional interests of the United States, which, as 
of the date of such regulation, have been deter-
mined by a Federal court to constitute an un-
protected class of speech under the first amend-
ment.’’. 
(b) RULE
OF CONSTRUCTION.—The amendments 
made by subsection (a) may not be interpreted as impos-
ing any limitations on the applicability of section 1028 of 
title 18, United States Code, to any item which was cov-
ered by such section prior to the date of enactment of this 
Act. 
SEC. 6. FALSE PERSONATION. 
(a) IN GENERAL.—Chapter 43 of title 18 of the 
United States Code is amended by adding at the end a 
new section as follows: 
‘‘§ 918. Deep fake false personation generally 
‘‘Section 911 through 917 of this chapter (relating 
to false personation of citizens of the United States, offi-
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cers, or employees of the United States, authorities mak-
ing arrests or searches, creditors of the United States, for-
eign diplomats, consults, or officers, 4–H Club members 
or agents, and Red Cross members or agents) shall be in-
terpreted to include those who produce, or substantially 
knowingly contribute to the production and unlawful use 
of, ‘deep fakes’ which constitute an ‘advanced techno-
logical false personation record’, as such terms are defined 
by section 2 of the Defending Each and Every Person 
from False Appearances by Keeping Exploitation Subject 
to Accountability Act of 2021 and subject to parallel ex-
ceptions to those enumerated in section 2(j) of such Act, 
of such classes of persons covered by this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 43 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘918. Deep fake false personation generally.’’. 
SEC. 7. DETECTION OF DEEP FAKES. 
(a) ESTABLISHMENT OF TASK FORCE.—The Sec-
retary of Homeland Security, in coordination with the 
heads of other relevant Federal elements, shall establish 
a task force within the Science and Technology Direc-
torate, hereinafter referred to as the Deep Fakes Task 
Force, to— 
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(1) advance efforts of the United States Gov-
ernment to combat the national security implications 
of deep fakes; 
(2) as appropriate, research and develop tech-
nologies to detect, or otherwise counter and combat, 
deep fakes and other advanced image manipulation 
methods and distinguish such deep fakes or related 
forgeries from legitimate audiovisual recordings or 
visual depictions of actual events; 
(3) provide support, both administrative and 
scientific, to other Federal elements researching 
such technologies; 
(4) encourage efforts of the United States Gov-
ernment to adopt such technology; and 
(5) facilitate discussion and appropriate co-
operation between the United States Government 
and relevant private sector technology enterprises or 
other nongovernmental entities, including academic 
and research institutions, regarding the identifica-
tion of deep fakes or other advanced image manipu-
lation methods. 
(b) PRIVATE
SECTOR
COLLABORATION.—In the 
event the United States Government develops technology 
to reliably detect deep fakes and distinguish such from le-
gitimate audiovisual recordings or visual depictions of ac-
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tual events, the President shall, unless he determines such 
is contrary to the national interests of the United States, 
endeavor to make such technology available to appropriate 
United States private sector internet platforms, including 
social networks. 
(c) ANNUAL REPORT.—Not later than one year after 
the date of the enactment of this Act and annually there-
after for a period of five years, the Secretary of Homeland 
Security shall submit an unclassified report, which may 
however contain a classified annex, to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate describing— 
(1) the activities of the Task Force; 
(2) as appropriate, technological progress re-
lated to the detection of deep fakes; 
(3) new developments related to the national se-
curity threat posed by deep fakes or related image 
manipulation technologies, which shall include a de-
scription of any efforts of the Russian Federation 
and the People’s Republic of China, and such other 
states or groups as the Attorney General determines 
appropriate, to distribute unlawful deep fakes in the 
United States or other democracies; and 
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