Title: DEEP FAKES Accountability Act
Policy area: Crime and Law Enforcement

Summary:
Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2021 or the DEEP FAKES Accountability Act
This bill establishes requirements for advanced technological false personation records (i.e., deep fakes) and establishes criminal penalties for related violations.
Specifically, it requires producers of deep fakes to generally comply with certain digital watermark and disclosure requirements (e.g., verbal and written statements).
It establishes new criminal offenses related to (1) the production of deep fakes which do not comply with related watermark or disclosure requirements, and (2) the alteration of deep fakes to remove or meaningfully obscure such required disclosures. A violator is subject to a fine, up to five years in prison, or both.
It also establishes civil penalties and permits individuals to bring civil actions for damages.
Additionally, it revises the criminal offense of fraud in connection with certain identification documents to include deep fakes.
The bill also directs the Department of Justice to take certain actions, such as publishing a report related to deep fakes that includes a description of the efforts of Russia and China to use technology to impact elections.
Software manufacturers who reasonably believe software will be used to produce deep fakes must ensure it has the technical capability to insert watermarks and disclosures.
Finally, the bill directs the Department of Homeland Security to establish a task force to, among other things, advance efforts of the federal government to combat the national security implications of deep fakes.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2395 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 2395

  To combat the spread of disinformation through restrictions on deep-
                   fake video alteration technology.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 8, 2021

     Ms. Clarke of New York (for herself, Ms. Adams, Ms. Bass, Mr. 
 Butterfield, Mr. Carson, Mr. Cleaver, Mr. Cohen, Mr. DeSaulnier, Mr. 
  Green of Texas, Ms. Jackson Lee, Ms. Johnson of Texas, Ms. Kelly of 
 Illinois, Mr. Krishnamoorthi, Ms. Kuster, Mr. Lawson of Florida, Mr. 
   Malinowski, Mr. McGovern, Ms. Moore of Wisconsin, Ms. Norton, Ms. 
 Plaskett, Mr. Rush, Mr. Thompson of Mississippi, Mrs. Watson Coleman, 
  and Ms. Wilson of Florida) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
Committees on Energy and Commerce, and Homeland Security, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To combat the spread of disinformation through restrictions on deep-
                   fake video alteration technology.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defending Each and Every Person from 
False Appearances by Keeping Exploitation Subject to Accountability Act 
of 2021'' or the ``DEEP FAKES Accountability Act''.

SEC. 2. TRANSPARENCY REQUIREMENTS.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Advanced technological false personation record
    ``(a) In General.--Except as provided in subsection (j), any person 
who, using any means or facility of interstate or foreign commerce, 
produces an advanced technological false personation record with the 
intent to distribute such record over the internet or knowledge that 
such record shall be so distributed, shall ensure such record, complies 
with--
            ``(1) the watermark requirement under subsection (b); and
            ``(2)(A) in the case of an audiovisual record, the 
        disclosure requirements under subsection (c);
            ``(B) in the case of a visual record, the disclosure 
        requirements under subsection (d); or
            ``(C) in the case of an audio record, the disclosure 
        requirements under subsection (e).
    ``(b) Digital Watermark.--Any advanced technological false 
personation record which contains a moving visual element shall contain 
an embedded digital watermark clearly identifying such record as 
containing altered audio or visual elements.
    ``(c) Audiovisual Disclosure.--Any advanced technological false 
personation records containing both an audio and a visual element shall 
include--
            ``(1) not less than 1 clearly articulated verbal statement 
        that identifies the record as containing altered audio and 
        visual elements, and a concise description of the extent of 
        such alteration; and
            ``(2) an unobscured written statement in clearly readable 
        text appearing at the bottom of the image throughout the 
        duration of the visual element that identifies the record as 
        containing altered audio and visual elements, and a concise 
        description of the extent of such alteration.
    ``(d) Visual Disclosure.--Any advanced technological false 
personation records exclusively containing a visual element shall 
include an unobscured written statement in clearly readable text 
appearing at the bottom of the image throughout the duration of the 
visual element that identifies the record as containing altered visual 
elements, and a concise description of the extent of such alteration.
    ``(e) Audio Disclosure.--Any advanced technological false 
personation records exclusively containing an audio element shall 
include, at the beginning of such record, a clearly articulated verbal 
statement that identifies the record as containing altered audio 
elements and a concise description of the extent of such alteration, 
and in the event such record exceeds two minutes in length, not less 
than 1 additional clearly articulated verbal statement and additional 
concise description at some interval during each two-minute period 
thereafter.
    ``(f) Penalty.--
            ``(1) Criminal penalty.--
                    ``(A) Failure to disclose.--Whoever knowingly 
                violates subsection (a)--
                            ``(i) with the intent to humiliate or 
                        otherwise harass the person falsely exhibited, 
                        provided the advanced technological false 
                        personation record contains sexual content of a 
                        visual nature and appears to feature such 
                        person engaging in such sexual acts or in a 
                        state of nudity;
                            ``(ii) with the intent to cause violence or 
                        physical harm, incite armed or diplomatic 
                        conflict, or interfere in an official 
                        proceeding, including an election, provided the 
                        advanced technological false personation record 
                        did in fact pose a credible threat of 
                        instigating or advancing such;
                            ``(iii) in the course of criminal conduct 
                        related to fraud, including securities fraud 
                        and wire fraud, false personation, or identity 
                        theft; or
                            ``(iv) by a foreign power, or an agent 
                        thereof, with the intent of influencing a 
                        domestic public policy debate, interfering in a 
                        Federal, State, local, or territorial election, 
                        or engaging in other acts which such power may 
                        not lawfully undertake;
                shall be fined under this title, imprisoned for not 
                more than 5 years, or both.
                    ``(B) Altering disclosures.--Whoever knowingly 
                alters an advanced technological false personation 
                record to remove or meaningfully obscure the 
                disclosures required under subsection (a) with the 
                intent to distribute such altered record and--
                            ``(i) with the intent to humiliate or 
                        otherwise harass the person falsely exhibited, 
                        provided the advanced technological false 
                        personation record contains sexual content of a 
                        visual nature and appears to feature such 
                        person engaging in such sexual acts or in a 
                        state of nudity;
                            ``(ii) with the intent to cause violence or 
                        physical harm, incite armed or diplomatic 
                        conflict, or interfere in an official 
                        proceeding, including an election, provided the 
                        advanced technological false personation record 
                        did in fact pose a credible threat of 
                        instigating or advancing such;
                            ``(iii) in the course of criminal conduct 
                        related to fraud, including securities fraud 
                        and wire fraud, false personation, or identity 
                        theft; or
                            ``(iv) by a foreign power, or an agent 
                        thereof, with the intent of influencing a 
                        domestic public policy debate, interfering in a 
                        Federal, State, local, or territorial election, 
                        or engaging in other acts which such power may 
                        not lawfully undertake;
                shall be fined under this title, imprisoned for not 
                more than 5 years, or both.
            ``(2) Civil penalty.--
                    ``(A) Failure to disclose.--Any person who violates 
                subsection (a) shall be subject to a civil penalty of 
                up to $150,000 per record or alteration, as well as 
                appropriate injunctive relief.
                    ``(B) Altering disclosures.--Any person who alters 
                an advanced technological false personation record to 
                remove or meaningfully obscure the disclosures required 
                under subsection (a) with the intent to distribute such 
                altered record shall be subject to a civil penalty of 
                up to $150,000 per record or alteration, as well as 
                appropriate injunctive relief.
    ``(g) Private Right of Action.--
            ``(1) In general.--Any living individual or affiliated 
        corporate or other entity who has been exhibited as engaging in 
        falsified material activity in an advanced technological false 
        personation record may bring a civil action before the 
        appropriate Federal district court for damages under paragraph 
        (2) and injunctive relief under paragraph (3) against a person 
        who violates subsection (a) or alters an advanced technological 
        false personation record to remove or meaningfully obscure the 
        disclosures required under subsection (a).
            ``(2) Damages.--Damages shall consist of the greater of--
                    ``(A) actual damages suffered by the living person 
                or the affiliated corporation or entity, and any 
                additional substantially derivative profits of the 
                person who violated subsection (a) or altered an 
                advanced technological false personation record to 
                remove or meaningfully obscure the disclosures required 
                under subsection (a);
                    ``(B) $50,000 per record, if the living person or 
                affiliated corporation or entity experienced a 
                perceptible individual harm or faced a tangible risk of 
                experiencing such;
                    ``(C) $100,000 per record, if the living person or 
                affiliated corporation or entity experienced a 
                perceptible individual harm or faced a tangible risk of 
                experiencing such and the record purported to depict 
                extreme or outrageous conduct by the living person; or
                    ``(D) $150,000 per record, if the advanced 
                technological false personation record contains 
                explicit sexual content of a visual nature intended to 
                humiliate or otherwise harass the person falsely 
                depicted as engaging in such sexual acts or in a state 
                of nudity.
            ``(3) Injunctive relief.--Injunctive relief under this 
        subsection shall include mandated compliance with the 
        requirements described in subsection (a).
    ``(h) Privacy Protections.--
            ``(1) Federal actions.--In pursuing criminal or civil 
        penalties under this Act, Federal authorities shall, to the 
        extent practicable, consult with living persons exhibited as 
        engaging in falsified material activity in advanced 
        technological false personation records regarding measures such 
        authorities can reasonably undertake to protect their privacy 
        and minimize additional public viewings of such records.
            ``(2) Private actions.--Private actions brought under 
        subsection (g), upon petition of the plaintiff, shall be 
        permitted to be filed under seal if such plaintiff can 
        demonstrate a reasonable likelihood that the creation of public 
        records regarding the advanced technological false personation 
        record would result in embarrassing or otherwise harmful 
        publicization of the falsified material activity in an advanced 
        technological false personation record.
    ``(i) Rules of Construction.--
            ``(1) Nothing in this section shall be interpreted as 
        authorizing the production of an advanced technological false 
        personation record which includes disclosures if such record is 
        otherwise prohibited by law or regulation.
            ``(2) The word `advanced' within the term `advanced 
        technological false personation record' shall not be 
        interpreted as narrowing the definition of such term.
            ``(3) Nothing in this section shall be interpreted as a 
        defense against, or as preempting or limiting, any Federal, 
        State, local, or territorial laws, regulations, or policies 
        that prohibit, impose more stringent standards in relation to, 
        or provide additional or alternative remedies or damages in 
        relation to, the production or distribution of advanced 
        technological false personation records, deep fakes, or related 
        content, including criminal and civil laws relating to 
        copyright, tortious conduct, and false personation.
    ``(j) Exceptions.--
            ``(1) Disclosure.--The requirements under subsections (c), 
        (d), and (e) shall not apply with respect to any advanced 
        technological false personation record--
                    ``(A) containing alternative disclosures regarding 
                the falsity of the exhibited material activities which 
                a reasonable person would deem to be more prominent 
                than those required under subsection (c), (d), or (e), 
                as the case may be;
                    ``(B) during the process of producing such record, 
                provided the ultimately distributed record is in 
                compliance;
                    ``(C) which primarily contains images or sound 
                recordings of actual persons, such as performing 
                artists, and have not been substantially digitally 
                modified;
                    ``(D) created in connection with editing a motion 
                picture, television, music, or similar production or 
                creating a derivative production thereof, the original 
                content of which was created prior to the enactment of 
                this Act, in which the person appearing provided 
                consent to their original appearance;
                    ``(E) appearing in a context such that a reasonable 
                person would not mistake the falsified material 
                activity for actual material activity of the exhibited 
                living person, such as parody shows or publications, 
                historical reenactments, or fictionalized radio, 
                television, or motion picture programming; or
                    ``(F) produced by an officer or employee of the 
                United States, or under the authority thereof, in 
                furtherance of public safety or national security.
            ``(2) Watermark.--The watermark requirement under 
        subsection (b) shall not apply with respect to any class of 
        advanced technological false personation records which the 
        Attorney General determines by regulation should be excluded 
        from such requirement.
    ``(k) Advisory Opinions, Waiver, and Standards.--
            ``(1) Advisory opinions.--The Attorney General shall--
                    ``(A) establish a process by which any producer of 
                audio, visual, or audiovisual content may seek an 
                advisory opinion regarding the legality of their 
                proposed production under this section;
                    ``(B) respond to such requests for advice not later 
                than 30 days after the date of submission; and
                    ``(C) not pursue enforcement action under this 
                section against any producer who relied in good faith 
                on such an advisory opinion.
            ``(2) Waiver.--The Attorney General shall be authorized to 
        grant, and shall establish and publish procedures to govern the 
        issuance of, waivers from any requirements or liabilities under 
        this section to additional categories of advanced technological 
        false personation records upon petition of any producer thereof 
        if such producer can demonstrate compliance with this section 
        would impede their ability to engage in otherwise lawful 
        activities protected by the First Amendment of the 
        Constitution.
            ``(3) Watermark standards.--Not later than 1 year after the 
        date of enactment of this section, the Attorney General shall 
        issue rules governing the technical specifications of the 
        digital watermarks required under subsection (b) which stall 
        include, if such is determined appropriate, a requirement for 
        such watermarks to contain embedded metadata.
    ``(l) Venue.--Any action under this section may be brought, in 
addition to in any district otherwise described in section 1391 of 
title 28, in the district where or the person falsely depicted in the 
advanced technological false personation record resides.
    ``(m) Extraterritoriality.--There is extraterritorial Federal 
jurisdiction over an offense under this section if the defendant or the 
depicted person is a citizen or permanent resident of the United 
States.
    ``(n) Definitions.--
            ``(1) Advanced technological false personation record.--The 
        term `advanced technological false personation record' means 
        any deep fake, which--
                    ``(A) a reasonable person, having considered the 
                visual or audio qualities of the record and the nature 
                of the distribution channel in which the record 
                appears, would believe accurately exhibits--
                            ``(i) any material activity of a living 
                        person which such living person did not in fact 
                        undertake; or
                            ``(ii) any material activity of a deceased 
                        person which such deceased person did not in 
                        fact undertake, and the exhibition of which is 
                        substantially likely to either further a 
                        criminal act or result in improper interference 
                        in an official proceeding, public policy 
                        debate, or election; and
                    ``(B) was produced without the consent of such 
                living person, or in the case of a deceased person, 
                such person or the heirs thereof.
            ``(2) Material activity.--The term `material activity' 
        means any falsified speech, conduct, or depiction which causes, 
        or a reasonable person would recognize has a tendency to cause 
        perceptible individual or societal harm, including 
        misrepresentation, reputational damage, embarrassment, 
        harassment, financial losses, the incitement of violence, the 
        alteration of a public policy debate or election, or the 
        furtherance of any unlawful act.
            ``(3) Deep fake.--The term `deep fake' means any video 
        recording, motion-picture film, sound recording, electronic 
        image, or photograph, or any technological representation of 
        speech or conduct substantially derivative thereof--
                    ``(A) which appears to authentically depict any 
                speech or conduct of a person who did not in fact 
                engage in such speech or conduct; and
                    ``(B) the production of which was substantially 
                dependent upon technical means, rather than the ability 
                of another person to physically or verbally impersonate 
                such person.
    ``(o) Reports.--The Attorney General, in coordination with other 
relevant Federal agencies, shall submit a report to Congress 5 years 
after the date of enactment of this section, and 5 years thereafter, 
describing trends related to prosecutions and civil penalties pursued 
under this section, and recommending any updates to this section 
necessitated by the emergence of new technologies.
``Sec. 1042. Deep fakes victim assistance
    ``(a) Coordinator for Violations Directed by Foreign Nation-
States.--The Attorney General shall designate a coordinator in each 
United States Attorney's Office to receive reports from the public 
regarding potential violations of section 1041 (relating to deep fake 
depictions produced or distributed by any foreign nation-state, or any 
agent acting on its behalf) and coordinate prosecutions for any 
violation of such section.
    ``(b) Coordinator for False Intimate Depictions.--The Attorney 
General shall designate a coordinator in each United States Attorney's 
Office to receive reports from the public regarding potential 
violations of section 1041 (relating to deep fake depictions of an 
intimate and sexual nature) and coordinate prosecutions for any 
violation of such section.
    ``(c) Plan and Guidance.--On the effective date of this Act, the 
Attorney General shall publish a report containing--
            ``(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 communities; and
            ``(4) in order to increase the likelihood of such 
        prosecutions, official guidance to Federal prosecutors 
        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 affecting interstate or foreign 
commerce, which such manufacturer 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 capability 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 disclosures 
        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 UNKNOWN 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 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 provision in section 
        1041 of title 18, United States Code, as added by section 2 of 
        this Act, for which a private remedy is provided; and
            (2) the court finds that such living person or related 
        entity--
                    (A) is not able to obtain in personam jurisdiction 
                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 section 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
                            (iii) complying with such other due 
                        diligence measures the Attorney General 
                        promulgates through regulation.
    (b) Service of Process.--The actions under subsection (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 declaring there to be a 
substantial likelihood that the material 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 forfeiture 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 purposes of estoppel in subsequent 
litigation should the living person or related entity bringing suit 
file additional actions under other provisions of law. The in rem 
action established 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 promulgate regulations 
governing proceedings under this section, 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 IDENTITY 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 audiovisual 
                identification record'';
                    (B) in paragraph (4), by striking ``or a false 
                identification document,'' and inserting ``a false 
                identification document, or a false audiovisual 
                identification record,''; and
                    (C) in paragraph (5), by striking ``or a false 
                identification document'' and inserting ``a false 
                identification document, false audiovisual 
                identification record'';
            (2) in subsection (b)(1), by striking ``or a false 
        identification document'' and inserting ``a false 
        identification document, or a false audiovisual identification 
        record'';
            (3) in subsection (c)(3)(A), by inserting after ``a 
        document'' the following: ``or a false audiovisual 
        identification record''; and
            (4) in subsection (d)--
                    (A) in paragraph (1), insert after ``letters,'' the 
                following: ``biometric indicators'';
                    (B) in paragraph (7), insert after ``other unique 
                physical representation'' the following: ``including 
                facial dimensions or characteristics, or visual imagery 
                or content which appears to authentically depict any 
                speech or conduct of a person who did not in fact 
                engage in such speech or conduct'';
                    (C) in paragraph (11), strike ``and'' at the end;
                    (D) in paragraph (12)(B), strike the period 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 
        another 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 patently 
                offensive, and lack serious literary, artistic, 
                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;
                    ``(D) constitutes a call to imminent lawless 
                action, and is likely, whether on its own or 
                collectively 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 national 
                interests of the United States, which, as of the date 
                of such regulation, have been determined by a Federal 
                court to constitute an unprotected class of speech 
                under the first amendment.''.
    (b) Rule of Construction.--The amendments made by subsection (a) 
may not be interpreted as imposing any limitations on the applicability 
of section 1028 of title 18, United States Code, to any item which was 
covered 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:
``Sec. 918. Deep fake false personation generally
    ``Section 911 through 917 of this chapter (relating to false 
personation of citizens of the United States, officers, or employees of 
the United States, authorities making arrests or searches, creditors of 
the United States, foreign diplomats, consults, or officers, 4-H Club 
members or agents, and Red Cross members or agents) shall be 
interpreted to include those who produce, or substantially knowingly 
contribute to the production and unlawful use of, `deep fakes' which 
constitute an `advanced technological 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 exceptions 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 Secretary of Homeland 
Security, in coordination with the heads of other relevant Federal 
elements, shall establish a task force within the Science and 
Technology Directorate, hereinafter referred to as the Deep Fakes Task 
Force, to--
            (1) advance efforts of the United States Government to 
        combat the national security implications of deep fakes;
            (2) as appropriate, research and develop technologies 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 Government to 
        adopt such technology; and
            (5) facilitate discussion and appropriate cooperation 
        between the United States Government and relevant private 
        sector technology enterprises or other nongovernmental 
        entities, including academic and research institutions, 
        regarding the identification of deep fakes or other advanced 
        image manipulation methods.
    (b) Private Sector Collaboration.--In the event the United States 
Government develops technology to reliably detect deep fakes and 
distinguish such from legitimate audiovisual recordings or visual 
depictions of actual 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 thereafter 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 related to the 
        detection of deep fakes;
            (3) new developments related to the national security 
        threat posed by deep fakes or related image manipulation 
        technologies, which shall include a description 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
            (4) related efforts of the United States to combat and 
        counter deep fakes or related image manipulation technologies.
    (d) Definition.--The term ``deep fake'' shall have the meaning 
given such term in section 1041 of title 18, United States Code, as 
added by section 2 of this Act.

SEC. 8. CONGRESSIONAL NOTIFICATION.

    The Secretary of Homeland Security, on no less than an annual 
basis, shall provide the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate with a classified written notification and, upon 
request, a briefing regarding any known attempts of foreign states to 
use deep fake technology to influence or otherwise interfere in an 
official proceeding within the United States, including an election.

SEC. 9. EFFECTIVE DATE.

    This Act shall enter into effect on the date that is one year after 
the date of enactment of this Act.
                                 <all>