[House Report 116-268] [From the U.S. Government Publishing Office] 116th Congress } { Report HOUSE OF REPRESENTATIVES 1st Session } { 116-268 ====================================================================== IDENTIFYING OUTPUTS OF GENERATIVE ADVERSARIAL NETWORKS ACT _______ November 5, 2019.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Ms. Johnson of Texas, from the Committee on Science, Space, and Technology, submitted the following R E P O R T [To accompany H.R. 4355] [Including cost estimate of the Congressional Budget Office] The Committee on Science, Space, and Technology, to whom was referred the bill (H.R. 4355) to direct the Director of the National Science Foundation to support research on the outputs that may be generated by generative adversarial networks, otherwise known as deepfakes, and other comparable techniques that may be developed in the future, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. CONTENTS Page I. Amendment.......................................................2 II. Purpose of the Bill.............................................3 III. Background and Need for the Legislation.........................3 IV. Committee Hearings..............................................4 V. Committee Consideration and Votes...............................4 VI. Summary of Major Provisions of the Bill.........................4 VII. Section-By-Section Analysis (By Title and Section)..............5 VIII. Committee Views.................................................6 IX. Cost Estimate...................................................6 X. Congressional Budget Office Cost Estimate.......................6 XI. Compliance with Public Law 104-4 (Unfunded Mandates)............7 XII. Committee Oversight Findings and Recommendations................7 XIII. Statement on General Performance Goals and Objectives...........7 XIV. Federal Advisory Committee Statement............................8 XV. Duplication of Federal Programs.................................8 XVI. Earmark Identification..........................................8 XVII. Applicability to the Legislative Branch.........................8 XVIII.Statement on Preemption of State, Local, or Tribal Law..........8 XIX. Changes in Existing Law Made by the Bill, As Reported...........8 XX. Proceedings of Full Committee Markup............................8 The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Identifying Outputs of Generative Adversarial Networks Act'' or the ``IOGAN Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Research gaps currently exist on the underlying technology needed to develop tools to identify authentic videos, voice reproduction, or photos from manipulated or synthesized content, including those generated by generative adversarial networks. (2) The National Science Foundation's focus to support research in artificial intelligence through computer and information science and engineering, cognitive science and psychology, economics and game theory, control theory, linguistics, mathematics, and philosophy, is building a better understanding of how new technologies are shaping the society and economy of the United States. (3) The National Science Foundation has identified the ``10 Big Ideas for NSF Future Investment'' including ``Harnessing the Data Revolution'' and the ``Future of Work at the Human- Technology Frontier'', in with artificial intelligence is a critical component. (4) The outputs generated by generative adversarial networks should be included under the umbrella of research described in paragraph (3) given the grave national security and societal impact potential of such networks. (5) Generative adversarial networks are not likely to be utilized as the sole technique of artificial intelligence or machine learning capable of creating credible deepfakes and other comparable techniques may be developed in the future to produce similar outputs. SEC. 3. NSF SUPPORT OF RESEARCH ON MANIPULATED OR SYNTHESIZED CONTENT AND INFORMATION SECURITY. The Director of the National Science Foundation, in consultation with other relevant Federal agencies, shall support merit-reviewed and competitively awarded research on manipulated or synthesized content and information authenticity, which may include-- (1) fundamental research on digital forensic tools or other technologies for verifying the authenticity of information and detection of manipulated or synthesized content, including content generated by generative adversarial networks; (2) fundamental research on technical tools for identifying manipulated or synthesized content, such as watermarking systems for generated media; (3) social and behavioral research related to manipulated or synthesized content, including the ethics of the technology and human engagement with the content; (4) research on public understanding and awareness of manipulated and synthesized content, including research on best practices for educating the public to discern authenticity of digital content; and (5) research awards coordinated with other federal agencies and programs including the Networking and Information Technology Research and Development Program, the Defense Advanced Research Projects Agency and the Intelligence Advanced Research Projects Agency. SEC. 4. NIST SUPPORT FOR RESEARCH AND STANDARDS ON GENERATIVE ADVERSARIAL NETWORKS. (a) In General.--The Director of the National Institute of Standards and Technology shall support research for the development of measurements and standards necessary to accelerate the development of the technological tools to examine the function and outputs of generative adversarial networks or other technologies that synthesize or manipulate content. (b) Outreach.--The Director of the National Institute of Standards and Technology shall conduct outreach-- (1) to receive input from private, public, and academic stakeholders on fundamental measurements and standards research necessary to examine the function and outputs of generative adversarial networks; and (2) to consider the feasibility of an ongoing public and private sector engagement to develop voluntary standards for the function and outputs of generative adversarial networks or other technologies that synthesize or manipulate content. SEC. 5. REPORT ON FEASIBILITY OF PUBLIC-PRIVATE PARTNERSHIP TO DETECT MANIPULATED OR SYNTHESIZED CONTENT. Not later than one year after the date of the enactment of this Act, the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology shall jointly submit to the Committee on Space, Science, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation a report containing-- (1) the Directors' findings with respect to the feasibility for research opportunities with the private sector, including digital media companies to detect the function and outputs of generative adversarial networks or other technologies that synthesize or manipulate content; and (2) any policy recommendations of the Directors that could facilitate and improve communication and coordination between the private sector, the National Science Foundation, and relevant Federal agencies through the implementation of innovative approaches to detect digital content produced by generative adversarial networks or other technologies that synthesize or manipulate content. SEC. 6. GENERATIVE ADVERSARIAL NETWORK DEFINED. In this Act, the term ``generative adversarial network'' means, with respect to artificial intelligence, the machine learning process of attempting to cause a generator artificial neural network (referred to in this paragraph as the ``generator'' and a discriminator artificial neural network (referred to in this paragraph as a ``discriminator'') to compete against each other to become more accurate in their function and outputs, through which the generator and discriminator create a feedback loop, causing the generator to produce increasingly higher- quality artificial outputs and the discriminator to increasingly improve in detecting such artificial outputs. II. Purpose of the Bill The purpose of the bill is to provide for research on manipulated or synthesized content and information authenticity, including output of generative adversarial networks, otherwise known as deepfakes and to encourage public- private partnerships to develop standards for detecting and identifying such content. III. Background and Need for the Legislation Disinformation in its many forms has long been used by governments and rogue organizations and individuals as a weapon against adversaries. The problem has become more pervasive in the past decade with the explosive growth of social media, which provides an opportunity for hostile actors to project disinformation directly into the popular discourse at little cost. Advancements in computing power and the widespread use of artificial intelligence over the past several years have made it easier and cheaper than ever before to manipulate and reproduce photographs and video and audio clips potentially harmful or deceptive to the American public and to the integrity of our democratic institutions and processes, including fake videos featuring ``people'' who do not really exist. AI programs can also write convincing articles and blog posts that seem to be written by real humans. This technology, often referred to as ``deepfake technology'' has developed rapidly over the past several years with no clear method of identifying and stopping it from becoming a major threat to national security, economic security, or public health. The ability to identify and label this content is critical to preventing bad actors from using manipulated images and videos to shift U.S. public opinion. While the deep fake technology continues to mature, researchers are only beginning to develop the knowledge and tools that will help the public and private sector distinguish authentic content from manipulated or synthesized content. IV. Committee Hearings On September 26, 2019, the Investigations and Oversight Subcommittee held a hearing entitled, ``Online Imposters and Disinformation.'' The purpose of the hearing was to explore the enabling technologies for disinformation online, including deep fakes, explore trends and emerging technology in the field, and consider research strategies that can help stem the tide of malicious inauthentic behavior. The hearing featured a demonstration of a deep fake video created using the words and video of two Members of Congress. Three witnesses testified: Dr. Hany Farid, Professor, Electrical Engineering & Computer Science and the School of Information, University of California, Berkeley; Dr. Siwei Lyu, Professor, Department of Computer Science, Director, Computer Vision and Machine Learning Lab, University at Albany, State University of New York; and Ms. Camille Francois; Chief Innovation Officer, Graphika. V. Committee Consideration and Votes On September 17, 2019 Rep. Anthony Gonzalez and Rep. Haley Stevens, as well as Rep. Jim Baird and Rep. Katie Hill, introduced H.R. 4355, the Identifying Outputs of Generative Adversarial Networks Act. The bill was referred to the House Science, Space, and Technology Committee. On September 25, 2019, the Committee met to consider H.R. 4355. Mr. Gonzalez offered an amendment in the nature of a substitute to make technical corrections and conforming changes. The amendment was agreed to by voice vote. Mr. Beyer introduced an amendment to the amendment to include fundamental research on technical tools for identifying manipulated or synthesized content, such as watermarking systems for generated media. The amendment was agreed to by voice vote. Ms. Wexton introduced an amendment to the amendment to include research on public understanding and awareness of manipulated or synthesized content, including research on best practices. The amendment was agreed to by voice vote. Ms. Johnson moved that the Committee favorably report the bill, H.R. 4355, to the House with the recommendation that the bill be approved. The motion was agreed to by voice vote. VI. Summary of Major Provisions of the Bill The Act directs the National Science Foundation (NSF) to support research on manipulated or synthesized content and information security, including fundamental research on digital media forensic tools, social and behavioral research, and research awards coordinated with other federal agencies and programs including NITRD, DARPA and IARPA. The Act directs the National Institute of Standards and Technology (NIST) to support research for the development of measurements and standards necessary to accelerate the development of technological tools to examine the function and outputs of generative adversarial networks and other technologies that synthesize or manipulate content. Further the Act directs NSF and NIST to jointly submit to Congress a report on the feasibility of and policy recommendations for a public-private partnership for research to detect manipulated or synthesized content. VII. Section-by-Section Analysis (By Title and Section) Section 1. Short title Identifying Outputs of Generative Adversarial Networks Act or the IOGAN Act. Section 2. Findings Provides findings for the Act that there are research gaps on the underlying technology needed to develop tools to identify authentic videos, voice reproduction, or photos and those generated by generative adversarial networks (otherwise known as ``deepfakes''), and that there is a role for the NSF in conducting research on these gaps including social and behavioral research. Section 3. NSF support of research on manipulated or synthesized content and information security Directs the National Science Foundation, in consultation with other Federal agencies, to conduct research on manipulated or synthesized content and information authenticity, including fundamental research on digital forensic tools and social and behavioral research on the ethics of the technology and human engagement with the content. Section 4. NIST support for research and standards on generative adversarial networks Directs the National Institute of Standards and Technology to support research for the development of measurements and standards necessary to accelerate the development of the technological tools to examine the function and outputs of generative adversarial networks and other technologies that synthesize or manipulate content; Directs NIST to solicit input from private, public, and academic stakeholders; Directs NIST to consider the feasibility of an ongoing public and private sector engagement to develop voluntary standards for the outputs of generative adversarial networks and other technologies. Section 5. Report on feasibility of public-private partnership to detect manipulated or synthesized content Directs NSF and NIST to jointly submit to Congress a report on opportunities for research partnerships with the private sector on generative adversarial networks or other technologies that synthesize or manipulate content. Section 6. Generative adversarial network defined Provides a definition for ``generative adversarial network''. VIII. Committee Views The intent of this legislation is to accelerate the progress of research and the development of measurements, standards, and tools to combat manipulated media content, including the outputs of generative adversarial networks, commonly called ``deepfakes.'' The Committee recognizes that NSF is already making investments in the area of manipulated or synthesized content through its Secure and Trustworthy Cyberspace (SaTC) and Robust Intelligence (RI) programs. The Committee encourages NSF to continue to fund cross-directorate research through these programs and others to achieve the purposes of this Act, including social and behavioral research on the ethics of these technologies and human interaction with the content generated by these technologies. The Committee intends for NSF and NIST, in carrying out this Act, to work with other agencies conducting work on detecting manipulated and synthesized content, including DARPA, IARPA and the agencies that participate in the NITRD program, to ensure coordination and avoid duplication of effort. IX. Cost Estimate Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974. X. Congressional Budget Office Cost Estimate U.S. Congress, Congressional Budget Office, Washington, DC, October 29, 2019. Hon. Eddie Bernice Johnson, Chairwoman, Committee on Science, Space, and Technology, House of Representatives, Washington, DC. Dear Madam Chairwoman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4355, the Identifying Outputs of Generative Adversarial Networks Act. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Janani Shankaran. Sincerely, Phillip L. Swagel, Director. Enclosure. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] H.R. 4355 would require the National Science Foundation (NSF) to support research on manipulated digital content and information authenticity. The bill also would direct the National Institute of Standards and Technology (NIST) to create measurements and standards for the development of technological tools that examine generative adversarial networks (GANs), which are used to produce manipulated content. Using information from the NSF, CBO estimates that implementing the bill would have no significant cost for the NSF because the agency is already carrying out the required activities through its existing grant programs. Using information from NIST, CBO estimates that the agency would require 10 additional employees at an average annual cost of $175,000 each over the 2020-2022 period to establish a research program on GANs and similar technologies. The bill also would direct NIST and the NSF to report to the Congress on related policy recommendations. Based on the costs of similar tasks, CBO estimates that developing the report would cost less than $500,000. In total, CBO estimates that implementing H.R. 4355 would cost $6 million over the 2020-2024 period; such spending would be subject to the availability of appropriated funds. The CBO staff contacts for this estimate are Janani Shankaran and David Hughes. The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. XI. Federal Mandates Statement H.R. 4355 contains no unfunded mandates. XII. Committee Oversight Findings and Recommendations The Committee's oversight findings and recommendations are reflected in the body of this report. XIII. Statement on General Performance Goals and Objectives The goal of this legislation is to support research and development on technical and other tools to assist the public and private sectors in identifying manipulated and synthesized content online. XIV. Federal Advisory Committee Statement H.R. 4355 does not create any advisory committees. XV. Duplication of Federal Programs Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House of Representatives, the Committee finds that no provision of H.R. 4355 establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, including any program that was included in a report to Congress pursuant to section 21 of Public Law 111-139 or the most recent Catalog of Federal Domestic Assistance. XVI. Earmark Identification Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee finds that H.R. 4355 contains no earmarks, limited tax benefits, or limited tariff benefits. XVII. Applicability to the Legislative Branch The Committee finds that H.R. 4355 does not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104-1). XVIII. Statement on Preemption of State, Local, or Tribal Law This bill is not intended to preempt any state, local, or tribal law. XIX. Changes in Existing Law Made by the Bill, as Reported This legislation does not amend any existing Federal statute. XX. Proceedings of the Full Committee Markup [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]