(a) "Artificial intelligence modelArtificial intelligence model"Artificial intelligence model" means an engineered or machine-based system that varies in the system's level of autonomy and that can, for explicit or implicit objectives, infer from input received how to generate outputs that can influence physical or virtual environments.Sec. 3(a)" means an engineered or machine-based system that varies in the system's level of autonomy and that can, for explicit or implicit objectives, infer from input received how to generate outputs that can influence physical or virtual environments.

(b) "Critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b)" means a foreseeable and material risk that a large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s development, storage, or deployment of a foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e). (iii) A foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s activities made it substantially easier or more likely for the individual to inflict the harm.

(c) "DeployDeploy"Deploy" means to use a foundation model or to make a foundation model foreseeably available to 1 or more third parties for use, modification, copying, or combination with other software, except as reasonably necessary for developing the foundation model or evaluating the foundation model or other foundation models.Sec. 3(c)" means to use a foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) or to make a foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) foreseeably available to 1 or more third parties for use, modification, copying, or combination with other software, except as reasonably necessary for developing the foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) or evaluating the foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) or other foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e).

(d) "EmployeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d)" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b). (ii) A corporate officer.

(e) "Foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e)" means an artificial intelligence modelArtificial intelligence model"Artificial intelligence model" means an engineered or machine-based system that varies in the system's level of autonomy and that can, for explicit or implicit objectives, infer from input received how to generate outputs that can influence physical or virtual environments.Sec. 3(a) that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.

(f) "Large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)" means a person that has developed both of the following: (i) A foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.

(g) "Safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g)" means a set of documented technical and organizational protocols used by a large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) to manage critical risksCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b) that meet the requirements of section 5.

(a)–(l) 1 A safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g) must describe in detail all of the following, as applicable: (a) How the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) excludes certain foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) from being covered by the safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g) when those foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) pose a limited critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b). (b) The thresholds at which critical risksCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b) would be considered intolerable, any justification for the thresholds, and what the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) will do if a threshold is surpassed. (c) The testing and assessment procedures the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) uses to investigate critical risksCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b) and how the tests and procedures account for the possibility that a foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) could evade the control of the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) or user or be misused, modified, executed with increased computational resources, or used to create another foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e). (d) The procedure the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) will use to determine if and how to deployDeploy"Deploy" means to use a foundation model or to make a foundation model foreseeably available to 1 or more third parties for use, modification, copying, or combination with other software, except as reasonably necessary for developing the foundation model or evaluating the foundation model or other foundation models.Sec. 3(c) a foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) when doing so poses critical risksCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b). (e) The physical, digital, and organizational security protection the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) will implement to prevent insiders or third parties from accessing foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) within the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s control in a manner that is unauthorized by the developer and could create a critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b). (f) Any safeguards and risk mitigation measures the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) uses to reduce critical risksCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b) from the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) and how the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) assesses efficacy and limitations. (g) How the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) will respond if a critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b) materializes or is imminent. (h) The procedures that the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) uses to determine whether to conduct additional assessments for a critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b) when the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) modifies or expands access to the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) or combines the foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) with other software and how such assessments are conducted. (i) The conditions under which the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) will report an incident relevant to a critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b) that occurs in connection with 1 or more of the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) and the entities to which the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) will make those reports. (j) The conditions under which the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) will modify the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g). (k) The parts of the safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g) that the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) believes provide sufficient scientific detail to allow for the independent assessment of the methods used to generate the results, evidence, and analysis, and to which experts any unredacted versions are made available. (l) Any other role a financially disinterested third party plays under subdivisions (a) to (k).

(1)(a) 2 Beginning on January 1, 2026, a large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) shall do all of the following: (a) Produce, implement, follow, and conspicuously publish a safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g).

(1)(b) 3 If materially modifying the safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g) under subdivision (a), conspicuously publish the modifications not more than 30 days after the material modification was made.

(1)(c) 4 Not less than once every 90 days, produce and conspicuously publish a transparency report that covers the period of 120 days before the publishing of the report to 30 days before the publishing of the report that includes all of the following information: (i) The conclusion of any risk assessments made during the reporting period in accordance with the safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g) under subdivision (a). (ii) If different from the preceding reporting period, for each type of critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b), an assessment of the relevant capability of the foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) to create that critical risk of whichever of the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e), whether deployed or not, would pose the highest level of that critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b) if deployed without adequate safeguards and protections. (iii) If, during the reporting period, the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) has deployed or modified a foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) that would pose a higher level of critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b) than any of the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s existing deployed foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e) if deployed without adequate safeguards and protections, both of the following: (A) The grounds on which and the process by which the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) decided to deployDeploy"Deploy" means to use a foundation model or to make a foundation model foreseeably available to 1 or more third parties for use, modification, copying, or combination with other software, except as reasonably necessary for developing the foundation model or evaluating the foundation model or other foundation models.Sec. 3(c) the foundation modelFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e). (B) Any safeguards and protections implemented by the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) to mitigate critical risksCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b).

(1)(d) 5 Record and retain for 5 years any specific tests used and results obtained as a part of an assessment of critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b) with sufficient detail for qualified third parties to replicate the testing.

(2) 6 A large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) shall not knowingly make false or materially misleading statements or omissions in or regarding documents produced in accordance with this section.

(3)–(4) 7 If a large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) publishes a document in accordance with the requirements of this act, the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) shall publish the information on a conspicuous page on the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s website. The large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) may redact the document as reasonably necessary to protect the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s trade secrets, public safety, or national security, or to comply with applicable law. An auditor required to perform an audit and produce a report under section 9 may redact information from the report using the same procedure described in this subsection before the publication of that report under section 9(3). If a large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) or auditor makes a redaction under subsection (3), the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) or auditor shall do both of the following: (a) Retain an unredacted version of the document for not less than 5 years and provide the attorney general with the ability to inspect the unredacted document on request. (b) Describe the character and justification of the redactions in the published version of the document.

(1)–(2) 8 Beginning on January 1, 2026, not less than once per year, a large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) shall retain a reputable third-party auditor to produce a report that assesses all of the following: (a) If the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) has complied with the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g) and any instances of noncompliance. (b) Any instance where the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g) was not stated clearly enough to determine if the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) has complied with the safety and security protocolSafety and security protocol"Safety and security protocol" means a set of documented technical and organizational protocols used by a large developer to manage critical risks that meet the requirements of section 5.Sec. 3(g). (c) Any instance that the auditor believes the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) violated section 7(2), (3), or (4). A large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) shall grant the auditor access to all materials produced to comply with this act and any other materials reasonably necessary to perform the assessment under subsection (1).

(3) 9 Not more than 90 days after the completion of the auditor's report under subsection (1), a large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) shall conspicuously publish that report.

(4) 8 In conducting an audit under this section, an auditor shall employ or contract 1 or more individuals with expertise in corporate compliance and 1 or more individuals with technical expertise in the safety of foundation modelsFoundation model"Foundation model" means an artificial intelligence model that meets all of the following requirements: (i) Is trained on a broad data set. (ii) Is designed for generality of output. (iii) Is adaptable to a wide range of distinctive tasks.Sec. 3(e).

(1) 10 A large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) shall not discharge, threaten, or otherwise discriminate against an employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d) regarding the employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d)'s compensation, terms, conditions, location, or privileges of employment because the employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d), or an individual acting on behalf of the employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d), reports or is about to report to an appropriate federal or state authority, verbally or in writing, information that indicates that the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s activities pose a critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b), unless the employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d) knows that the report is false.

(2)–(4) 10 An employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d) who alleges a violation of subsection (1) may bring a civil action not more than 90 days after the occurrence of the alleged violation seeking 1 or more of the following: (a) Injunctive relief. (b) Actual damages. (c) Reasonable attorney fees, witness fees, and court costs. (d) Any other relief the court considers appropriate, including the reinstatement of the employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d), the payment of back wages, and full reinstatement of fringe benefits and seniority rights. An employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d) who brings a civil action under subsection (2) must show by clear and convincing evidence that the employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d), or an individual acting on behalf of the employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d), was about to make a report protected by subsection (1). A civil action commenced under subsection (2) may be brought in the circuit court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has the person's principal place of business.

(5) 11 A large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) shall do both of the following: (a) Post notices and use other appropriate means to keep the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s employeesEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d) informed of the employeesEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d)' protections and obligations under this section. (b) Provide a reasonable internal process through which both of the following occur: (i) An employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d) may anonymously disclose information to the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) if the employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d) believes in good faith that the information indicates the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s activities present a critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b). (ii) A monthly update is given to the employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d) under subparagraph (i) regarding the status of the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s investigation of the disclosure and any actions taken by the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) in response to the disclosure.

(6) 12 A large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) shall maintain the disclosures and updates provided under subsection (5)(b) for not less than 7 years after the date when the disclosure or update was created. Each disclosure and update must be shared with the officers and directors of the large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) who do not have a conflict of interest not less than once per quarter.

(7) A large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) that violates this section is subject to a civil fine of not more than $500.00. A civil fine under this subsection must be deposited into the general fund.

(8) This section does not diminish or impair the rights of a person under any collective bargaining agreement or permit disclosures that would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.

(9) This section does not invalidate or limit any protection afforded to an employeeEmployee"Employee" means an individual who performs services for wages or salary under a contract of employment, express or implied, for an employer, including both of the following: (i) A contractor or subcontractor and unpaid advisors involved with assessing, managing, or addressing a critical risk. (ii) A corporate officer.Sec. 3(d) or any obligation imposed on an employer, including an employer that is a large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f), under the whistleblowers' protection act, 1980 PA 469, MCL 15.361 to 15.369.

(1)–(2) If a large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f) violates section 7 or 9, the attorney general may bring a civil action seeking 1 or both of the following: (a) A civil fine of not more than $1,000,000.00 per violation. (b) Injunctive or declaratory relief. In determining the relief granted under subsection (1), the court may consider both of the following: (a) The severity of the violation. (b) If the violation resulted in, or could have resulted in, the materialization of a critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b).

(3) If a large developerLarge developer"Large developer" means a person that has developed both of the following: (i) A foundation model with a quantity of computing power that costs not less than $5,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time that the computing power was used. (ii) Within the immediately preceding 12 months, 1 or more foundation models with a total quantity of computing power that costs not less than $100,000,000.00 when measured using prevailing market prices of cloud computing in the United States at the time the computing power was used.Sec. 3(f)'s activities present an imminent critical riskCritical risk"Critical risk" means a foreseeable and material risk that a large developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or will result in more than $1,000,000,000.00 in damages to rights in money or property, through an incident of any of the following kinds: (i) The creation and release of a chemical, biological, radiological, or nuclear weapon. (ii) A cyberattack conducted by or assisted by a foundation model. (iii) A foundation model engaging in conduct that meets both of the following: (A) Is performed with limited human intervention. (B) Would, if the conduct was committed by an individual, constitute a crime that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of a crime. (iv) A harm as a result of an incident described under subparagraphs (i) to (iii) that is inflicted by an intervening individual only if the large developer's activities made it substantially easier or more likely for the individual to inflict the harm.Sec. 3(b), the attorney general may bring a civil action seeking injunctive relief.