(1)–(7) Congress finds the following: (1) Artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) systems have rapidly advanced in capability and are increasingly being deployed across professional services, including healthcare, law, finance, and other sectors critical to the economy. (2) Industry leaders have publicly acknowledged the development of increasingly powerful artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) systems, with some discussing the potential for artificial general intelligence and superintelligence that could fundamentally reshape the society of the United States. (3) The current lack of clarity regarding liability for artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) errorsErrorThe term "error" means— (A) any output, action, recommendation, or material omission by an artificial intelligence product that is false, misleading, fabricated, deceptive, or incomplete in a manner that a reasonable developer could foresee would cause harm; or (B) any failure of an artificial intelligence product to perform a function or task that the artificial intelligence product expressly or implicitly represents itself as capable of performing.Sec. 3(4) creates uncertainty that impedes the responsible integration of these beneficial technologies into professional services and economic activity. (4) Many artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) systems operate with limited transparency regarding their capabilities, limitations, and default instructions, making it difficult for professional users to assess appropriate use cases and for legal systems to fairly allocate responsibility when errorsErrorThe term "error" means— (A) any output, action, recommendation, or material omission by an artificial intelligence product that is false, misleading, fabricated, deceptive, or incomplete in a manner that a reasonable developer could foresee would cause harm; or (B) any failure of an artificial intelligence product to perform a function or task that the artificial intelligence product expressly or implicitly represents itself as capable of performing.Sec. 3(4) occur. (5) Learned professionalsLearned professionalThe term "learned professional" means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clients; and (D) exercises independent professional judgment when using tools, including artificial intelligence products, in the course of rendering professional services.Sec. 3(5) who utilize artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) tools in serving clientsClientThe term "client" means a person that— (A) engages the services of a learned professional; (B) relies upon the expertise, judgment, and advice of the learned professional; and (C) has a relationship with the learned professional that is governed by professional standards, codes of conduct, or regulations.Sec. 3(2) have professional obligations to understand the capabilities and limitations of the tools they employ, requiring access to clear information about system specifications and performance characteristics. (6) Establishing clear standards for artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) transparency, coupled with appropriate liability frameworks, will promote responsible innovation while ensuring that the benefits and risks of artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) systems are properly understood and managed as these technologies continue to advance. (7) The development of artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) systems that may significantly impact the future of human civilization warrants a governance approach that balances innovation incentives with robust transparency requirements and appropriate allocation of responsibility among developersDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3), professional users, and other stakeholders.

(1)–(7) In this Act: (1) ARTIFICIAL INTELLIGENCEArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1).—The term ''artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1)'' has the meaning given the term in section 5002 of the National Artificial IntelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) Initiative Act of 2020 (15 U.S.C. 9401). (2) CLIENTClientThe term "client" means a person that— (A) engages the services of a learned professional; (B) relies upon the expertise, judgment, and advice of the learned professional; and (C) has a relationship with the learned professional that is governed by professional standards, codes of conduct, or regulations.Sec. 3(2).—The term ''clientClientThe term "client" means a person that— (A) engages the services of a learned professional; (B) relies upon the expertise, judgment, and advice of the learned professional; and (C) has a relationship with the learned professional that is governed by professional standards, codes of conduct, or regulations.Sec. 3(2)'' means a person that— (A) engages the services of a learned professionalLearned professionalThe term "learned professional" means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clients; and (D) exercises independent professional judgment when using tools, including artificial intelligence products, in the course of rendering professional services.Sec. 3(5); (B) relies upon the expertise, judgment, and advice of the learned professionalLearned professionalThe term "learned professional" means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clients; and (D) exercises independent professional judgment when using tools, including artificial intelligence products, in the course of rendering professional services.Sec. 3(5); and (C) has a relationship with the learned professionalLearned professionalThe term "learned professional" means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clients; and (D) exercises independent professional judgment when using tools, including artificial intelligence products, in the course of rendering professional services.Sec. 3(5) that is governed by professional standards, codes of conduct, or regulations. (3) DEVELOPERDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3).—The term ''developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3)'' means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3); (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3); or (C) markets, distributes, licenses, or makes available an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3). (4) ERRORErrorThe term "error" means— (A) any output, action, recommendation, or material omission by an artificial intelligence product that is false, misleading, fabricated, deceptive, or incomplete in a manner that a reasonable developer could foresee would cause harm; or (B) any failure of an artificial intelligence product to perform a function or task that the artificial intelligence product expressly or implicitly represents itself as capable of performing.Sec. 3(4).—The term ''errorErrorThe term "error" means— (A) any output, action, recommendation, or material omission by an artificial intelligence product that is false, misleading, fabricated, deceptive, or incomplete in a manner that a reasonable developer could foresee would cause harm; or (B) any failure of an artificial intelligence product to perform a function or task that the artificial intelligence product expressly or implicitly represents itself as capable of performing.Sec. 3(4)'' means— (A) any output, action, recommendation, or material omission by an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) that is false, misleading, fabricated, deceptive, or incomplete in a manner that a reasonable developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3) could foresee would cause harm; or (B) any failure of an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) to perform a function or task that the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) expressly or implicitly represents itself as capable of performing. (5) LEARNED PROFESSIONALLearned professionalThe term "learned professional" means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clients; and (D) exercises independent professional judgment when using tools, including artificial intelligence products, in the course of rendering professional services.Sec. 3(5).—The term ''learned professionalLearned professionalThe term "learned professional" means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clients; and (D) exercises independent professional judgment when using tools, including artificial intelligence products, in the course of rendering professional services.Sec. 3(5)'' means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clientsClientThe term "client" means a person that— (A) engages the services of a learned professional; (B) relies upon the expertise, judgment, and advice of the learned professional; and (C) has a relationship with the learned professional that is governed by professional standards, codes of conduct, or regulations.Sec. 3(2); and (D) exercises independent professional judgment when using tools, including artificial intelligence productsArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3), in the course of rendering professional services. (6) MODEL CARDModel cardThe term "model card" means a publicly available technical document in which a developer describes, consistent with industry standards and as rigorously as or more rigorously than industry peers, the training data sources, evaluation methodology, performance metrics, intended uses, limitations, and risk mitigations, including detection, evaluation, management, and safeguards against errors, of an artificial intelligence product.Sec. 3(6).—The term ''model cardModel cardThe term "model card" means a publicly available technical document in which a developer describes, consistent with industry standards and as rigorously as or more rigorously than industry peers, the training data sources, evaluation methodology, performance metrics, intended uses, limitations, and risk mitigations, including detection, evaluation, management, and safeguards against errors, of an artificial intelligence product.Sec. 3(6)'' means a publicly available technical document in which a developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3) describes, consistent with industry standards and as rigorously as or more rigorously than industry peers, the training data sources, evaluation methodology, performance metrics, intended uses, limitations, and risk mitigations, including detection, evaluation, management, and safeguards against errorsErrorThe term "error" means— (A) any output, action, recommendation, or material omission by an artificial intelligence product that is false, misleading, fabricated, deceptive, or incomplete in a manner that a reasonable developer could foresee would cause harm; or (B) any failure of an artificial intelligence product to perform a function or task that the artificial intelligence product expressly or implicitly represents itself as capable of performing.Sec. 3(4), of an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3). (7) MODEL SPECIFICATIONModel specificationThe term "model specification"— (A) means the text or other configuration instructions of an artificial intelligence product— (i) supplied by a developer; (ii) that establish the intended base behavior, tone, constraints, or goals of the artificial intelligence product; and (iii) that materially influence the outputs of the artificial intelligence product across users or sessions, including the system prompt provided to the model before engaging with user queries; and (B) includes— (i) the system prompt and any other text or images that the artificial intelligence product receives that are not visible to the end user; (ii) any constitution or analogous guiding document used when training or fine-tuning of an artificial intelligence product, including in automated schemes in which an artificial intelligence system trains another artificial intelligence system; and (iii) the instructions, rubrics, or other guidance provided to human raters or evaluators of an artificial intelligence product the feedback of whom is used to train or fine-tune the artificial intelligence product.Sec. 3(7).—The term ''model specificationModel specificationThe term "model specification"— (A) means the text or other configuration instructions of an artificial intelligence product— (i) supplied by a developer; (ii) that establish the intended base behavior, tone, constraints, or goals of the artificial intelligence product; and (iii) that materially influence the outputs of the artificial intelligence product across users or sessions, including the system prompt provided to the model before engaging with user queries; and (B) includes— (i) the system prompt and any other text or images that the artificial intelligence product receives that are not visible to the end user; (ii) any constitution or analogous guiding document used when training or fine-tuning of an artificial intelligence product, including in automated schemes in which an artificial intelligence system trains another artificial intelligence system; and (iii) the instructions, rubrics, or other guidance provided to human raters or evaluators of an artificial intelligence product the feedback of whom is used to train or fine-tune the artificial intelligence product.Sec. 3(7)''— (A) means the text or other configuration instructions of an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3)— (i) supplied by a developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3); (ii) that establish the intended base behavior, tone, constraints, or goals of the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3); and (iii) that materially influence the outputs of the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) across users or sessions, including the system prompt provided to the model before engaging with user queries; and (B) includes— (i) the system prompt and any other text or images that the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) receives that are not visible to the end user; (ii) any constitution or analogous guiding document used when training or fine-tuning of an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3), including in automated schemes in which an artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) system trains another artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).Sec. 3(1) system; and (iii) the instructions, rubrics, or other guidance provided to human raters or evaluators of an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) the feedback of whom is used to train or fine-tune the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3).

(a)(1)–(2) 1 SAFE HARBOR ELIGIBILITY.—A developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3) shall be immune from civil liability for errorsErrorThe term "error" means— (A) any output, action, recommendation, or material omission by an artificial intelligence product that is false, misleading, fabricated, deceptive, or incomplete in a manner that a reasonable developer could foresee would cause harm; or (B) any failure of an artificial intelligence product to perform a function or task that the artificial intelligence product expressly or implicitly represents itself as capable of performing.Sec. 3(4) generated by an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) when used by a learned professionalLearned professionalThe term "learned professional" means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clients; and (D) exercises independent professional judgment when using tools, including artificial intelligence products, in the course of rendering professional services.Sec. 3(5) in the course of providing professional services to a clientClientThe term "client" means a person that— (A) engages the services of a learned professional; (B) relies upon the expertise, judgment, and advice of the learned professional; and (C) has a relationship with the learned professional that is governed by professional standards, codes of conduct, or regulations.Sec. 3(2) if the developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3)— (1) prior to deployment of the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3), publicly releases and continuously maintains— (A) the model cardModel cardThe term "model card" means a publicly available technical document in which a developer describes, consistent with industry standards and as rigorously as or more rigorously than industry peers, the training data sources, evaluation methodology, performance metrics, intended uses, limitations, and risk mitigations, including detection, evaluation, management, and safeguards against errors, of an artificial intelligence product.Sec. 3(6) for the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3); and (B) the model specificationModel specificationThe term "model specification"— (A) means the text or other configuration instructions of an artificial intelligence product— (i) supplied by a developer; (ii) that establish the intended base behavior, tone, constraints, or goals of the artificial intelligence product; and (iii) that materially influence the outputs of the artificial intelligence product across users or sessions, including the system prompt provided to the model before engaging with user queries; and (B) includes— (i) the system prompt and any other text or images that the artificial intelligence product receives that are not visible to the end user; (ii) any constitution or analogous guiding document used when training or fine-tuning of an artificial intelligence product, including in automated schemes in which an artificial intelligence system trains another artificial intelligence system; and (iii) the instructions, rubrics, or other guidance provided to human raters or evaluators of an artificial intelligence product the feedback of whom is used to train or fine-tune the artificial intelligence product.Sec. 3(7) for the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3), which may include redactions— (i) only relating to information that would reveal trade secrets unrelated to the safety of the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3); and (ii) only if the developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3) furnishes contemporaneously with each redaction a written justification for the redaction identifying the basis for withholding the information as a trade secret; and (2) provides clear and conspicuous documentation to learned professionalsLearned professionalThe term "learned professional" means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clients; and (D) exercises independent professional judgment when using tools, including artificial intelligence products, in the course of rendering professional services.Sec. 3(5) describing the known limitations, failure modes, and appropriate domains of use for the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3).

(b) 1 SCOPE OF IMMUNITY.—The immunity provided under subsection (a) shall be conferred to a developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3) only for acts or omissions that do not constitute recklessness or willful misconduct by the developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3).

(c)(1)–(2) 2 DUTY TO UPDATE.—Immunity under subsection (a) relating to an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) shall not apply to a developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3)— (1) that does not update the model cardModel cardThe term "model card" means a publicly available technical document in which a developer describes, consistent with industry standards and as rigorously as or more rigorously than industry peers, the training data sources, evaluation methodology, performance metrics, intended uses, limitations, and risk mitigations, including detection, evaluation, management, and safeguards against errors, of an artificial intelligence product.Sec. 3(6), model specificationModel specificationThe term "model specification"— (A) means the text or other configuration instructions of an artificial intelligence product— (i) supplied by a developer; (ii) that establish the intended base behavior, tone, constraints, or goals of the artificial intelligence product; and (iii) that materially influence the outputs of the artificial intelligence product across users or sessions, including the system prompt provided to the model before engaging with user queries; and (B) includes— (i) the system prompt and any other text or images that the artificial intelligence product receives that are not visible to the end user; (ii) any constitution or analogous guiding document used when training or fine-tuning of an artificial intelligence product, including in automated schemes in which an artificial intelligence system trains another artificial intelligence system; and (iii) the instructions, rubrics, or other guidance provided to human raters or evaluators of an artificial intelligence product the feedback of whom is used to train or fine-tune the artificial intelligence product.Sec. 3(7), and documentation with respect to the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) as described in subsection (a)(1) by the date that is 30 days after the date on which the developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3)— (A) deploys a new version of the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3); or (B) discovers a new and material failure mode affecting the artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3); and (2) of which the failure to make an update described in paragraph (1) by the applicable date described in that paragraph proximately causes a harm occurring after that date.

(d)(1) PREEMPTION.— (1) EXPRESS PREEMPTION.—This section shall apply to any claim arising under State law against a developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3) for an errorErrorThe term "error" means— (A) any output, action, recommendation, or material omission by an artificial intelligence product that is false, misleading, fabricated, deceptive, or incomplete in a manner that a reasonable developer could foresee would cause harm; or (B) any failure of an artificial intelligence product to perform a function or task that the artificial intelligence product expressly or implicitly represents itself as capable of performing.Sec. 3(4) arising from the use of an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) by a learned professionalLearned professionalThe term "learned professional" means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clients; and (D) exercises independent professional judgment when using tools, including artificial intelligence products, in the course of rendering professional services.Sec. 3(5) in providing professional services if the developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3) is immune from civil liability under subsection (a).

(d)(2) CLAIMS NOT PREEMPTED.—Nothing in this section shall apply to a claim arising under State law against a developerDeveloperThe term "developer" means a person that— (A) creates, designs, programs, trains, modifies, or substantially contributes to the creation or modification of an artificial intelligence product; (B) exercises control over the design specifications, functionality, capabilities, limitations, or intended uses of an artificial intelligence product; or (C) markets, distributes, licenses, or makes available an artificial intelligence product under their own name, brand, or trademark, regardless of whether the person creates the original underlying technology of the artificial intelligence product.Sec. 3(3) based on fraud, knowing misrepresentation, or conduct outside the scope of professional use of an artificial intelligence productArtificial intelligence productNot expressly defined; used throughout the bill to refer to any AI system created, designed, programmed, trained, modified, marketed, distributed, licensed, or made available by a developer, as described in the definition of "developer" under Sec. 3(3).Sec. 3(3) by a learned professionalLearned professionalThe term "learned professional" means an individual who— (A) possesses specialized education, training, knowledge, or skill in a profession; (B) is licensed, certified, or otherwise authorized by an appropriate Federal or State authority to practice in that profession; (C) is bound by professional standards, ethical obligations, and a duty of care to clients; and (D) exercises independent professional judgment when using tools, including artificial intelligence products, in the course of rendering professional services.Sec. 3(5).

Nothing in this Act shall be construed to affect any immunity from civil liability established by Federal or State law or available at common law that is not related to the immunity established under section 4(a).

(1)–(2) This Act— (1) shall take effect on December 1, 2025; and (2) shall apply to acts or omissions occurring on or after the date described in paragraph (1).