Definitions

In this Act: (1) Artificial intelligence The 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). (2) Client The 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. (3) Developer The 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. (4) Error The 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. (5) Learned professional The 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. (6) Model card The 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. (7) Model specification The 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.