Definitions

In this Act: (1) Artificial intelligence system (A) In general The term artificial intelligence system means any software, data system, application, tool, or utility— (i) that is capable of making or facilitating predictions, recommendations, actions, or decisions for a given set of human-or machine-defined objectives; and (ii) that uses machine learning algorithms, statistical or symbolic models, or other algorithmic or computational methods (whether dynamic or static) that affect or facilitate actions or decision-making in real or virtual environments. (B) Inclusion An artificial intelligence system may be integrated into, or operate in conjunction with, other hardware or software. (2) Claimant The term claimant means any person, including a class of persons, who brings a liability action. (3) Covered product The term covered product means an artificial intelligence system. (4) Deployer The term deployer means a person, including a developer, who uses or operates a covered product for— (A) the person's own personal or commercial use; or (B) use by a third party. (5) Design The term design, with respect to a covered product— (A) means the intended or known material characteristics of the covered product; and (B) includes— (i) any intended or known formulation of the covered product and the usual result of the intended development or other processes used to produce the covered product, including unexpected skills or behaviors that appear in the covered product; (ii) the selection of any data used for training a covered product through fitting its learnable parameters; and (iii) training, testing, auditing, and fine-tuning the covered product. (6) Developer The term developer means a person who designs, codes, produces, owns, or substantially modifies a covered product for— (A) the person's own personal or commercial use; or (B) use by a third party. (7) Express warranty The term express warranty means any material, positive statement, affirmation of fact, promise, or description relating to a covered product, including any sample or model of a covered product. (8) Harm The term harm means, with respect to the effect of the use of a covered product— (A) damage to property other than the covered product itself; (B) personal physical injury, illness, or death; (C) financial or reputational injury; (D) mental or psychological anguish, emotional distress, or distortion of a person’s behavior that would be highly offensive to a reasonable person; or (E) any loss of consortium or services or other loss deriving from any type of harm described in subparagraph (A), (B), (C), or (D). (9) Liability action The term liability action means a civil action brought under section 301 based on any theory for harm caused by a covered product or covered product use. (10) Person The person means any individual, corporation, company, association, firm, partnership, society, joint stock company, or other entity, including any government entity or unincorporated association of persons. (11) Substantial modification The term substantial modification, with respect to a covered product— (A) means any deliberate change made to the covered product by a deployer that— (i) was not authorized or reasonably anticipated by the developer when the covered product left the control of the developer; and (ii) changes the purpose, use, function, design, or intended use or manner of use of the covered product from that for which the covered product was originally designed, tested, or intended; and (B) does not include a modification that solely reduces or mitigates a new or additional risk. (12) Under a legal disability The term under a legal disability, with respect to a person, means the person lacks the capacity to understand, make, or communicate decisions regarding the person's legal rights— (A) because of a mental illness or intellectual disability; or (B) because the person is under the age of 18.