Guidelines for model versioning and other designations

(a) Model versioning Not later than 150 days after the date of enactment of this Act, the Commission, in consultation with the Director of the National Institute of Standards and Technology, shall issue guidance regarding when a developer has produced a distinct generative artificial intelligence model through— (1) development, including novel pre-training of a model architecture; or (2) any update to, or improvement or iteration of, an existing generative artificial intelligence model. (b) Designation process (1) In general Not later than 150 days after the date of enactment of this Act, the Commission, in consultation with the Director of the National Institute of Standards and Technology, shall promulgate regulations in accordance with section 553 of title 5, United States Code, to establish criteria— (A) to determine when a deployment of a generative artificial intelligence model is expected to have sufficient users to meet the criteria described in— (i) paragraph (6) of section 2 for a deployer to be considered a covered deployer; or (ii) paragraph (7) of section 2 for a generative artificial intelligence model to be considered a covered model; and (B) to designate a generative artificial intelligence model or a particular deployment of a generative artificial intelligence model as a covered model or covered system, based on a determination that it poses a significant risk to safety of minors, vulnerable users, or the public. (2) Requirements In establishing the criteria to make a designation under paragraph (1)(B), the Commission, in consultation with the Director of the National Institute of Standards and Technology, shall do the following: (A) Consider the capabilities of the generative artificial intelligence model, the contexts in which the model is deployed or reasonably likely to be deployed (including the degree of access by vulnerable users), and the severity and reversibility of the harms reasonably foreseeable from those capabilities. (B) Accompany any such designation with written findings, which shall be made publicly available. (C) Provide the developer of the model or the deployer of the system with written notice and not fewer than 30 days to respond before any such designation takes effect, except that a designation may take effect immediately upon a finding by the Commission of imminent and significant risk, in which case the Commission shall provide such notice and opportunity to respond not later than 30 days after the effective date and shall confirm, modify, or rescind the designation not later than 60 days after the effective date.