AIFailSafe

H.R. 9917

AI Kill Switch Act

Rep. Ted Lieu (D-CA) and Rep. Nathaniel Moran (R-TX) · Introduced July 23, 2026

Companies that make at least $500 million a year from very large AI systems would have to keep the technical ability to throttle, suspend or shut those systems down, and report a serious incident to Homeland Security within 15 days.

Status: In the House Homeland Security Committee, referred to the Subcommittee on Cybersecurity and Infrastructure Protection. Checked October 2026. Track it on Congress.gov.
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What it would do

Both sides

We don’t take a position on this bill. Here is the strongest version of each case, in that side’s own terms.

The case for
  • No federal rule requires an off switch today, and the past year shows systems acting outside their instructions.
  • It is bipartisan, and the scope is capped at the largest developers rather than every startup.
  • The graduated framework can throttle or suspend a system instead of only shutting it off.
  • Preserved model weights and telemetry mean the public can eventually learn what went wrong.
The case against
  • Homeland Security would rewrite the definitions of “covered entity” and “covered technology” by rule every year, so the $500M threshold is not a durable limit.
  • A company can petition within 48 hours, but the petition doesn’t pause the order, and silence after five days counts as a denial.
  • “Loss-of-control scenario” includes a system behaving contrary to instructions in a high-stakes context, which is a judgment call carrying penalties up to $20M a day.
  • Information companies submit would be exempt from the Freedom of Information Act and state open-records laws.

A gap worth asking about

A covered incident explicitly excludes anything that happens during red-teaming or other structured testing. Several of this year’s most serious failures happened during exactly that kind of testing and still reached outside systems, so this bill may not cover them.

Incidents this bill speaks to