DHS gets power to shut down AI systems—with minimal oversight
H.R. 9917 — AI Kill Switch Act · Filed by Ted Lieu (D-CA) · 1 cosponsor · Introduced Jul 23, 2026 · Referred to committee
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What it does
This bill requires large AI companies (those earning at least $500 million annually from AI systems built with over $100 million in computing costs) to maintain technical capabilities to shut down, throttle, or suspend their AI systems on command, and to report serious incidents to the Department of Homeland Security within 15 days. DHS gains authority to order immediate shutdowns if it determines a 'covered incident' has occurred—defined as sabotage, unintended deaths of 10+ people, concealment of capabilities, or loss-of-control scenarios—with companies facing up to $2 million per day in civil penalties for violations, or $20 million per day for failing to comply with shutdown orders.
Why we flagged it
The bill's core mechanism is a mandatory shutdown-capability standard for large AI systems paired with DHS emergency authority to order shutdowns upon detecting defined 'covered incidents.' This is regulatory safety infrastructure, not a carve-out or subsidy, though the emergency authority provisions are unusually broad.
What the text implies
- DHS gains unilateral emergency shutdown authority with only a 48-hour appeal window and a 5-day reconsideration deadline that is 'deemed denied' if missed—effectively allowing DHS to shut down AI systems first and face judicial review only after 60 days, creating a chilling effect on AI deployment.
- The definition of 'loss-of-control scenario' includes AI 'pursuing a goal not intended by the developer'—a subjective, speculative standard that could be invoked for ordinary model behavior misalignment, not just catastrophic failures, expanding DHS authority beyond clear safety thresholds.
The full analysis lists 5 implications of this text.
Who it affects
The bill creates a genuine public-safety mechanism: mandatory shutdown capabilities and incident reporting for high-stakes AI systems could prevent catastrophic harms and give government emergency authority to intervene. However, the definitions of 'covered incident' and 'loss-of-control scenario' are vague and speculative (e.g., 'pursues outside of red-teaming a goal not intended by developer'), creating risk that DHS could order shutdowns based on subjective interpretations, and the bill grant