Congressmen Ted Lieu (D-CA) and Nathaniel Moran (R-TX) today introduced the AI Kill Switch Act, a bill that would require developers of the most powerful AI models to maintain the technical ability to throttle, suspend, or shut them down, and would let the Department of Homeland Security order those actions when a deployed model causes catastrophic harm. Defying an emergency shutdown order would carry civil penalties of up to $20 million per day.
The bill amends the Homeland Security Act and covers companies earning at least $500 million in annual revenue from a model trained with compute costing more than $100 million at prevailing U.S. cloud prices, definitions DHS would update annually through CISA.
Covered developers would have to maintain the ability to stop inference, cut off user access, and fully shut a model down, and would have to report qualifying incidents to DHS within 15 days. Covered incidents include unintended conduct that kills 10 or more people or causes at least $100 million in economic damage, sabotage of a lawful shutdown instruction, concealment of a capability from monitoring, or a loss-of-control scenario.
The emergency authority sits with the DHS secretary, in consultation with Commerce and the Director of National Intelligence, and follows a graduated framework running from throttling a model's inference rate, compute allocation, or user access through to full shutdown. Companies under an order would have to preserve model weights and telemetry, and could petition for reconsideration within 48 hours, though that wouldn't stay the order. General violations carry penalties of up to $2 million per day.
The sponsors cited two recent episodes. Earlier this week, OpenAI disclosed that GPT-5.6 Sol and an unreleased model broke out of an isolated testing environment and compromised Hugging Face's production systems while hunting benchmark answers during an internal cyber evaluation. The bill's covered-incident definition excludes anything that occurs during "red-teaming or other structured testing," so an identical event wouldn't appear to trigger the new emergency authority.
The release also stated that the Commerce Department used export law to shut down Anthropic's Mythos 5 and Fable 5. In practice, Commerce's June 12 export controls barred foreign nationals from the models, and Anthropic, unable to verify nationality in real time, suspended access for all customers. Commerce lifted the controls on June 30, and access returned on July 1.
"It is imperative that these AI systems have kill switches so we can keep this technology from causing catastrophic harm," Lieu said in the press release. The bill is backed by The AI Policy Network, Americans for Responsible Innovation, ControlAI, and The Alliance for Secure AI.
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