The AI Kill Switch Act (H.R.9917) — requiring that covered technology be kept shuttable, with the definitions rewritten every year
A bill amending the Homeland Security Act of 2002 to require covered entities to maintain a technical capability for shutting down covered technology. What distinguishes it is that the scope is not fixed in statute: the Secretary updates the definitions by rule within 90 days of enactment and annually thereafter.
Bill overview (primary data)
- Bill numberH.R. 9917
- TypeHouse Bill
- Congress119th Congress
- Latest actionReferred to the Subcommittee on Cybersecurity and Infrastructure Protection.(2026-07-24)
Key points
- A bill amending the Homeland Security Act of 2002 to require covered entities to maintain a technical capability for shutting down covered technology.
- The definitions of covered entity and covered technology are not fixed in statute; the Secretary updates them by rule within 90 days of enactment and annually thereafter.
- Factors include undue burden on small business concerns, AI capabilities bearing on national security (cyber, chemical, biological, radiological, nuclear), and the manner in which model weights are made available.
- Introduced in the House on 2026-07-23 and referred to the Committee on Homeland Security, then to the Subcommittee on Cybersecurity and Infrastructure Protection.
- Of the 114 AI-related bills this site holds as of 2026-08-31, 91 (eight in ten) are stalled at referral to committee, and none in the record have become law.
- Covered entities and technologies are not fixed in statute but updated by rule within 90 days and annually thereafter.
1Requiring the ability to stop, as a capability
Regulating AI usually turns into deciding what may be built and what it may be used for. What this bill asks for is neither: it asks that whatever is running can be stopped. Framing the obligation as maintaining a technical capability to shut down is not an evaluation of performance or purpose but a demand that a route out remain open in the worst case.
It places the guarantee of safety in reversibility after the fact rather than in review beforehand.
2A design that keeps the definitions out of the statute
The other striking feature is that the bill does not settle in statutory text what falls within scope. The definitions of covered entity and covered technology are updated by rule within 90 days of enactment and annually thereafter. In a field whose substance changes year to year, writing a concrete line into law means the line is already outdated once the law passes.
That the factors expressly include the manner in which model weights are made available reads as recognition that how something is released changes what shutting it down even means. The flip side is that scope rests with administrative discretion and can move from year to year.
3This bill sits with the 80 percent
Sorting the latest action across the 114 US AI-related bills this site holds as of 2026-08-31, 91 — eight in ten — are stalled at referral to committee. Fourteen have reached the point where a committee ordered them reported, two have been placed on a calendar, and none in the record have become law. This bill stands at referral to a committee and then a subcommittee.
Because most bills introduced in the United States end a Congress without being taken up in committee, introduction alone says nothing about the odds of enactment. What can be read at the moment of introduction is which questions are being put on the table.
4Not fixing the definition in statute
The other thing that stands out is that the bill does not settle what is covered in the statutory text. The definitions of covered entity and covered technology are updated by rule.
Where the substance of a technology changes on a yearly scale, writing a concrete line into statute leaves it dated on enactment. That how model weights are made available appears among the factors to consider reads as recognition that publication changes what shutting something down even means.
What the bill requires is not what may be built but that what is running can be stopped — placing the guarantee of safety in reversibility after the fact rather than review before it.
Why it matters
Debate over AI regulation concentrates on review before anything is built. This bill asks whether what has been set running can be stopped, which reaches both design and operations. Definitions refreshed annually mean that for a company, being out of scope this year does not mean being out of scope next year, which changes how compliance planning has to work.
FAQ
What does a capability to shut down require?
Why leave the definitions out of the law?
Is this bill likely to pass?
Sources (primary)
Source: Congress.gov (Library of Congress; U.S. legislative materials, public domain). Links go to the official site.
- Congress.gov (bill page, original)
- H.R. 9917(119th Congress)