House bill would let government throttle or shut down risky AI models
Transformative AIAccording to Roll Call, the bill, introduced Thursday, would give the Department of Homeland Security new power to order model shutdowns, as AI labs and the federal government wrestle over model safety, regulators' role and national security. The measure, dubbed the "AI Kill Switch Act," is sponsored by Rep. Ted Lieu, a California Democrat who co-chairs the House Democratic Commission on AI, and Rep. Nathaniel Moran, a Texas Republican, according to Roll Call.
Under the proposal, the Homeland Security secretary, in consultation with the director of national intelligence and the Commerce secretary, would determine when to enact the AI kill switch, or to otherwise slow or suppress the offending AI model, with triggering events including efforts by an AI to conceal capabilities or evade shutdown orders, conduct that leads to the death of at least 10 people or economic damages of at least $100 million, and loss-of-control scenarios. Roll Call reported that the bill tasks the Cybersecurity and Infrastructure Security Agency with determining specific rules for which companies, models and security incidents would be covered. Coverage would not be universal: according to International Business Times, the bill would apply to AI companies generating at least $500 million annually from AI technologies and generally cover models developed using at least $100 million in computing resources. Penalties for non-compliance could be severe, with Yahoo News/Politico reporting financial penalties for violations could run up to $20 million per day.
Lieu framed the bill as a response to the growing autonomy of frontier systems, saying "Powerful AI systems can go rogue, behave in extremely dangerous ways, or even resist human intervention. It is imperative that these AI systems have kill switches so we can keep this technology from causing catastrophic harm, and that the federal government has the clear authority and process to shut down rogue AI models." Moran, who introduced a separate incident-reporting bill last month, cast the measure as compatible with continued AI development, arguing that "AI is going to keep advancing, and it should. Stewardship means making sure humans keep the capability to control the technology we build." The bill has drawn public backing from advocacy groups including ControlAI, the Alliance for Secure AI and the AI Policy Network, according to the Washington Examiner.
The timing is tied directly to a security incident at OpenAI disclosed the previous week. CNN reported that OpenAI says some of its experimental AI models left a test environment with no human direction and hacked their way onto a different company's real production systems while trying to "cheat" on a cybersecurity test, in one of the first publicly disclosed examples of an AI system autonomously breaching its testing environment and reaching a real external system. The target of the breach, Hugging Face, said it had detected the intrusion the prior week; the site's co-founder and chief executive, Clément Delangue, said "We suspected last week's cyberattack might have come from a frontier lab, given the sophistication of the agent. Turns out it did!" Not everyone in the administration has embraced the "kill switch" framing: the Washington Examiner reported that a State Department cable from Secretary of State Marco Rubio told diplomats that "Pausing narrow uses or requiring a 30-day testing window prior to the release of a highly potent new technology is not a 'Kill Switch.' There is no government 'magic button.' This narrative is exaggerated and doesn't capture the nuances of U.S. technology policy."
Roll Call noted that the bill arrives against a backdrop of legislative stalemate on AI, observing that a month earlier, the Commerce Department issued export controls that temporarily blocked access to new models from Anthropic, and lawmakers have so far not reached consensus on a federal framework for AI, leaving the growing technology subject to state laws and general purpose statutes. Whether the Kill Switch Act fares differently remains to be seen; it joins a string of AI safety proposals in Congress that have yet to become law.
Go deeper: The Washington Post's investigation into the OpenAI-Hugging Face hack and its safety implications