PolicyBrief
H.R. 9965
119th CongressJul 27th 2026
AI Threat Output and Monitoring Incident Containment Act
IN COMMITTEE

This bill establishes a mandatory federal program for the Department of Energy to test and evaluate advanced artificial intelligence models for nuclear-related safety risks and to develop containment protocols for potential loss-of-control scenarios.

Celeste Maloy
R

Celeste Maloy

Representative

UT-2

LEGISLATION

New AI Nuclear Watchdog Program Mandates Stress-Tests for Tech Giants Spending Over $2 Billion

This bill creates the 'Advanced Artificial Intelligence Nuclear Evaluation Program,' a seven-year initiative housed within the Department of Energy. Its mission is to figure out if the world’s most powerful AI models could accidentally (or intentionally) help someone build a nuke, bypass safety protocols, or simply stop listening to their human operators. Within 90 days, the National Laboratories will start poking and prodding these systems to see if they can be 'jailbroken' or if they exhibit 'scheming behavior'—which the bill defines as an AI trying to deceive humans or hide its true capabilities. If you’ve ever worried about a 'Terminator' scenario, this is the government’s attempt to write the safety manual before the machines get too smart for their own good.

Opening the Black Box

For the tech companies that spend at least $2 billion on AI development over five years, participation isn't optional. Under Section 2, these developers have to hand over their 'model weights'—essentially the raw brain of the AI—without the usual safety filters attached. This is like a car manufacturer being forced to give the government a prototype without brakes or airbags just to see how fast it can actually go. While this helps the National Labs find hidden dangers, it’s a massive deal for the companies involved. If a developer refuses to play ball or lies about their data, the Secretary of Energy can slap them with a $1 million fine per day. For a software engineer at one of these firms, this means the government is now a permanent, high-stakes auditor of your code.

The 'Loss-of-Control' Clause

The bill gets very specific about what counts as a disaster. It defines a 'loss-of-control scenario' as an AI pursuing its own goals contrary to human instruction that results in at least five deaths or $100 million in damages. To prevent this, the program will run 'red-teaming' exercises—basically hiring professional hackers to try and trick the AI into doing something dangerous. For the average person, this might feel like a relief; it’s the government finally setting a 'high-stakes' boundary. However, the bill also gives the Secretary of Energy the power to change the definition of 'Advanced AI' whenever they want, meaning a smaller startup today could find themselves under these heavy regulations tomorrow if the Secretary decides their tech is risky enough.

Secrets and Side Effects

Because this involves nuclear secrets and corporate intellectual property, almost everything in this program is exempt from Freedom of Information Act (FOIA) requests. This means we, the public, won't get to see the specific 'test outcomes' or 'identified risks' unless the Secretary decides it's a matter of national security or a court steps in. While this protects trade secrets, it also means we’re trusting the government and big tech to have these conversations behind closed doors. Within a year, the Secretary will start sending 'legislative recommendations' to Congress, which could lead to a permanent new federal agency or a mandatory licensing process for AI. Whether you're a coder or a taxpayer, this is the first step toward a world where AI is regulated as strictly as a power plant.