President Trump signed Executive Order 14409 on June 2, 20261. The order gave agencies 60 days to build a review system for the most capable AI models. CBS News reported that the White House finalized that framework by the beginning of August2. Crypto's market-structure bill, the CLARITY Act, passed the House on July 17, 20253. On Oct. 19, 2026, 459 days after that vote, it still sits on the Senate calendar. A cloture vote on Sept. 15 drew 49 yeas, 11 short of the 60 it needed4. So the fast rulebook stays out of public view. The slow one is public, and unfinished.
Washington Wrote the AI Rules in 60 Days
CyberScoop's Derek B. Johnson counted fewer than 1,200 words in Trump's order5. Treasury, the National Security Agency and the Cybersecurity and Infrastructure Security Agency must "develop and maintain a classified benchmarking process"1. That test sets the line for a "covered frontier model". The NSA director makes the final call.
Developers then get a voluntary deal1. A company may give the government a covered model "for a period of up to 30 days" before release. Earlier drafts asked for 90 days, CyberScoop reported5. The order Trump signed also rules out a license. “Nothing in this section shall be construed to authorize the creation of a mandatory governmental licensing, preclearance, or permitting requirement for the development, publication, release, or distribution of new AI models, including frontier models,” it reads.
David Sacks was the first person to hold the White House's combined AI and crypto job, The Hill reported6. He left that job in March 2026 to co-chair a presidential science council. On X, Sacks called the cut to 30 days "a game changer"5. He wrote that the White House's description of the order is “completely consistent with the discussions that I have participated in, where it was agreed that the EO is intended to apply only to models that represent a meaningful step-change in cyber capabilities (eg Mythos), not to incremental version numbers of existing models”. His point: the review reaches a rare leap in cyber capability and leaves routine updates alone.
Both sides, in their own words
Is the faster rulebook the clearer one?
“These regulatory policies fall short of what we have to do, which is have a legislative solution”
“First, the draft in front of us would blow a hole in our securities laws that have protected investors since 1929. Most Americans don't want their pensions at risk so that a few crypto billionaires can juice their own profits”
The AI Rulebook Stays Out of Public View
On paper, the deadline held. According to Protect Democracy, a legal nonprofit, the White House says it finalized the framework on Aug. 18. Fortune's Beatrice Nolan reported a White House briefing on it in the first week of August7. OpenAI, Anthropic, Google, Meta and Nvidia attended, among others. Both the government and the companies may keep review results private, and even keep quiet about taking part, CBS News reported2.
Americans for Responsible Innovation, a Washington AI policy nonprofit, posted its objection on X. “This is not a handshake deal with tech companies. It's the rulebook for ensuring they don't endanger the public. If only tech companies know what's in the rulebook, it doesn't work,” the group wrote7.
Protect Democracy sued under the Freedom of Information Act on Sept. 1, in federal court in Washington825. On Sept. 15, the day of the Senate's CLARITY vote, government lawyers agreed to produce the framework's text by Oct. 30, 2026. Any part they withhold goes on an index by that date. That release date lands 90 days after the Aug. 1 deadline. Lawfare's Adam Conner reported the deal on Oct. 139. Sister publication AI Lately traced the order's first 138 days on Oct. 1810.
An executive order binds until a president revokes it. Trump showed how quickly that happens. His Executive Order 14148, signed Jan. 20, 2025, revoked the 2023 AI order, Executive Order 1411011. That order had stood for 448 days. Trump's own fact sheet says he "eliminated the Biden Administration's overreaching and harmful AI policies" on his return12. Sen. Mark Warner, a Virginia Democrat, called the order a course correction. “Once again, the Trump administration has belatedly discovered the need to redo something it hastily dismantled in its first year,” Warner said5.
Crypto's Market Bill Has Waited 459 Days
Rep. French Hill, an Arkansas Republican, introduced H.R. 3633 on May 29, 20253. The bill would have the SEC and the CFTC regulate the sale of digital commodities4. Representatives passed it 294 to 134 on July 17, 2025. Senators received it on Sept. 18, 2025.
Sen. John Boozman's Agriculture Committee advanced a CFTC bill on Jan. 29, 202613. “This is a critical step toward creating clear rules for digital asset markets,” Boozman said. Congress.gov lists that bill as S. 3755, reported on Feb. 214.
Senate Banking released its text on May 12, 202615. Sen. Cynthia Lummis chairs its digital assets subcommittee. She said the text “represents nearly a year of bipartisan, blood, sweat, and tears that brings us one step closer to giving this industry the clarity it deserves”. The committee voted to send H.R. 3633 to the floor on May 143. Chairman Tim Scott reported it on June 1.
A cloture motion went in on Aug. 8, 20263. Cloture is the 60-vote step that ends debate. On Sept. 15, the motion to take up the bill drew 49 yeas and 50 nays4. Four Republicans voted nay: Susan Collins, Josh Hawley, Jerry Moran and Thom Tillis. Tillis switched to nay for procedural reasons, Decrypt's Jason Nelson reported16. He then entered a motion to reconsider. Senate leaders could still bring the bill back for another vote, Decrypt reported. "It's over," Lummis said on Sept. 15.
The Sept. 15 vote came 425 days after House passage on July 17, 202534. Congress.gov still shows the Sept. 15 entry as the last action, read on Oct. 19.
CLARITY reached a Senate vote 425 days after House passage and lost it, Sept. 15, 2026
Dated steps of the CLARITY Act, H.R. 3633, from its introduction to the Senate cloture vote
Read the chart as a table
| Date | Event |
|---|---|
| May 29, 2025 | Hill introduces the bill. Rep. French Hill, an Arkansas Republican, files H.R. 3633 |
| July 17, 2025 | House passes it, 294-134 |
| Sept. 18, 2025 | Senate receives it. Referred to the Senate Banking Committee |
| Jan. 29, 2026 | Ag panel's bill advances. Sen. John Boozman's Agriculture Committee advances its CFTC bill, later listed as S. 3755 |
| May 14, 2026 | Banking panel backs it. Senate Banking votes to send H.R. 3633 to the floor |
| Aug. 8, 2026 | Cloture motion filed |
| Sept. 15, 2026 | Cloture vote lost, 49-50. The motion to take up the bill drew 49 yeas and 50 nays, with 60 needed; Sen. Thom Tillis then entered a motion to reconsider |
Crypto Got Its Stablecoin Law in 78 Days
One crypto law did move fast. Sen. Bill Hagerty, a Tennessee Republican, introduced the GENIUS Act, S. 1582, on May 1, 202517. Its first cloture vote lost 48 to 49 on May 8. A second try passed 66 to 32 on May 19, 11 days later. Senators passed the bill 68 to 30 on June 17. The House followed, 308 to 122, on July 17. President Trump signed it on July 18, 2025. That is 78 days from filing to law.
The House passed CLARITY and GENIUS within 24 minutes of each other on the afternoon of July 17317. GENIUS became law on July 18, the next day. CLARITY was still pending on Oct. 19, 2026, 459 days later.
CLARITY has waited 459 days since House passage; the AI order took 60, as of Oct. 19, 2026
Days from each starting date to a rulebook, or to Oct. 19, 2026 for the CLARITY Act
Sources: Federal Register [1]; Congress.gov [3]; Congress.gov [17].
Read the chart as a table
| Item | Value | Note |
|---|---|---|
| CLARITY: House vote to Oct. 19 | 459 days | From House passage on July 17, 2025, to Oct. 19, 2026, still pending in the Senate |
| GENIUS Act: bill filed to law | 78 days | From S. 1582's introduction on May 1, 2025, to its signing on July 18, 2025 |
| AI order: signing to deadline | 60 days | From Executive Order 14409's signing on June 2, 2026, to its Aug. 1 framework deadline |
Both bills lost a first cloture vote, 48 to 49 for GENIUS and 49 to 50 for CLARITY174. CLARITY's wait for a second vote stands at 34 days, as of Oct. 193. Senate Majority Leader John Thune called CLARITY the "next logical step" after GENIUS, CBS News's Kaia Hubbard reported18. “The only reason for this progress to end now would be if the Democrats choose politics over good policy,” Thune said.
GENIUS got a second cloture vote in 11 days; CLARITY has waited 34, as of Oct. 19, 2026
Days from a lost first cloture vote to a second cloture vote, through Oct. 19, 2026
- CLARITY Act: 34 days
- GENIUS Act: 11 days
Read the chart as a table
| Item | Value | Note |
|---|---|---|
| GENIUS Act | 11 days | Lost 48 to 49 on May 8, 2025; won 66 to 32 on May 19, 2025 |
| CLARITY Act | 34 days | Lost 49 to 50 on Sept. 15, 2026; still waiting for a second vote on Oct. 19, 2026 |
The SEC and CFTC Write Crypto Rules in Public
Regulators have since written crypto rules anyone can read. On March 17, 2026, the SEC issued an interpretation of how securities law treats crypto assets19. Michael Selig's CFTC joined it. The interpretation sorts tokens into five kinds: "digital commodities, digital collectibles, digital tools, stablecoins, and digital securities". SEC Chairman Paul Atkins framed it as a stopgap. “This effort serves as an important bridge for entrepreneurs and investors as Congress works to advance bipartisan market structure legislation, which I look forward to implementing with Chairman Selig in the near future,” he said. He said it on March 17, 182 days before the Sept. 15 cloture vote fell short.
On Aug. 18, the SEC proposed "Regulation Crypto Assets"20. One exemption would allow offerings of up to $5 million over four years. A second would allow up to $75 million every 12 months. Comments close on Oct. 20, 2026, the Federal Register shows24.
Scott now points crypto at those agencies. “We moved the ball forward, and now it's time for the SEC and CFTC to set clear rules of the road for digital assets until Congress legislates,” he said in a Sept. 15 statement21. His last three words, "until Congress legislates," set an end date on the agency rules he asked for.
Congress Now, or a Better Bill Later?
French Hill now chairs the House Financial Services Committee. He gave the agencies credit in a Fox Business interview, Benzinga's Khyathi Dalal reported on Oct. 1222. “These regulatory policies fall short of what we have to do, which is have a legislative solution,” Hill said. He still hopes to pass the bill in the lame-duck session after November's midterm elections. “We need that permanent law change to make sure America is number one in digital assets and blockchain technology,” he said.
The key word is permanent. CFTC Chairman Michael Selig favors a law for the same reason: it is harder for a future administration to reverse, Decrypt reported16. An executive order carries the same risk, as the 448-day life of Executive Order 14110 showed11.
Sen. Elizabeth Warren of Massachusetts, the Banking Committee's top Democrat, argues against this bill. At the May 14 markup, she said colleagues had asked for a public hearing, and "we have never had a single hearing on this bill"23. “First, the draft in front of us would blow a hole in our securities laws that have protected investors since 1929. Most Americans don't want their pensions at risk so that a few crypto billionaires can juice their own profits,” Warren said. On the floor before the Sept. 15 vote, she said she believes “we can get crypto legislation that both Republicans and Democrats can agree on — but not this bill”18.
Read closely, her complaint covers process as much as text. She wanted a public hearing on crypto. AI's critics want a public rulebook. Hill's case needs 60 senators in a lame-duck session, then a House vote on the Senate's changed text16. Warren's case needs a later Congress to pass a stronger bill with votes from both parties18.
By the numbers
- Executive Order 14409 gave agencies 60 days, from June 2, 2026, to build its AI framework1.
- Since the House voted for the CLARITY Act on July 17, 2025, 459 days have passed, counted to Oct. 19, 20263.
- GENIUS took 78 days from its May 1, 2025, filing to its July 18 signing17.
- Cloture on CLARITY drew 49 yeas and 50 nays on Sept. 15, 2026, with 60 yeas needed4.
- President Trump revoked the 2023 AI order, Executive Order 14110, after it had stood 448 days11.
What to watch
Two dates land this month. Your last day to comment on the SEC's Regulation Crypto Assets is Oct. 2024. The AI framework's text is due Oct. 30 in case 1:26-cv-03064, with a joint status report proposed for Nov. 1325. After the midterms, watch for Senate leaders to call up Tillis's motion to reconsider, and count the yeas316. A second cloture vote with 60 yeas would settle Hill's case, and a new bill with Democratic cosponsors would settle Warren's.
Sources
- The President, "Executive Order 14409 of June 2, 2026: Promoting Advanced Artificial Intelligence Innovation and Security," Federal Register, June 5, 2026, https://www.federalregister.gov/documents/2026/06/05/2026-11415/promoting-advanced-artificial-intelligence-innovation-and-security
- Kathryn Watson and Olivia Rinaldi, "White House framework for testing AI models remains hidden as concerns about threats mount," CBS News, Sept. 10, 2026, https://www.cbsnews.com/news/ai-model-framework-white-house/
- Library of Congress, "H.R.3633, Digital Asset Market Clarity Act: all actions," Congress.gov, read Oct. 19, 2026, https://www.congress.gov/bill/119th-congress/house-bill/3633/all-actions
- Senate bill clerk, "Roll Call Vote 119th Congress, 2nd Session, Vote Number 234: On Cloture on the Motion to Proceed (Motion to Proceed to H.R. 3633)," United States Senate, Sept. 15, 2026, https://www.senate.gov/legislative/LIS/roll_call_votes/vote1192/vote_119_2_00234.htm
- Derek B. Johnson, "Trump administration releases scaled-back AI executive order," CyberScoop, June 2, 2026, https://cyberscoop.com/donald-trump-white-house-ai-executive-order-scaled-back/
- Miranda Nazzaro, "David Sacks says he's no longer White House AI, crypto czar," The Hill, via Yahoo News, March 27, 2026, https://www.yahoo.com/news/articles/david-sacks-says-no-longer-142154069.html
- Beatrice Nolan, "Washington is keeping its AI rulebook private. Smaller AI labs aren't happy.," Fortune, Aug. 6, 2026, https://fortune.com/2026/08/06/washington-is-keeping-its-ai-rulebook-private-smaller-ai-labs-arent-happy/
- Protect Democracy, "Uncovering the Trump administration's secret rules for AI model release," Protect Democracy, Sept. 2, 2026, https://protectdemocracy.org/work/uncovering-the-trump-administrations-secret-rules-for-ai-model-release/
- Adam Conner, "The Many Open Questions About the Trump Administration's New De Facto AI Model Licensing System," Lawfare, Oct. 13, 2026, https://www.lawfaremedia.org/article/the-many-open-questions-about-the-trump-administration-s-new-de-facto-ai-model-licensing-system
- Ryan Elliott Dennis, "Washington Keeps Its AI Review Rules Secret," AI Lately, Oct. 18, 2026, https://ailately.com/articles/washington-keeps-ai-review-rules-secret
- The President, "Executive Order 14148 of January 20, 2025: Initial Rescissions of Harmful Executive Orders and Actions," Federal Register, Jan. 28, 2025, https://www.federalregister.gov/documents/2025/01/28/2025-01901/initial-rescissions-of-harmful-executive-orders-and-actions
- The White House, "Fact Sheet: President Donald J. Trump Promotes Advanced Artificial Intelligence Innovation and Security," The White House, June 2, 2026, https://www.whitehouse.gov/fact-sheets/2026/06/fact-sheet-president-donald-j-trump-promotes-advanced-artificial-intelligence-innovation-and-security/
- Majority press office, "Boozman Leads Ag Committee in Advancing Crypto Market Structure Legislation," U.S. Senate Committee on Agriculture, Nutrition, and Forestry, Jan. 29, 2026, https://www.agriculture.senate.gov/newsroom/rep/press/release/boozman-leads-ag-committee-in-advancing-crypto-market-structure-legislation
- Library of Congress, "S.3755, Digital Commodity Intermediaries Act: all actions," Congress.gov, read Oct. 19, 2026, https://www.congress.gov/bill/119th-congress/senate-bill/3755/all-actions
- Majority press office, "Chairman Scott, Senators Lummis, Tillis Release Market Structure Bill Text Ahead of Banking Committee Markup," U.S. Senate Committee on Banking, Housing, and Urban Affairs, May 12, 2026, https://www.banking.senate.gov/newsroom/majority/chairman-scott-senators-lummis-tillis-release-market-structure-bill-text-ahead-of-banking-committee-markup
- Jason Nelson, "Clarity Act Stalls in Senate as Crypto Bill Fails to Clear Key Vote," Decrypt, Sept. 15, 2026, https://decrypt.co/378283/clarity-act-fails-senate-hurdle
- Library of Congress, "S.1582, GENIUS Act: all actions," Congress.gov, read Oct. 19, 2026, https://www.congress.gov/bill/119th-congress/senate-bill/1582/all-actions
- Kaia Hubbard, "Senate fails to advance Clarity Act amid Democratic concerns about crypto bill," CBS News, Sept. 15, 2026, https://www.cbsnews.com/news/senate-fails-to-advance-clarity-act-amid-democratic-concerns-about-crypto-bill/
- SEC Office of Public Affairs, "SEC Clarifies the Application of Federal Securities Laws to Crypto Assets," U.S. Securities and Exchange Commission, March 17, 2026, https://www.sec.gov/newsroom/press-releases/2026-30-sec-clarifies-application-federal-securities-laws-crypto-assets
- SEC Office of Public Affairs, "SEC Proposes New Regulation Crypto Assets," U.S. Securities and Exchange Commission, Aug. 18, 2026, https://www.sec.gov/newsroom/press-releases/2026-76-sec-proposes-new-regulation-crypto-assets
- Majority press office, "Scott Statement on Clarity Act Vote," U.S. Senate Committee on Banking, Housing, and Urban Affairs, Sept. 15, 2026, https://www.banking.senate.gov/newsroom/majority/scott-statement-on-clarity-act-vote
- Khyathi Dalal, "Can the CLARITY Act Make A Comeback? Rep. French Hill Says Maybe," Benzinga, via Yahoo Finance, Oct. 12, 2026, https://finance.yahoo.com/markets/crypto/articles/clarity-act-comeback-rep-french-153008575.html
- Minority press office, "Senator Warren Opening Remarks at Committee Mark Up of the Clarity Act," U.S. Senate Committee on Banking, Housing, and Urban Affairs, May 14, 2026, https://www.banking.senate.gov/newsroom/minority/senator-warren-opening-remarks-at-committee-mark-up-of-the-clarity-act
- Securities and Exchange Commission, "Regulation Crypto Assets," Federal Register, Aug. 21, 2026, https://www.federalregister.gov/documents/2026/08/21/2026-17183/regulation-crypto-assets
- Robert J. Morris II and Michael P. Abate, "Joint Status Report, The Protect Democracy Project, Inc. v. Office of the National Cyber Director, Civil Action No. 1:26-cv-03064 (ACR)," U.S. District Court for the District of Columbia, Sept. 15, 2026, https://protectdemocracy.org/wp-content/uploads/2026/09/2026.09.15_PDP_v_ONCD_JSR.pdf