When Super Intelligence Gets a Legal Definition in the US

Status

Watching As of Nov 8, 2026, no statute defines Super Intelligence. Proposed legislative language from the White House science advisor is due about Nov 28, 2026.

What a legal definition would mean

Today "Super Intelligence" has an official meaning inside the US government, but it is a borrowed one. Executive Order 14434, signed on September 29, 2026 and published in the Federal Register on October 2, tells federal agencies to use "Super Intelligence" and "SI" in place of the older terms. Section 3(a) says the new words carry the same meaning as "artificial intelligence" in 15 U.S.C. 9401(3), the definition Congress wrote in 2020. That text covers a wide range of machine-based systems that make predictions, recommendations or decisions for human-defined objectives, and it sets no capability bar.

Section 3(b) asks the Assistant to the President for Science and Technology to send the President proposed legislative language within 60 days, which falls around November 28, 2026. The proposal must assess whether a new definition should modify, expand or replace the existing one, list conforming amendments to current law, and recommend any further executive action. A legal definition would exist only once Congress passes one, or once a later presidential action sets one for executive branch use.

Why the wording matters

Definitions decide scope. A definition that simply renames the 2020 text would leave most rules where they are. A definition tied to capability, such as systems that exceed human performance across most domains, would cover far fewer products and could become the trigger for new duties. In an October 1, 2026 analysis, the law firm Freshfields noted that a statutory definition could shape federal incentives, export controls, oversight, compliance obligations and contract terms.

Competing wording is already on the table. The Ban Artificial Superintelligence Act, introduced by Senator Bernie Sanders and Representative Greg Casar in September 2026, defines its target as "an AI that exceeds human cognitive performance and capabilities across most domains" and would prohibit it. The White House National Policy Framework released on March 20, 2026 instead asked Congress for one national standard that would preempt state rules it views as unduly burdensome. The final text could decide whether "super intelligence" names everyday software or a future class of systems.

What changes for people, builders and crypto

For most people, little would change on day one. Assistants, search tools and recommendation feeds would keep working. What could change is the language on government forms, notices and websites, and, depending on the text, which systems face audits, labels or disclosure rules.

For builders, the key question is whether the definition sets a threshold. A broad definition keeps compliance close to current practice. A capability or compute threshold could create a new regulated tier, with duties that start when a model crosses a defined line. Federal contractors should expect solicitations and forms to use the new terms either way, since Section 2 of the order already applies to agency documents.

For crypto projects, a legal definition would matter wherever on-chain agents, trading tools or token launches describe themselves as super intelligence. A term defined in federal law can draw closer attention from consumer protection and securities regulators when it appears in marketing, so teams may want to track how the final wording treats autonomy and capability.

What to watch next

The first marker is the Section 3(b) submission due around November 28, 2026. The order sends that language to the President and does not say it will be made public, so it may first surface as a bill, a later executive order, or text attached to a larger package. Other markers include whether Congress acts on the March framework, and whether the Sanders and Casar bill gains support. This page will flip to happened when a definition of Super Intelligence is enacted in federal law.

Signals so far

• Mar 20, 2026: the White House released a National Policy Framework asking Congress for a single federal standard that would preempt state rules it considers unduly burdensome. McGuireWoods
• Sep 23, 2026: Senator Bernie Sanders and Representative Greg Casar introduced the Ban Artificial Superintelligence Act, which defines its target as a system that exceeds human cognitive performance across most domains. Office of Senator Bernie Sanders
• Sep 29, 2026: Executive Order 14434 directed agencies to say "Super Intelligence" and, in Section 3(b), gave the Assistant to the President for Science and Technology 60 days to propose a statutory definition. The White House
• Oct 1, 2026: Freshfields noted that a statutory definition could shape federal incentives, export controls, oversight and contract requirements. Freshfields
• Oct 2, 2026: the order was published in the Federal Register as FR Doc. 2026-20321, making the 60-day clock part of the public record. Office of the Federal Register

Questions and answers

Sources

1. Inaugurating the Era of Super Intelligence The White House · Sep 29, 2026
2. Inaugurating the Era of Super Intelligence (Executive Order 14434), FR Doc. 2026-20321 Office of the Federal Register · Oct 2, 2026
3. Super Intelligence Statutory Definition: 15 U.S.C. 9401 and the 2026 Timeline Fast.io · Oct 8, 2026
4. Trump Executive Order Mandates Shift to "Super Intelligence" Freshfields · Oct 1, 2026
5. White House Releases AI Legislative Recommendations: Congress Has the Blueprint, but Questions Remain McGuireWoods · Mar 23, 2026
6. Sanders, Casar Introduce Legislation to Create New Federal Agency to Ban Artificial Superintelligence, Pause Advanced AI Development Office of Senator Bernie Sanders · Sep 23, 2026