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119-hr-5885119th CongressWALLET

GAIN AI Act of 2025

Sponsored By: Representative Moolenaar, John R. [R-MI-2]

Introduced

Summary

This bill would tighten U.S. export controls on advanced integrated circuits to countries of concern. It would require licenses for certain chip exports and give U.S. buyers a right of first refusal, while allowing narrow exemptions for vetted U.S. companies.

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  • U.S. chipmakers and U.S. buyers: Companies exporting or selling covered advanced integrated circuits to entities tied to countries of concern would need a Commerce license and must certify they offered a right of first refusal to U.S. persons. Applicants without that certification must be denied.
  • Foreign entities in countries of concern: Covered chips or products that meet technical thresholds could be blocked or delayed by the new licensing rule. Covered thresholds include total processing performance of 4,800 or more and other performance-density and bandwidth measures.
  • Trusted U.S. persons: Exports can proceed without a license if the buyer is designated a trusted U.S. person that meets rules such as annual audits and a cap of no more than 10 percent ultimate beneficial ownership by entities primarily resident in a country of concern.

The Commerce Department must publish implementing regulations within 120 days that set notice, recordkeeping, and enforcement rules.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Defines covered chips and countries

If enacted, the bill would define which advanced chips are covered. It would include items in certain export categories (like 3A090 or 4A090) and chips meeting numeric tests, such as total processing performance of 4,800+, 2,400+ with density 1.6+, or 1,600+ with density 3.2+, and bandwidth tests like 1,400 GB/s DRAM, 1,100 GB/s interconnect, or 1,700 GB/s combined. Commerce could add new technical tests starting 24 months after enactment after public notice and comment. Only products designed or marketed for data centers would be covered; others would be excluded. Countries of concern would include those in Country Groups D:5 or E, plus Macau and Hong Kong.

Licenses and U.S. first dibs on chips

If enacted, exporters of certain advanced chips would need a Commerce license to sell to entities tied to countries of concern. Applicants would have to certify they offered U.S. persons a right of first refusal, or the license would be denied. The right would need at least 15 days of public notice, and a U.S. buyer who takes material steps within 15 business days would get preference on the offered terms. Exporters could not have a U.S. backlog, could not reasonably foresee one within 12 months, and could not give foreign buyers better prices or terms. If more than one U.S. buyer asks, officials would not be allowed to pick winners. Within 120 days, Commerce would set procedures, public notice rules, recordkeeping, penalties for misstatements, and guidance on material steps, backlogs, capacity, and pricing fairness. A backlog would mean a documented U.S. request or contract that cannot be filled in normal lead times, and material information would include what firms tell investors or file publicly.

Trusted U.S. firms get export break

If enacted, some exports of covered chips to non‑concern countries would not need a license if the item stays owned and controlled by a designated trusted U.S. person. The exemption would last only while that ownership and control remain and the destination is not a country of concern. Within 120 days, Commerce would set how to qualify as a trusted U.S. person. Standards would include strong physical and cybersecurity, keeping most total processing performance in the U.S., no more than 10% ultimate ownership from entities in countries of concern, and annual audits.

Sponsors & CoSponsors

Sponsor

Moolenaar, John R. [R-MI-2]

MI • R

Cosponsors

  • Rep. Krishnamoorthi, Raja [D-IL-8]

    IL • D

    Sponsored 10/31/2025

  • Rep. Moran, Nathaniel [R-TX-1]

    TX • R

    Sponsored 11/12/2025

  • Rep. Gottheimer, Josh [D-NJ-5]

    NJ • D

    Sponsored 11/17/2025

  • Rep. Crawford, Eric A. "Rick" [R-AR-1]

    AR • R

    Sponsored 11/18/2025

Roll Call Votes

No roll call votes available for this bill.

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