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119-s-3150119th CongressWALLET

GAIN AI Act of 2025

Sponsored By: Senator Banks, Jim [R-IN]

Introduced

Summary

This bill would create an export-control and priority-access system that _prioritizes U.S. access to advanced AI chips_ and restricts transfers of certain advanced integrated circuits to countries of concern. It pairs a licensing regime with required rights-of-first-refusal and a 'trusted United States person' path with security and ownership limits.

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  • Companies exporting or transferring covered circuits to countries of concern would have to certify that U.S. persons had a right of first refusal, provide a public notice period of at least 15 business days, show no current backlog, and attest no foreseeable production shortfall in the next 12 months. Missing the certification would lead to license denial.
  • U.S. buyers, cloud operators, and researchers would gain a formal chance to buy covered chips first, with protections against being deprioritized or denied favorable pricing or terms.
  • Exports, reexports, or in-country transfers to countries of concern would face stricter licensing and could be blocked unless sellers meet the certification and other safeguards.
  • A 'trusted United States person' exemption for exports to non-concern countries would be available but requires security controls, annual audits, a cap of 10 percent ownership by entities primarily in a country of concern, and limits on moving most processing performance offshore.
  • The Department of Commerce would have 90 days to seek input and issue implementing regulations and could update technical criteria after 36 months through public notice and comment.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

New chip export licenses and duties

This bill would require a license to export, reexport, or transfer certain advanced chips to countries of concern. It would define "advanced integrated circuit" by ECCN classes or numeric tests. Numeric tests include: total processing 4,800; 2,400 with density 1.6; 1,600 with density 3.2. It also includes DRAM or interconnect bandwidth thresholds: 1,400, 1,100, or combined 1,700 GB/s. Chips not designed or marketed for data centers would be excluded. Applicants must certify they offered U.S. persons a public right of first refusal. Public notice must give at least 15 business days to request purchase. Applicants must show no current backlog and no expected backlog or capacity drop for 12 months. If certification is missing, the license would be denied. The agency would write rules within 90 days and could add new tests after 36 months.

Trusted U.S. person designation and exemption

This bill would create a trusted United States person designation. The agency must write standards within 90 days. Standards include physical security, cybersecurity, and annual audits. Trusted firms could skip licenses when shipping to countries not of concern if the device stays under trusted U.S. ownership. The rules would bar moving a majority of covered processing performance abroad. No more than 10 percent ownership may be held by firms based in countries of concern. The standards would favor sourcing from U.S. production facilities.

Sponsors & CoSponsors

Sponsor

Banks, Jim [R-IN]

IN • R

Cosponsors

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 11/6/2025

  • Sen. Cotton, Tom [R-AR]

    AR • R

    Sponsored 11/6/2025

  • Sen. Schumer, Charles E. [D-NY]

    NY • D

    Sponsored 11/6/2025

  • Sen. McCormick, David [R-PA]

    PA • R

    Sponsored 11/6/2025

  • Sen. Coons, Christopher A. [D-DE]

    DE • D

    Sponsored 11/6/2025

Roll Call Votes

No roll call votes available for this bill.

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