CONGRESS FOR VOTERS

RepublicanAmendment · S.Amdt. 3505· Senate(119-SAMDT-3505)

S.Amdt. 3505

Rep. Banks
Age: 47 years
Indiana
Introduced
8/1/2025
Sponsored by
Jim Banks
Cosponsors
None
Changes bill
119-S-2296 — National Defense Authorization Act for Fiscal Year 2026
  1. Introduced
  2. Pending Consideration

What this amendment would do

Mr. Banks submitted an amendment to bill S. 2296, known as the Guaranteeing Access and Innovation for National Artificial Intelligence Act of 2025 or the GAIN AI Act of 2025. The purpose of this amendment is to add a new title regarding export controls for advanced artificial intelligence chips.

The amendment aims to change the bill by adding the following:

  • Sense of Congress: It states that U.S. policy should ensure U.S. persons, such as startups, small businesses, and universities, can innovate with AI. It notes that demand for AI chips exceeds supply, causing U.S. persons to wait months for them, while U.S. developers sell these chips to countries under U.S. arms embargoes or countries close to them. It suggests the Department of Commerce should deny licenses for chips with a total processing power of 4,800 or above and restrict exports when U.S. entities are unable to acquire those same chips.

  • Export License Requirements: The amendment would require a license for the export, reexport, or in-country transfer of advanced integrated circuits or products containing them.

  • Certification Requirements: For licenses involving a country of concern, applicants must certify that:

    • U.S. persons had a right-of-first-refusal for the product.
    • There is no current backlog of requests from U.S. persons.
    • The export will not create a backlog or reduce production capacity for U.S. persons.
    • Foreign persons are not receiving better pricing or terms than U.S. persons.
    • The product will not be used by foreign persons to compete with U.S. persons outside the foreign persons' domestic home market.

  • Enforcement: If the required certification is not provided, the Secretary must deny the application.

  • Definitions: It defines advanced integrated circuit based on specific processing performance, performance density, and bandwidth thresholds. It defines a country of concern as a country under a comprehensive U.S. arms embargo or one that the Director of National Intelligence assesses is hosting (or intends to host) a military or intelligence facility associated with such a country.