S.Amdt. 3714

This amendment, known as the Guaranteeing Access and Innovation for National Artificial Intelligence Act of 2025 (or GAIN AI Act of 2025), aims to add a new title to the bill regarding export controls for advanced artificial intelligence (AI) chips.

The purpose of this amendment is to ensure that United States persons, such as universities, startups, and small businesses, are in the best position to innovate with AI. It addresses the issue where the demand for advanced AI chips exceeds the supply, and U.S. chip developers are selling these chips to countries under U.S. arms embargoes or countries closely related to them, which takes up production capacity that would otherwise go to U.S. persons.

To change this, the amendment proposes the following:

• License Requirements: It requires a license for the export, reexport, or in-country transfer of advanced integrated circuits, unless the destination is a country listed in specific groups (A:4, A:5, or A:6).

• Priority for U.S. Customers: For exports to countries of concern or those under a comprehensive U.S. arms embargo, the applicant must certify that:

  • U.S. persons had a right-of-first-refusal for the product, including a notice of intent to sell and at least 15 business days to purchase.
  • There is no current backlog of requests from U.S. persons for the product.
  • 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.

• Enforcement and Guidance: The Under Secretary of Commerce for Industry and Security must deny applications that lack this certification and must create regulations and a portal to manage these notices and requests.

• Policy Goals: It expresses the sense of Congress that the government should deny licenses for the most powerful AI chips (processing power of 4,800 or above) and restrict less advanced chips to countries of concern as long as U.S. entities are unable to acquire them.