GAIN AI Act of 2025

Priority Access to Technology: United States persons are given a right of first refusal to purchase covered circuits or products before they are sold to entities in countries of concern (Section 1758A(c)(1)(A)).

Fair Pricing: The bill prevents companies from giving foreign persons pricing or terms that are more advantageous than those offered to United States persons (Section 1758A(c)(1)(B)(iii)).

Protection of Production Capacity: The act requires certification that exports will not reduce critical production capacity for United States persons (Section 1758A(c)(1)(B)(ii)(II)).

Support for Domestic Manufacturing: There is a preference for sourcing chips and subcomponents from facilities that help revive semiconductor manufacturing within the United States (Section 1758A(d)(2)(B)(iv)).

Export Restrictions: Entities headquartered in or parented by companies in countries of concern face strict license requirements for acquiring covered circuits or products (Section 1758A(b)).

Strict Ownership Limits for Trusted Status: To be a "trusted United States person," an entity cannot have more than 10 percent beneficial ownership from entities in countries of concern (Section 1758A(d)(2)(B)(iii)).

Operational Constraints: Trusted United States persons are prohibited from installing a majority of their total processing performance of covered circuits outside the United States (Section 1758A(d)(2)(B)(ii)).