No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3150 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3150
To require entities seeking a license to export advanced artificial
intelligence chips to countries of concern to certify that United
States persons have priority in acquiring those chips.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 6, 2025
Mr. Banks (for himself, Ms. Warren, Mr. Cotton, Mr. Schumer, Mr.
McCormick, and Mr. Coons) introduced the following bill; which was read
twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
A BILL
To require entities seeking a license to export advanced artificial
intelligence chips to countries of concern to certify that United
States persons have priority in acquiring those chips.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guaranteeing Access and Innovation
for National Artificial Intelligence Act of 2025'' or the ``GAIN AI Act
of 2025''.
SEC. 2. PROHIBITION ON PRIORITIZING COUNTRIES OF CONCERN OVER UNITED
STATES PERSONS FOR EXPORTS OF ADVANCED INTEGRATED
CIRCUITS.
Part I of the Export Control Reform Act of 2018 (50 U.S.C. 4811 et
seq.) is amended by inserting after section 1758 the following:
``SEC. 1758A. CONTROL OF EXPORTS OF ADVANCED INTEGRATED CIRCUITS.
``(a) Definitions.--In this section:
``(1) Advanced integrated circuit.--
``(A) In general.--Subject to subparagraph (B), the
term `advanced integrated circuit' means--
``(i) an integrated circuit, computer, or
other product--
``(I) classified under Export
Control Classification Number 3A090 or
4A090 or related Export Control
Classification Numbers; or
``(II) that is functionally
equivalent or substantially similar to
a circuit, computer, or product
described in subclause (I); or
``(ii) an integrated circuit that has one
or more digital processing units with--
``(I) a total processing
performance of 4,800 or more;
``(II) a total processing
performance of 2,400 or more and a
performance density of 1.6 or more;
``(III) a total processing
performance of 1,600 or more and a
performance density of 3.2 or more; or
``(IV) a total DRAM bandwidth of
1,400 gigabytes per second or more,
interconnect bandwidth of 1,100
gigabytes per second or more, or a sum
of DRAM bandwidth and interconnect
bandwidth of 1,700 gigabytes per second
or more.
``(B) Authority to update technical parameters.--
Beginning 36 months after the date of the enactment of
this section, the Under Secretary may add new technical
parameters for the definition of `advanced integrated
circuit' for purposes of this section following
publication of the parameters in the Federal Register
and a period of public notice and comment.
``(2) Backlog of requests.--The term `backlog of requests',
in the case of a person submitting an application for a license
under subsection (b), means the person has received a request
from a United States person for a covered circuit or product
that--
``(A) is formally documented through--
``(i) a purchase order or enforceable
contract; or
``(ii) any other format consistent with
ordinary commercial practice that specifies
quantity, price, and time frame of delivery;
and
``(B) the person has not fulfilled or will not be
able to fulfill the request within a time frame
consistent with commercially standard production and
delivery lead times.
``(3) Commerce control list.--The term `Commerce Control
List' means the list set forth in Supplement No. 1 to part 774
of the Export Administration Regulations.
``(4) Country of concern.--The term `country of concern'
means--
``(A) a country listed in Country Group D:5 or E in
Supplement No. 1 to part 740 of the Export
Administration Regulations;
``(B) the Macau Special Administrative Region of
the People's Republic of China; or
``(C) the Hong Kong Special Administrative Region
of the People's Republic of China.
``(5) Covered circuit or product.--
``(A) In general.--Except as provided by
subparagraph (B), the term `covered circuit or product'
means an advanced integrated circuit or a product
containing such a circuit.
``(B) Exclusion.--The term `covered circuit or
product' does not include an advanced integrated
circuit or a product containing such a circuit that is
not designed or marketed for data centers.
``(6) Performance density; total processing performance.--
The terms `performance density' and `total processing
performance' have the meanings given those terms in, and are
calculated as provided for under, Export Control Classification
Number 3A090 in the Commerce Control List set forth in
Supplement No. 1 to part 774 of the Export Administration
Regulations.
``(7) Trusted united states person.--The term `trusted
United States person' means any United States person designated
as a trusted United States person pursuant to subsection
(d)(2).
``(b) License Requirement.--The Under Secretary of Commerce for
Industry and Security shall require a license for the export, reexport,
or in-country transfer of a covered circuit or product to an entity
that is located or headquartered in, or the ultimate parent company of
which is headquartered in, a country of concern.
``(c) Certification of Priority for United States Customers for
Certain Advanced Integrated Circuits.--
``(1) Certification requirement.--The Under Secretary shall
require a person submitting an application for a license under
subsection (b) for the export, reexport, or in-country transfer
of a covered circuit or product to an entity described in
subsection (b) to certify in the application that--
``(A) United States persons had a right of first
refusal for the covered circuit or product, which means
the person submitting the application--
``(i) provided, through a public notice,
United States persons with the opportunity to
inquire about purchasing a covered circuit or
product that would otherwise be sold to an
entity described in subsection (b);
``(ii) provided not fewer than 15 business
days for a United States person to inquire and
request to purchase the covered circuit or
product; and
``(iii) provided preference to a United
States person submitting an inquiry under
clause (i) if the United States person--
``(I) requests to purchase the full
quantity or a lesser quantity of the
covered circuit or product offered by
the person submitting the application;
and
``(II) takes material steps to
complete the purchase within 15
business days of requesting to purchase
the covered circuit or product; and
``(B) the person submitting the application--
``(i) has no current backlog of requests
from United States persons for the covered
circuit or product or a comparable circuit or
product that utilizes substantially similar
production process, infrastructure, or supply;
``(ii) cannot reasonably foresee, based on
material information known to the person,
including information disclosed to investors or
shareholders or in public filings, the
production and export, reexport, or in-country
transfer of the covered circuit or product
resulting, during the 12-month period following
the export, reexport, or in-country transfer,
in--
``(I) such a backlog; or
``(II) a reduction in critical
production capacity for the production
of a covered circuit or product or a
substantially similar circuit or
product that utilizes substantially
similar production process,
infrastructure, or supply for United
States persons; and
``(iii) is not providing advantageous
pricing or terms for the covered circuit or
product to foreign persons that the person is
not providing to United States persons.
``(2) Denial of applications without certification.--If a
certification described in paragraph (1) is not submitted with
an application for a license required under subsection (b), the
Under Secretary shall deny the license.
``(3) Implementation.--Not later than 90 days after the
date of the enactment of this section, the Under Secretary
shall--
``(A) seek input from the public regarding
compliance with the certification requirements under
paragraph (1); and
``(B) based on such input, prescribe regulations
providing guidance for compliance with the
certification requirements, which shall include--
``(i) information that the person
submitting an application for a license under
subsection (b) is required to make available
about transactions with entities described in
subsection (b) to ensure that United States
persons can exercise a right-of-first-refusal
under paragraph (1)(A);
``(ii) procedures for United States persons
to exercise such a right-of-first-refusal,
including--
``(I) the procedural requirements
for public notice under paragraph
(1)(A)(i); and
``(II) guidance on when a United
States person should inform the Under
Secretary of Commerce for Industry and
Security that the person is seeking to
exercise the right-of-first-refusal
under paragraph (1)(A);
``(iii) conditions upon which a person
submitting an application for a license under
subsection (b) may proceed with the export,
reexport, or in-country transfer of the covered
circuit or product if a request from a United
States person under paragraph (1)(A) to
purchase the covered circuit or product was not
made in good faith or completed in a timely
manner;
``(iv) recordkeeping requirements;
``(v) penalties for misrepresentation and
concealment of material facts; and
``(vi) guidance with respect to determining
whether--
``(I) a United States person
exercising the right-of-first-refusal
has taken a material step under
paragraph (1)(A)(iii)(II);
``(II) the export, reexport, or in-
country transfer of a covered circuit
or product would create--
``(aa) a backlog of
requests described in paragraph
(1)(B)(i); or
``(bb) a reduction in
critical production capacity
described in paragraph
(1)(B)(ii)(II); and
``(III) the person selling the
circuit or product is providing
advantageous pricing or terms to
foreign persons as described in
paragraph (1)(B)(iii).
``(4) Rules of construction.--Nothing in this subsection
shall be construed--
``(A) in the case of more than one United States
person requesting to purchase a covered circuit or
product under paragraph (1)(A)(iii), to authorize the
Under Secretary of Commerce for Industry and Security,
or any other Federal official, to allocate, prioritize,
or otherwise select one United States person over any
other United States person submitting such a request;
``(B) to require a person submitting an application
for a license under subsection (b) to publicly disclose
commercially sensitive or proprietary information,
including--
``(i) customer identities;
``(ii) contract terms;
``(iii) delivery schedules; or
``(iv) pricing data; or
``(C) as applying to a covered circuit product that
is designed and manufactured exclusively for internal
use.
``(d) Exemption From Certain License Requirement for Trusted United
States Persons.--
``(1) In general.--The requirement for a license under
sections 742.4 and 744.23 of the Export Administration
Regulations shall not apply to the export, reexport, or in-
country transfer of a covered circuit or product if the covered
circuit or product--
``(A) is destined for a country that is not a
country of concern; and
``(B) remains under the ownership and control of a
trusted United States person once the covered circuit
or product is in operation.
``(2) Implementation.--Not later than 90 days after the
date of the enactment of this section, the Under Secretary of
Commerce for Industry and Security shall--
``(A) seek input from the public regarding the
standards and requirements a United States person is
required to meet to obtain a designation as a trusted
United States person; and
``(B) based on such input, prescribe regulations
establishing such standards and requirements, which
shall include--
``(i) establishment by the United States
person of physical security, cybersecurity, and
other measures designed to prevent the illicit
transfer or diversion of covered circuit
products and comply with export control
regulations;
``(ii) a requirement that the United States
person may not transfer or install a majority
of its aggregate total processing performance
of covered circuits or products outside the
United States;
``(iii) a requirement that not more than 10
percent of the ultimate beneficial ownership of
the United States person may be held, directly
or indirectly, by any entity that primarily
resides, is domiciled, or conducts the majority
of its business in a country of concern;
``(iv) a preference for sourcing advanced
integrated circuit and subcomponents from
production facilities that support the revival
of semiconductor manufacturing in the United
States; and
``(v) annual audit or attestation
requirements to ensure compliance with clauses
(i), (ii), and (iii); and
``(C) prescribe regulations establishing the
process by which the Under Secretary shall approve such
a designation.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
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