[Pages S5645-S5646]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3714. Mr. BANKS (for himself and Ms. Warren) submitted an 
amendment intended to be proposed by him to the bill S. 2296, to 
authorize appropriations for fiscal year 2026 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of division A, add the following:

 TITLE XVII--EXPORT CONTROLS FOR ADVANCED ARTIFICIAL INTELLIGENCE CHIPS

     SEC. 1701. 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. 1702. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) artificial intelligence is a transformative technology 
     and United States policy should ensure that United States 
     persons, including small businesses, startups, and 
     universities, are in the best position to innovate and 
     harness the potential of artificial intelligence;
       (2) the demand for advanced artificial intelligence chips 
     far exceeds the supply, and United States persons are forced 
     to wait many months, if not longer, to acquire the latest 
     chips;
       (3) at the same time, United States chip developers are 
     selling advanced artificial intelligence chips to entities in 
     countries that are subject to a United States arms embargo or 
     countries that have a close relationship with such countries, 
     so that United States persons are unable to acquire such 
     chips;

[[Page S5646]]

       (4) the production of such chips for sale to entities in 
     countries described in paragraph (3) is taking up production 
     capacity that would otherwise be used to fabricate chips for 
     United States persons; and
       (5) it should be the policy of the United States and the 
     Department of Commerce--
       (A) to deny licenses for the export of the most powerful 
     artificial intelligence chips, including such chips with a 
     total processing power of 4,800 or above; and
       (B) to restrict the export of less advanced artificial 
     intelligence chips to foreign entities in countries of 
     concern so long as United States entities are waiting and 
     unable to acquire those same chips.

     SEC. 1703. 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) License Requirement.--
       ``(1) In general.--Except as provided by paragraph (2), the 
     Under Secretary of Commerce for Industry and Security shall 
     require a license for the export, reexport, or in-country 
     transfer of an advanced integrated circuit or a product 
     containing such a circuit.
       ``(2) Authority to exempt certain countries.--The 
     requirement for a license under paragraph (1) does not apply 
     with respect to the export, reexport, or in-country transfer 
     of an advanced integrated circuit or a product containing 
     such a circuit to or in a country that is listed in Country 
     Group A:4, A:5, or A:6 in Supplement No. 1 to part 740 of the 
     Export Administration Regulations.
       ``(b) 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 to 
     export, reexport, or in-country transfer an advanced 
     integrated circuit or a product containing such a circuit to 
     or in a country subject to a comprehensive United States arms 
     embargo or a country of concern to certify in the application 
     that--
       ``(A) United States persons had a right-of-first-refusal 
     for the circuit or product, which means the person submitting 
     the application--
       ``(i) upon reaching the decision to enter into a 
     transaction for the sale of such a circuit or product to a 
     person in a country subject to a comprehensive United States 
     arms embargo or a country of concern, provided, in a manner 
     accessible to United States persons, a notice of--

       ``(I) intent to sell the circuit or product to the person 
     in that country; and
       ``(II) the terms of the transaction, including the price 
     and quantity of the circuit or product involved in the 
     transaction;

       ``(ii) allowed not less than 15 business days for United 
     States persons to request to purchase the full quantity or a 
     lesser quantity of the circuit or product on the terms (other 
     than quantity) specified under clause (i); and
       ``(iii) provided preference to United States persons that 
     requested to purchase the circuit or product over the person 
     in the country described in clause (i); and
       ``(B) the person submitting the application--
       ``(i) has no current backlog of requests from United States 
     persons for the circuit or product or a comparable circuit or 
     product;
       ``(ii) cannot foresee the export, reexport, or in-country 
     transfer of the circuit or product resulting in such a 
     backlog or a reduction in the capacity of production lines 
     for the production of the circuit or product for United 
     States persons; and
       ``(iii) is not providing advantageous pricing or terms for 
     the 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 described in that 
     paragraph, the Under Secretary shall deny the application.
       ``(3) Implementation.--Not later than 90 days after the 
     date of the enactment of this section, the Under Secretary 
     shall prescribe regulations providing guidance for complying 
     with the certification requirement under paragraph (1), which 
     shall include--
       ``(A) a description of the acceptable formats for the 
     notice required by paragraph (1)(A)(i);
       ``(B) establishment of a portal that allows--
       ``(i) persons applying for a license under this section to 
     submit details regarding intended sales of advanced 
     integrated circuits and products containing such circuits; 
     and
       ``(ii) United States persons to view those details and 
     submit requests to purchase such circuits or products 
     pursuant to paragraph (1)(A)(ii);
       ``(C) procedures for handling multiple requests for an 
     intended sale of such a circuit or product, which shall allow 
     for combining requests for lesser quantities of the circuit 
     or product to match the full quantity offered for sale;
       ``(D) recordkeeping requirements;
       ``(E) penalties for misrepresentation and concealment of 
     material facts; and
       ``(F) metrics and procedures by which to determine 
     whether--
       ``(i) the export, reexport, or in-country transfer of a 
     circuit or product would create--

       ``(I) a backlog of requests described in paragraph 
     (1)(B)(i); or
       ``(II) a reduction in capacity described in paragraph 
     (1)(B)(ii); and

       ``(ii) the person selling the circuit or product is 
     providing advantageous pricing or terms described in 
     paragraph (1)(B)(iii) to foreign persons.
       ``(c) Definitions.--
       ``(1) Advanced integrated circuit.--In this section, the 
     term `advanced integrated circuit' means an integrated 
     circuit (as defined Export Control Classification Number 
     3A090 in the Commerce Control List) that has one or more 
     digital processing units with--
       ``(A) a total processing performance of 2,400 or more and a 
     performance density of 1.6 or more;
       ``(B) a total processing performance of 1,600 or more and a 
     performance density of 3.2 or more; or
       ``(C) 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.
       ``(2) Commerce control list.--In this section, the term 
     `Commerce Control List' means the list set forth in 
     Supplement No. 1 to part 774 of the Export Administration 
     Regulations.
       ``(3) Country of concern.--In this section, the term 
     `country of concern' means a country that the Director of 
     National Intelligence assesses is hosting, or has the 
     intention of hosting, a military or intelligence facility 
     associated with a country subject to a comprehensive United 
     States arms embargo.
       ``(4) Performance density; total processing performance.--
     In this section, 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.''.
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