S.Amdt. 3505

SA 3505. Mr. BANKS 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;
(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 advanced artificial
intelligence chips to foreign entities 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 CUSTOMERS FOR EXPORTS OF
ADVANCED INTEGRATED CIRCUITS.

Part I of 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.--The Secretary shall require a
license for the export, reexport, or in-country transfer of
an advanced integrated circuit or a product containing an
advanced integrated circuit.
``(b) Certification of Priority for United States Customers
for Advanced Integrated Circuits.--
``(1) Certification requirement.--The 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 an advanced
integrated circuit to or in a country of concern to certify
in the application that--

[[Page S5294]]

``(A) United States persons had a right-of-first-refusal
for the circuit or product to which the application relates;
and
``(B) the person applying for the license--
``(i) has no current backlog of requests from United States
persons for the circuit or product;
``(ii) cannot foresee the export, re-export, 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; and
``(C) the circuit or product will not be used by foreign
persons to compete with United States persons outside of the
domestic home market of the foreign 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 Secretary shall deny the application.
``(c) Definitions.--In this subsection:
``(1) Advanced integrated circuit.--The term `advanced
integrated circuit' means is an integrated circuit (as
defined in the Commerce Control List) that has one or more
digital processing units with--
``(A) a total processing performance of 2400 or more and a
performance density of 1.6 or more;
``(B) a total processing performance of 1600 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) Country of concern.--The term `country of concern'
means--
``(A) a country subject to a comprehensive United States
arms embargo; or
``(B) 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
described in subparagraph (A).''.
______