S.Amdt. 3714

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.''.
______