"America First" For AI Chips: Senate Bill Seeks To Reshape Semiconductor Market

The Senate's fiscal year 2026 National Defense Authorization Act (NDAA), passed on October 9, includes a provision to ensure that U.S. manufacturers have priority access to advanced semiconductors.

Specifically, the Guaranteeing Access and Innovation for National Artificial Intelligence (GAIN AI) Act, co-sponsored by Senators Elizabeth Warren (D-MA) and Jim Banks (R-IN), would amend the Export Control Reform Act of 2018 by requiring chipmakers seeking licenses to export "advanced integrated circuits" to submit a "Certification of Priority for United States Customers" affirming that: (1) they have offered U.S. persons the right-of-first-refusal for the chips in question; (2) they have no current backlog of requests from U.S. customers and do not foresee the export creating one; (3) foreign customers are not being offered more advantageous pricing or terms than U.S. customers; and (4) the exported chips will not be used by foreign entities to compete with U.S.