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ARTICLE · 05 NOVEMBER 2025

House/Senate Advance AI Provisions Via NDAA, Kicking Off Conference Process

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On October 9, 2025, the Senate passed its National Defense Authorization Act for Fiscal Year 2026 (NDAA; S. 2296) by a vote of 77 to 20. The GAIN AI Act, which would require chipmakers...

United StatesTechnology
Ed Pagano
Ed Pagano
Hans Christopher Rickhoff
Hans Christopher Rickhoff
Ryan Thompson
Ryan Thompson
Reggie Babin
Reggie Babin
Casey C. Higgins
Casey C. Higgins
Taylor Daly
Taylor Daly
Francine Baidoo
Francine Baidoo
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Introduction

On October 9, 2025, the Senate passed its National Defense Authorization Act for Fiscal Year 2026 (NDAA; S. 2296) by a vote of 77 to 20. The GAIN AI Act, which would require chipmakers to give U.S. customers priority access to advanced semiconductors before selling abroad, is notably included in the Senate-passed package, which also folds into the FY 2026 Intelligence Authorization Act (IAA). The House version of the NDAA (H.R. 3838), approved on September 10, 2025, excludes the GAIN AI Act; thus, the provision, which is under review by Senate lawmakers for additional considerations, will still need to withstand conference negotiations.

The broader artificial intelligence (AI) provisions in the House and Senate bills demonstrate substantial overlap in objectives but differ in focus and approach. The Senate bill largely concentrates on U.S. Department of Defense (DoD)-wide frameworks, governance and industry partnerships, including specific directives

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