Banks, Warren, Cotton, Schumer, McCormick, Coons Introduce Landmark Bipartisan GAIN AI Act to Maintain U.S. Position As World’s Leader in Critical Artificial Intelligence Chips

Banks, Warren, Cotton, Schumer, McCormick, Coons Introduce Landmark Bipartisan GAIN AI Act to Maintain U.S. Position As World's Leader in Critical Artificial Intelligence Chips

As Congress finalizes NDAA, senators release new bill text backed by national security experts and industry; Original Banks-Warren amendment passed Senate NDAA earlier this month

Bipartisan bill ensures advanced American technologies are prioritized for American companies, startups, and universities instead of China

Bill Text (PDF)

Washington, D.C. - Yesterday, U.S. Senators Jim Banks (R-IN), Member of the Senate Banking, Housing, and Urban Affairs Committee, Elizabeth Warren (D-Mass.), Ranking Member of the Senate Banking, Housing, and Urban Affairs Committee, Tom Cotton (R-AK), Chris Coons (D-DE), Dave McCormick (R-PA) along with Senate Minority Leader Chuck Schumer (D-NY), introduced the landmark bipartisan Guaranteeing Access and Innovation for National Artificial Intelligence (GAIN AI) Act, legislation that would require companies to give American businesses first priority in acquiring advanced AI chips before exporting these chips to China and other countries of concern. The original Banks-Warren amendment passed the Senate on October 9 as part of the National Defense Authorization Act (NDAA).

"The GAIN AI Act makes sure we use American-made technology to strengthen our own economy and security before sending it to adversaries overseas," said Senator Banks.

"American customers - including small businesses and startups - shouldn't be forced to wait in line behind China's tech giants when purchasing the latest AI chips. Our bipartisan bill is an important step to ensuring that U.S. startups and universities can purchase the chips they need and promoting continued U.S. technological innovation and leadership," said Ranking Member Warren.

"The United States has led the way in technological advancement and innovation. But our leadership is at risk - particularly as China races to dominate AI, which would have severe consequences for America and the world," said Leader Schumer. "The bipartisan GAIN AI Act would ensure that all American innovators, from universities to industry of all size, have first access to American-made chips to drive continued American leadership in AI and strengthen our national security."

"Winning the remainder of the 21st Century rests on America's ability to win the AI race," said Senator Coons. "We cannot allow China to leap ahead of us and threaten our long-term economic and national security. This bipartisan bill will ensure America retains its compute advantage and that the next generation of frontier AI systems are built by American companies on a foundation of democratic principles."

The GAIN AI Act would require a company seeking a license to export advanced artificial intelligence chips to China and other countries of concern to first certify that American companies and startups have priority in acquiring those chips. Only after fulfilling purchases from U.S.-based customers could a company export their chips to countries of concern, assuming such sales are permitted under U.S. export controls. The bill would help ensure that technologies produced in the United States satisfy the critical technology needs of American companies.

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