US Lawmakers Propose 'GAIN AI Act' to Prioritize American Access to Advanced AI GPUs

Reviewed byNidhi Govil

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The GAIN AI Act, proposed as part of the National Defense Authorization Act, aims to ensure US buyers have priority access to advanced AI GPUs before they are exported. Nvidia opposes the bill, arguing it addresses a non-existent problem.

Proposed GAIN AI Act Aims to Prioritize US Access to Advanced GPUs

The United States Senate has introduced the Guaranteeing Access and Innovation for National Artificial Intelligence (GAIN AI) Act of 2025 as part of the National Defense Authorization Act of 2026. This proposed legislation aims to ensure that American buyers, including small businesses, startups, and universities, have priority access to the most advanced AI GPUs before they are exported to foreign markets

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Source: The Register

Source: The Register

Key Provisions of the GAIN AI Act

The bill outlines several key provisions:

  1. Right of first refusal: US customers would have the first opportunity to purchase advanced AI hardware before it's sold to foreign nations

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  2. Export restrictions: The act would establish export controls on all 'advanced' GPUs shipped outside the US

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  3. Performance thresholds: Specific technical criteria would classify chips as 'advanced,' including total processing performance (TPP) and memory bandwidth

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  4. Certification requirements: Exporters would need to certify that US buyers were given priority and that there are no pending domestic orders

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Impact on GPU Manufacturers and the Market

If passed, the GAIN AI Act could significantly affect how companies like Nvidia and AMD conduct business:

  1. Export limitations: Even older AI GPUs meeting the defined performance thresholds could be subject to export controls

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  2. Market prioritization: The US market would be explicitly prioritized over foreign buyers, including allies

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  3. Supply chain concerns: The act assumes that more chips for foreign markets mean fewer for American buyers, a point contested by manufacturers

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Nvidia's Opposition to the Bill

Nvidia, a major player in the AI GPU market, has voiced strong opposition to the GAIN AI Act:

Source: Tom's Hardware

Source: Tom's Hardware

  1. Non-existent problem: Nvidia argues that the bill attempts to solve a problem that doesn't exist

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  2. Market impact: The company claims the proposed legislation would restrict competition worldwide in industries using mainstream computing chips

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  3. US market priority: Nvidia states that the US has always been and will continue to be its largest market

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Geopolitical Implications and Existing Regulations

The GAIN AI Act comes amid ongoing tensions between the US and China regarding advanced technology exports:

  1. Current restrictions: US policy already bars the export of the most powerful GPUs to China

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  2. China-specific products: Nvidia has been working on a downgraded H20 GPU for the Chinese market, which could be affected by the new legislation

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  3. Trump administration clearance: The previous administration had given clearance for certain exports to China, which the new act could potentially override

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Source: Wccftech

Source: Wccftech

Debate and Criticism

The proposed legislation has sparked debate among lawmakers, industry leaders, and experts:

  1. Support: Senator Jim Banks (R-Indiana) champions the bill as putting "American companies and researchers before our adversaries like China"

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  2. Criticism: Some argue that the bill misunderstands semiconductor and AI supply chains, potentially harming US competitiveness

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  3. Market dynamics: Critics point out that the bill overlooks complexities in AI infrastructure deployment, such as datacenter readiness

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As the GAIN AI Act moves through the legislative process, its potential impact on the global AI chip market and US technological leadership remains a subject of intense discussion and scrutiny.

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