WASHINGTON, D.C. — Senator Jim Banks (R-Ind.) introduced the GAIN AI Act, an amendment included in the FY2026 National Defense Authorization Act that would ensure American companies get first access to advanced AI chips before they are sold to China or other foreign adversaries.
Read more about the GAIN AI Act from James Lynch in National Review here.
Key Excerpts:
“The legislation would create requirements for AI chipmakers to sell products to China and other U.S. adversaries. It would do so by making sure U.S. customers exercise their “right to first refusal” when chip companies apply for export licenses. Another component of the bill includes a requirement that companies do not have a backlog of chip orders from U.S. costumers.”
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“The GAIN AI Act helps America beat China in the artificial intelligence race,” Banks said in a statement provided to National Review. This bill will not restrict chip exports to our allies. It puts America First by securing AI dominance at home before sending critical technology to adversaries like China.”
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“A proponent of President Trump’s “America First” approach, Banks is one of the leading China hawks in Congress and has introduced several pieces of legislation targeting CCP influence. Banks’s legislation gained a major endorsement Thursday when Senator Tom Cotton (R., Ark.), the No. 3 Senate Republican, threw his weight behind the GAIN AI Act.”
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“The two other overarching themes of Trump’s AI plan are developing American AI infrastructure and fostering international AI diplomacy. One aspect of U.S. diplomatic leadership listed in the plan is developing new export controls and ending loopholes in existing export controls. Banks’s bill seems to fit into the category of creating new export controls to prevent China from gaining an edge in AI.”