S. 3150: Guaranteeing Access and Innovation for National Artificial Intelligence Act of 2025

This bill, known as the Guaranteeing Access and Innovation for National Artificial Intelligence Act of 2025 (GAIn AI Act), aims to regulate the export of advanced artificial intelligence (AI) chips by creating a priority system for U.S. customers. Here’s a breakdown of its key provisions:

Export Control of Advanced AI Chips

The act modifies the existing Export Control Reform Act of 2018 to prevent entities from prioritizing customers in certain "countries of concern" over U.S. individuals or companies when exporting advanced integrated circuits, including AI chips. Key definitions within the act include:

• Advanced Integrated Circuit: This term refers to specific types of integrated circuits that meet defined performance criteria.
• Country of Concern: This typically includes nations that are considered a risk in terms of technology transfer and security, specifically certain countries in groups D:5 and E under U.S. export control regulations, as well as specific regions in China.

Licensing Requirements

Entities looking to export advanced integrated circuits to a country of concern must obtain a license. The Under Secretary of Commerce for Industry and Security will set the terms of these licenses. Importantly, as part of the licensing process, exporting entities must:

• Certify that U.S. persons had a right of first refusal for the sale of the covered circuit or product.
• Ensure that they have no backlog of requests from U.S. customers that would prevent fulfillment.
• Not provide better pricing or terms to foreign customers than to U.S. customers.

Certification of Priority to U.S. Customers

When applying for an export license, companies must certify that they provided U.S. customers with the opportunity to purchase the advanced integrated circuit before offering it to foreign clients. This involves:

• Issuing public notices for U.S. customers to inquire about purchasing.
• Allowing a minimum of 15 business days for U.S. customers to express their interest.
• Prioritizing U.S. customers who respond within this period and take steps to finalize the purchase.

Exceptions for Trusted U.S. Persons

There are specific exemptions from these licensing requirements for “trusted U.S. persons,” which include:

• Exporting to countries that are NOT considered a country of concern.
• Ensuring that once the product is in operational use, it remains under the ownership and control of the trusted U.S. person.

Implementation and Compliance

The Under Secretary of Commerce will develop regulations to facilitate the implementation of these provisions, including guidance on the certification process, reporting requirements, and penalties for misrepresentation.

Public Input and Regulation Development

Within 90 days following the enactment, the Under Secretary will seek public input to refine compliance requirements and will establish penalties for those failing to accurately represent or conceal critical facts in compliance with the act.

Relevant Companies

• NVIDIA Corporation (NVDA) - As a major supplier of advanced AI chips, NVIDIA could see significant changes in its export strategies and customer relations, especially concerning its international clients.
• Advanced Micro Devices, Inc. (AMD) - AMD, another key player in the semiconductor industry, could face constraints on its ability to serve customers in countries defined as concerns under this bill.
• Intel Corporation (INTC) - Intel could be impacted as it navigates the requirements for licenses to export its advanced chips, which are often sold internationally.