I 
119TH CONGRESS 
1ST SESSION H. R. 5885 
To require entities seeking a license to export advanced artificial intelligence 
chips to countries of concern to certify that United States persons have 
priority in acquiring those chips. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 31, 2025 
Mr. MOOLENAAR (for himself and Mr. KRISHNAMOORTHI) introduced the 
following bill; which was referred to the Committee on Foreign Affairs 
A BILL 
To require entities seeking a license to export advanced arti-
ficial intelligence chips to countries of concern to certify 
that United States persons have priority in acquiring 
those chips. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Guaranteeing Access 
and Innovation for National Artificial Intelligence Act of 
2025’’ or the ‘‘GAIN AI Act of 2025’’. 
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SEC. 2. PROHIBITION ON PRIORITIZING COUNTRIES OF 
CONCERN OVER UNITED STATES PERSONS 
FOR EXPORTS OF ADVANCED INTEGRATED 
CIRCUITS. 
Part I of the Export Control Reform Act of 2018 (50 
U.S.C. 4811 et seq.) is amended by inserting after section 
1758 the following new section: 
‘‘SEC. 1758A. CONTROL OF EXPORTS OF CERTAIN AD-
VANCED INTEGRATED CIRCUITS. 
‘‘(a) LICENSE REQUIREMENT.—The Under Secretary 
of Commerce for Industry and Security shall require a li-
cense for the export, reexport, or in-country transfer of 
a covered advanced circuit or product to an entity located 
or headquartered in, or whose ultimate parent company 
is headquartered in, a country of concern. 
‘‘(b) CERTIFICATION
OF PRIORITY
FOR UNITED 
STATES CUSTOMERS
FOR CERTAIN ADVANCED INTE-
GRATED CIRCUITS.— 
‘‘(1) 
CERTIFICATION
REQUIREMENT.—The 
Under Secretary of Commerce for Industry and Se-
curity shall require a person submitting an applica-
tion for a license under subsection (a) to certify in 
the application that such person provided a right of 
first refusal to United States persons. 
‘‘(2) DENIAL OF APPLICATIONS WITHOUT CER-
TIFICATION.—Such Under Secretary shall deny each 
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application for a license under subsection (a) that 
does not include a certification described in para-
graph (1). 
‘‘(3) IMPLEMENTATION.—Not later than 120 
days after the date of the enactment of this section, 
such Under Secretary shall consult with the public 
and prescribe regulations providing guidance, based 
on such consultation, for complying with the certifi-
cation requirement under paragraph (1), which shall 
include— 
‘‘(A) information that the person submit-
ting an application for a license under sub-
section (a) is required to make available about 
transactions with entities described in sub-
section (a), and the form the public notice of 
such information must take, to ensure that 
United States persons can exercise a right of 
first refusal under paragraph (1); 
‘‘(B) procedures for United States persons 
to exercise a right of first refusal under para-
graph (1), including— 
‘‘(i) how public notice of the right of 
first refusal shall be provided; and 
‘‘(ii) guidance on when a United 
States person should inform such Under 
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Secretary that they are seeking to exercise 
a right of first refusal; 
‘‘(C) conditions upon which a person sub-
mitting an application for a license under sub-
section (a) may proceed with the transaction 
that such license is required for if a request to 
exercise a right of first refusal is not made in 
good faith or completed in the required time-
frame; 
‘‘(D) recordkeeping requirements; 
‘‘(E) penalties for misrepresentation and 
concealment of material facts; and 
‘‘(F) guidance with respect to determining 
whether— 
‘‘(i) a United States person exercising 
a right of first refusal has taken a material 
step to complete a transaction within the 
required timeframe; and 
‘‘(ii) the export, reexport, or in-coun-
try transfer of a covered advanced circuit 
or product would create— 
‘‘(I) backlog of requests from 
United States persons for the covered 
advanced circuit or product with re-
spect to which an application for a li-
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other United States person submitting such a re-
quest. 
‘‘(c) EXEMPTION FROM CERTAIN LICENSE REQUIRE-
MENT FOR TRUSTED UNITED STATES PERSONS.— 
‘‘(1) IN GENERAL.—The requirement for a li-
cense under sections 742.6 and 744.23 of title 15, 
Code of Federal Regulations shall not apply to the 
export, reexport, or in-country transfer of a covered 
advanced circuit or product if the covered advanced 
circuit or product— 
‘‘(A) is destined for a country that is not 
a country of concern; and 
‘‘(B) once in operation, remains under the 
ownership and control of a trusted United 
States person. 
‘‘(2) IMPLEMENTATION.—Not later than 120 
days after the date of the enactment of this section, 
the Under Secretary of Commerce for Industry and 
Security shall consult with the public and, based on 
such consultation, prescribe regulations— 
‘‘(A) establishing the standards and re-
quirements a United States person is required 
to meet to obtain a designation as a trusted 
United States person, which shall include— 
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‘‘(i) establishment by the United 
States person of physical security, cyberse-
curity, and other measures designed to 
prevent the illicit transfer or diversion of 
covered circuits and products, or other vio-
lations of United States export control reg-
ulations; 
‘‘(ii) a requirement that the United 
States person may not transfer or install a 
majority of its aggregate total processing 
performance of covered circuits or products 
outside the United States; 
‘‘(iii) a requirement that not more 
than 10 percent of the ultimate beneficial 
ownership of the United States person may 
be held, directly or indirectly, by any entity 
that primarily resides, is domiciled, or con-
ducts the majority of its business in a 
country of concern; and 
‘‘(iv) annual audit or attestation re-
quirement to ensure compliance with this 
subparagraph; and 
‘‘(B) describing the process by which such 
Under Secretary shall approve such a designa-
tion under subparagraph (A). 
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‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ADVANCED INTEGRATED CIRCUIT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘advanced integrated cir-
cuit’ means— 
‘‘(i) an integrated circuit, computer, 
or other product— 
‘‘(I) classified under Export Con-
trol Classification Number 3A090 or 
4A090 or related Export Control 
Classification Numbers; or 
‘‘(II) that is functionally equiva-
lent or substantially similar to a cir-
cuit, computer, or product described 
in subclause (I); or 
‘‘(ii) an integrated circuit that has 
one or more digital processing units with— 
‘‘(I) a total processing perform-
ance of 4,800 or more; 
‘‘(II) a total processing perform-
ance of 2,400 or more and a perform-
ance density of 1.6 or more; 
‘‘(III) a total processing perform-
ance of 1,600 or more and a perform-
ance density of 3.2 or more; or 
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‘‘(IV) a total DRAM bandwidth 
of 1,400 gigabytes per second or 
more, 
interconnect 
bandwidth 
of 
1,100 gigabytes per second or more, 
or a sum of DRAM bandwidth and 
interconnect 
bandwidth 
of 
1,700 
gigabytes per second or more. 
‘‘(B) AUTHORITY TO UPDATE TECHNICAL 
PARAMETERS.—Beginning 24 months after the 
date of the enactment of this section, the Under 
Secretary of Commerce for Industry and Secu-
rity may add new technical parameters for the 
definition of ‘advanced integrated circuit’ fol-
lowing publication of such parameters and a no-
tice and comment period in the Federal Reg-
ister. 
‘‘(2) COMMERCE
CONTROL
LIST.—The term 
‘Commerce Control List’ means the list set forth in 
Supplement No. 1 to part 774 of title 15, Code of 
Federal Regulations. 
‘‘(3) COUNTRY OF CONCERN.—The term ‘coun-
try of concern’ means— 
‘‘(A) a country listed in Country Group 
D:5 or E in Supplement No. 1 to part 740 of 
title 15, Code of Federal Regulations; 
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‘‘(B) the Macau Special Administrative Re-
gion of the People’s Republic of China; or 
‘‘(C) the Hong Kong Special Administra-
tive Region of the People’s Republic of China. 
‘‘(4) COVERED ADVANCED CIRCUIT OR PROD-
UCT.— 
‘‘(A) IN GENERAL.—Except as provided by 
subparagraph (B), the term ‘covered advanced 
circuit or product’ means— 
‘‘(i) an advanced integrated circuit; or 
‘‘(ii) a product containing such a cir-
cuit. 
‘‘(B) EXCLUSION.—The term ‘covered ad-
vanced circuit or product’ does not include an 
advanced integrated circuit or a product con-
taining such a circuit that is not designed or 
marketed for data centers. 
‘‘(5) PERFORMANCE
DENSITY; TOTAL
PROC-
ESSING
PERFORMANCE.—The terms ‘performance 
density’ and ‘total processing performance’ have the 
meanings given those terms in, and are calculated as 
provided for under, Export Control Classification 
Number 3A090 in the Commerce Control List set 
forth in Supplement No. 1 to part 774 of title 15, 
Code of Federal Regulations. 
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‘‘(6) RIGHT OF FIRST REFUSAL.— 
‘‘(A) IN
GENERAL.—The term ‘right of 
first refusal’ means the person applying for a li-
cense under subsection (a)— 
‘‘(i) provides, through public notice, 
not less than a 15-day period for United 
States persons to inquire about purchasing 
a covered advanced circuit or product that 
would otherwise be sold to an entity lo-
cated or headquartered in, or whose ulti-
mate parent company is headquartered in, 
a country of concern; 
‘‘(ii) provides preference to a United 
States person submitting an inquiry under 
clause (i), if such United States person— 
‘‘(I) requests to purchase any 
quantity of the covered advanced cir-
cuit or product with respect to which 
such application is submitted for on 
the terms such covered advanced cir-
cuit or product is offered for; and 
‘‘(II) takes material steps to 
complete such purchase within 15 
business days of requesting to make 
such purchase; 
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circuit or product with respect to which 
such application is submitted for to foreign 
persons that are not provided to United 
States persons. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) BACKLOG
OF
REQUESTS.—The 
term ‘backlog of requests’ means a request 
from any United States person for a cov-
ered advanced circuit or product that— 
‘‘(I) 
is 
formally 
documented 
through— 
‘‘(aa) a purchase order or 
enforceable contract; or 
‘‘(bb) a formal request for 
supply consistent with ordinary 
commercial practice that specifies 
quantity, price, and timeframe of 
delivery; and 
‘‘(II) is not fulfilled or will not be 
able to fulfill within a timeframe con-
sistent with commercially standard 
production and delivery lead times. 
‘‘(ii) MATERIAL
INFORMATION.—In 
this paragraph, the term ‘material infor-
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mation’ includes information disclosed to 
investors, shareholders, or in public filings. 
‘‘(7) TRUSTED UNITED STATES PERSON.—The 
term ‘trusted United States person’ means any 
United States person designated as a trusted United 
States person pursuant to subsection (c)(2).’’. 
Æ 
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