GAIN AI Act included in NDAA

The US Senate advanced its version of the Fiscal Year 2026 National Defense Authorization Act (NDAA). Included in the package is the Guaranteeing Access and Innovation for National Artificial Intelligence (GAIN AI) Act, which would create an America-First Right of Refusal to ensure American customers are offered the opportunity to purchase advanced AI chips prior to any chip producer applying for a license to export those chips to a foreign adversary nation. “Today, the Senate acted to make sure American customers — including small businesses and startups — aren’t forced to wait in line behind China’s tech giants when purchasing the latest AI chips," said cosponsor Sen Elizabeth Warren (D-MA). "This bipartisan amendment is an important step to address the long wait times that U.S. companies face when purchasing these chips and promote continued U.S. technological innovation and leadership.”