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Why the GAIN AI Act would undermine US AI preeminence
Brookings
2025.12.05
In early November, a bipartisan group of senators introduced the Guaranteeing Access and Innovation for National Artificial Intelligence (GAIN AI) Act. A companion bill was introduced in the House a week earlier―also with bipartisan sponsorship. In addition to these standalone bills, the GAIN AI Act was included within the Senate version (though not the House version) of the National Defense Authorization Act (NDAA) passed in early October.

If the GAIN AI Act becomes law either through standalone legislation or via inclusion in another bill, it could undermine rather than promote continued U.S. AI preeminence. The central feature of the act is a “certification requirement” placed on companies seeking a license to sell advanced AI chips to entities in “countries of concern.” This is a group of about two dozen countries that includes China (including the “special administrative regions” of Hong Kong and Macau).