Introduction
On October 9, 2025, the Senate passed its National Defense Authorization Act for Fiscal Year 2026 (NDAA; S. 2296) by a vote of 77 to 20. The GAIN AI Act, which would require chipmakers to give U.S. customers priority access to advanced semiconductors before selling abroad, is notably included in the Senate-passed package, which also folds into the FY 2026 Intelligence Authorization Act (IAA). The House version of the NDAA (H.R. 3838), approved on September 10, 2025, notably excludes the GAIN AI Act; thus, the provision will still need to withstand conference negotiations.
On October 9, 2025, the Senate passed its National Defense Authorization Act for Fiscal Year 2026 (NDAA; S. 2296) by a vote of 77 to 20. The GAIN AI Act, which would require chipmakers to give U.S. customers priority access to advanced semiconductors before selling abroad, is notably included in the Senate-passed package, which also folds into the FY 2026 Intelligence Authorization Act (IAA). The House version of the NDAA (H.R. 3838), approved on September 10, 2025, notably excludes the GAIN AI Act; thus, the provision will still need to withstand conference negotiations.