TLDR
- The GAIN Act mandates chipmakers to prioritize US orders before exports.
- US companies may face delays due to export restrictions on advanced AI chips.
- The GAIN Act could disrupt global chip supply chains, affecting industries like crypto mining.
- Export licenses for AI and HPC chips may be denied if US demand isn’t met first.
The US Senate has taken a major step in reshaping the global chip market by advancing the Guaranteeing Access and Innovation for National Artificial Intelligence Act of 2026 (GAIN Act). This legislation, part of the National Defense Authorization Act, prioritizes domestic orders for AI and high-performance computing (HPC) chips. The move aims to strengthen the US tech industry but could complicate access to critical hardware for industries like cryptocurrency mining, which relies heavily on global supply chains.
US Senate Passes GAIN Act
On Thursday, the US Senate passed the GAIN Act, a provision under the National Defense Authorization Act (NDAA). This act mandates that AI and HPC chip manufacturers prioritize US orders before fulfilling international demand. The legislation seeks to address long-standing concerns about chip shortages and backlogs, especially in industries requiring advanced processors.
The new rule could affect US-based companies and foreign firms. It would give Congress the authority to deny export licenses for the most advanced AI processors, such as those made by Nvidia and Intel. Under the act, companies must fill all domestic orders before seeking export approval. This provision aims to ensure that the US remains at the forefront of AI development and secure its competitive edge in the global market.
Export Licenses and Their Requirements
The GAIN Act introduces stricter control over high-end AI chip exports. Companies would need to secure a special export license to send advanced integrated circuit products abroad. The Act specifies that no export licenses would be granted until US demands are met in full. This rule adds another layer of scrutiny to an already competitive and volatile market for advanced semiconductor products.
As chipmakers face mounting pressure to prioritize US orders, the legislation could alter global supply chains, particularly in countries relying on US-made chips for their technological developments. The shift in focus towards domestic supply may hinder the production capacity available for foreign markets.
Crypto Mining Industry at Risk
The crypto mining sector is one of the industries that could face challenges under the GAIN Act. Mining operations, which depend on high-performance chips for processing transactions on blockchain networks, could find it increasingly difficult to obtain the necessary hardware. Many US-based miners already struggle with high costs and international trade barriers. The GAIN Act could exacerbate these issues by limiting access to critical components.
US mining firms are already dealing with the consequences of past trade tariffs, which increased the cost of importing hardware. CleanSpark, a US-based mining company, faced significant liabilities due to issues with the customs of hardware from China. Increased restrictions on chip exports could further heighten these costs and force miners to adjust their strategies or relocate operations abroad to stay competitive.
Legislative Process and Future Developments
While the GAIN Act has passed the Senate, it is still subject to approval by the House of Representatives and the President. As the bill moves through Congress, there could be changes in the language or provisions.
Lawmakers are likely to continue debating the balance between securing domestic access to cutting-edge technology and maintaining a competitive position in the global market.
The full scope of the GAIN Act’s impact on global markets remains uncertain. If it becomes law in its current form, it could alter not only the landscape of AI and chip development but also create ripple effects in industries that rely heavily on these technologies. How international markets adapt to this new landscape will be closely monitored.
As of now, it is clear that the GAIN Act represents a significant shift towards prioritizing national interests over global trade, especially in the tech and semiconductor sectors.
