The US Senate has progressed significant AI legislation through the National Defense Authorization Act, mandating that chipmakers prioritize US customers prior to exporting advanced processors overseas.
On Thursday, senators approved the Guaranteeing Access and Innovation for National Artificial Intelligence Act of 2026, or GAIN Act, as an amendment to the National Defense Authorization Act, which requires AI and high-performance chip manufacturers to give preference to domestic orders before exporting.
The GAIN Act also empowers Congress to refuse export licenses for the most advanced AI processors and mandates export licenses for products containing any “advanced integrated circuit.”
“In recent years, US companies have frequently encountered delays in chip orders. As of late 2024, Nvidia’s Blackwell series was booked out approximately a year ahead,” noted the policy advocacy group “Americans for Responsible Innovation.”
Applicants must demonstrate that all US orders have been fulfilled before obtaining an export license under the NDAA for fiscal year 2026.
Nonetheless, the GAIN AI Act is an amendment to the NDAA, which still needs approval from the House of Representatives and the president’s signature to become law.
This situation leaves the final terms of the NDAA subject to Congressional discussions, with no assurance that the GAIN Act will be enacted in its current form, or at all.
Restrictions on exporting artificial intelligence and high-performance chips may adversely affect the global crypto mining sector, which is already facing economic challenges from trade disputes, by making hardware more difficult to obtain.
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Tariffs and trade wars impact the mining industry severely
The reciprocal trade tariffs introduced by US President Donald Trump in April led to a slump in crypto prices and created tougher conditions for the competitive mining sector.
The manufacturing of crypto mining hardware depends on global supply chains that are now affected by tariffs, increasing hardware costs and diminishing miner profits.
CleanSpark, a US-based mining firm, encountered $185 million in liabilities in July after the US Customs and Border Protection (CBP) asserted that some of its mining hardware orders came from China.
IREN, another US crypto miner, faced a $100 million charge due to claims that its hardware was subject to elevated trade duties.
The tariffs could also lower mining hardware costs outside the US, placing US-based miners at a competitive disadvantage and diminishing the nation’s share of global hashrate, the computing power dedicated to securing crypto networks.
Loss of hash power would jeopardize the Trump administration’s declared aim to establish the US as the leading global hub for crypto.
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