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Nvidia Warns U.S. GAIN AI Act Could Harm Competition, Echoes AI Diffusion Rule

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Nvidia criticized the proposed GAIN AI Act on Friday, warning that it would restrict global competition and hurt the U.S. economy much like last year’s AI Diffusion Rule, which limited the export of high-performance chips.

The Guaranteeing Access and Innovation for National Artificial Intelligence Act, introduced as part of the National Defense Authorization Act, would require AI chipmakers to prioritize domestic orders before fulfilling foreign contracts. Exporters would also need licenses to ship chips above certain performance thresholds, specifically processors rated 4,800 or higher in total computing power.

In a statement, Nvidia argued the law addresses a non-existent issue:

“We never deprive American customers in order to serve the rest of the world. In trying to solve a problem that does not exist, the proposed bill would restrict competition worldwide in any industry that uses mainstream computing chips.”

The Act mirrors the AI Diffusion Rule enacted under President Joe Biden, which rationed computing capacity among allies while cutting off rivals like China. Both measures reflect Washington’s effort to secure U.S. access to advanced silicon and limit China’s AI capabilities, particularly amid concerns about its military applications.

The debate comes just weeks after President Donald Trump struck a deal with Nvidia allowing the company to resume certain AI chip exports to China in exchange for the U.S. government receiving a cut of sales—an unprecedented arrangement underscoring the geopolitical stakes around advanced semiconductors.

If enacted, the GAIN AI Act could reshape the global AI hardware supply chain, tightening U.S. control over who gets access to the most powerful chips.

AI Leaders Urge U.S. to Boost Exports and Infrastructure to Stay Ahead of China

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Top executives from OpenAI, Microsoft, and AMD warned U.S. lawmakers on Thursday that the country risks losing its lead in artificial intelligence to China unless it expands infrastructure, loosens AI chip export restrictions, and strengthens workforce training. Their testimony before the U.S. Senate Commerce Committee, chaired by Senator Ted Cruz, emphasized the urgent need for pro-growth AI policies to counter China’s rapid advancements.

The call to action follows China’s DeepSeek AI breakthrough last year and Huawei’s rollout of advanced AI chips, both of which have shaken Washington’s confidence in maintaining AI dominance.

“The number-one factor that will define whether the U.S. or China wins this race is whose technology is most broadly adopted in the rest of the world,” said Brad Smith, President of Microsoft. He added that Microsoft has banned internal use of DeepSeek due to data privacy and propaganda concerns.
“The lesson from Huawei and 5G is that whoever gets there first will be difficult to supplant.”

Key Takeaways from the Senate Hearing:

  • OpenAI CEO Sam Altman emphasized the need for massive infrastructure investment, including data centers and power generation, to fuel AI’s growth.

  • AMD CEO Lisa Su highlighted the importance of maintaining competitiveness in AI chip design while also ensuring export flexibility.

  • Smith called for broader AI education, R&D funding, and skilled labor development, including more electricians for AI facilities.

The tech industry is pushing back against Biden-era AI export rules that aimed to limit China’s access to powerful AI chips. In response, the Trump administration is preparing to rescind those curbs and replace them with a new framework — a move praised by Cruz, Altman, and Su during the session.

“The Biden administration’s misguided midnight AI diffusion rule on chips and model weights would have crippled American tech companies’ ability to sell AI to the world,” Cruz said.

China’s DeepSeek, based in Hangzhou, made waves by launching a powerful, cost-effective AI model competitive with OpenAI and Meta — a move that intensified pressure on U.S. lawmakers to act quickly.

Meanwhile, Huawei is preparing to mass-ship advanced AI chips to Chinese customers despite ongoing U.S. trade restrictions.

With national security, economic leadership, and technological supremacy at stake, AI executives stressed that global market penetration—not just technical capability—will determine who wins the AI race.