The US Senate passed controversial legislation on October 9, 2025, that would force US chip manufacturers to sell their most advanced processors to domestic customers first.
The GAIN AI Act, included in the annual defense spending bill, has sailed through the Senate with a majority 77-20 votesBut it faces an uncertain future that could affect cryptocurrency miners around the world.
What the GAIN Act does
The National AI Access and Innovation Ensuring Act of 2025 changes how companies like Nvidia and AMD can sell their high-performance chips. Under the new rules, these manufacturers must give priority to American buyers before shipping products abroad, especially to China and other countries deemed security concerns.
The law sets specific technical standards to which chips are subject to these restrictions. Any processor with a Processing Performance Score of 2400 or higher will need special approval for export. Chips scoring 4,800 or higher — including Nvidia’s H100 and B300 models — would face a complete export ban.
Companies wanting to export chips must prove several things: U.S. customers got first chance to buy, no U.S. orders are waiting, foreign buyers don’t get better prices, and exports won’t reduce chip manufacturing capacity. Local buyers.
“Today, the Senate acted to ensure that American customers — including small businesses and startups — won’t have to wait in line behind China’s tech giants when purchasing the latest AI chips,” said Senator Elizabeth Warren, who co-sponsored the bill.
Industry response and White House concerns
Nvidia strongly opposes this legislation. The company called the proposal “deadly science fiction” and said it solves a problem that doesn’t exist. Nvidia maintains that its global sales don’t hurt US customers and actually help US companies by expanding markets.
The chipmaker’s data shows the U.S. already accounts for nearly half of its business. In fiscal year 2024, America accounted for 49.9% of NVIDIA’s revenues, while China accounted for only 13%.
source: congress.gov
The White House also has reservations. David Sachs, the administration’s lead adviser on artificial intelligence and cryptocurrencies, urged senators to remove the GAIN Act from the defense bill. The Trump administration favors deregulation and wants to expand US technology exports rather than restrict them.
Why Cryptocurrency Miners Matter
While the GAIN Act targets artificial intelligence and high-performance computing chips, cryptocurrency miners could face unintended consequences. The legislation does not specifically mention cryptocurrency mining, but it could lead to the creation of… Supply chain problems For mining operations.
Cryptocurrency miners rely on powerful GPUs to verify blockchain transactions and earn digital currency. When chip manufacturers must fulfill all domestic orders first, global miners may face longer wait times and higher equipment prices.
Export restrictions may tighten equipment availability for international mining operations. Congressional approval requirements for exports of advanced processors may result in licensing delays, reducing chip sizes available to miners. This pressure on supply typically results in higher equipment costs and lower profit margins.
Recent trade enforcement has already caused headaches for US mining companies. CleanSpark has faced $185 million in claims from customs officials on imported equipment. The GAIN Act could add another layer of complexity to an already difficult procurement environment.
Some analysts warn that miners should prepare for immediate bottlenecks in hardware if the law goes into effect. Recommended strategies include securing early purchase commitments, diversifying suppliers, and scouting Secondary markets For used equipment.
The legislative path forward
The GAIN Act passed the Senate but has not yet become law. The House of Representatives already passed its version of the defense bill in September, without the chip priority provision. Now both chambers must negotiate a compromise through a conference committee.
That means the final law could look different than what the Senate approved. This provision may be modified, weakened, or removed entirely during negotiations. Several factors will influence the outcome: House Republican preferences, White House pressure to deregulate, and pressure from chip manufacturers.
Proponents say America needs to secure its AI infrastructure during a period of global competition. Advanced chips “are currently constrained in supply, meaning every advanced chip sold abroad is a chip that the United States cannot use to accelerate American R&D and economic growth,” said Brad Carson, president of Americans for Responsible Innovation.
Critics say the restrictions would be counterproductive. They say limiting exports weakens the global competitiveness of American companies and harms the same domestic buyers the law is intended to protect. Lower revenue from international sales means less money for research and development of next-generation chips.
The debate reflects broader tensions between national security concerns and free market principles. Similar discussions have emerged during previous discussions on chip export controls under the Trump and Biden administrations.
Timing and market context
The legislation arrives at a time when the semiconductor industry faces multiple challenges. Trade tensions between the United States and China continue to escalate. Tariffs and export controls are already complicating international chip sales.
At the same time, demand for high-performance processors remains strong across multiple sectors. AI development, gaming, data centers, and cryptocurrency mining are all competing for a limited supply of chips. Manufacturing capacity is struggling to keep up with orders, leading to months-long backlogs Advanced processors.
Recent data indicates that cryptocurrency mining activity has slowed compared to previous years. Bitcoin mining difficulty declined in early 2025, and US-based miners reduced hardware orders in late 2024. This cooling period may mitigate some of the impact if chip constraints further tighten supply.
Bottom line
The GAIN Act represents a potential shift in how America manages strategic technology exports. For cryptocurrency miners, the threat is not immediate but is worth monitoring. Supply chain disruptions could occur within months if the law is passed and manufacturers reprioritize shipments.
Miners should monitor House negotiations on the defense bill and prepare contingency plans regardless of the outcome. Diversifying equipment suppliers and maintaining larger inventories would help address potential shortages. The legislative process is likely to end before the end of the year, clarifying the ambiguous situation.
