[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8170 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8170
To provide for export restrictions on certain semiconductor
manufacturing equipment and components therefor, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 2, 2026
Mr. Baumgartner (for himself, Mr. Moolenaar, Mr. McCormick, Mr.
Mannion, Mr. Golden of Maine, Mr. Huizenga, Mr. Shreve, Mr. Lawler, Mr.
Riley of New York, Ms. Goodlander, and Mr. Subramanyam) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for export restrictions on certain semiconductor
manufacturing equipment and components therefor, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multilateral Alignment of Technology
Controls on Hardware Act'' or the ``MATCH Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) export controls on semiconductor manufacturing
equipment and components represent one of the United States
most effective defenses of this foundational technology;
(2) advanced computing applications like artificial
intelligence are transforming military affairs and the balance
of power;
(3) the United States and its allies have an advantage in
the foundational technologies that underpin advanced computing
applications, including advanced-node integrated circuits and
production, and the equipment and software required to design
and produce advanced-node integrated circuits;
(4) robust controls on semiconductor manufacturing
equipment and components have been a bipartisan priority across
multiple administrations, reflecting a shared recognition that
protecting America's semiconductor advantage is essential to
national security;
(5) the adversaries of the United States are exploiting
gaps in the current export control regime;
(6) certain entities, including ChangXin Memory
Technologies (CXMT), Hua Hong, Semiconductor Ltd. (Hua Hong),
Huawei, Technologies Co. Ltd. (Huawei), Semiconductor
Manufacturing International Corporation (SMIC), Yangtze Memory
Technologies Corp. (YMTC), Advanced Micro-Fabrication Equipment
Inc. China (AMEC), Beijing E-Town Semiconductor Technology Co.,
Ltd. (E-Town Semiconductor), NAURA Technology Group Co., Ltd.
(NAURA), Piotech Semiconductor Equipment Co., Ltd. (Piotech),
ACM Research, Inc. (ACM Research), PNC Process Systems Co.,
Ltd. (PNC Process Systems), Skyverse Technology Co. (Skyverse),
Shanghai Micro Electronics Equipment (Group) (SMEE), Kingsemi
Co., Ltd. (Kingsemi), and Hwatsing Technology Co. Ltd.
(Hwatsing) are engaged in efforts to produce advanced-node
integrated circuits and especially crucial for the Military-
Civil Fusion efforts of the People's Republic of China and
warrant comprehensive export controls to prevent those
companies from accessing items made with United States
technologies;
(7) companies located in adversary countries that produce
semiconductor manufacturing equipment are critical to
adversaries' efforts to develop advanced-node integrated
circuit production capabilities and overcome export controls,
and should not be permitted to utilize or benefit from United
States or allied technology or components; and
(8) the United States Government should work closely with
allies and partners of the United States to align export
controls on semiconductor manufacturing equipment and
components to prevent gaps in controls, reduce the risk of
circumvention, and ensure a level global playing field.
SEC. 3. REPORT AND APPLICATION OF CONTROLS.
(a) Identifying Chokepoints.--Not later than 60 days after the date
of the enactment of this Act, and annually thereafter, the covered
agency heads shall--
(1) jointly conduct a review to identify all covered
semiconductor manufacturing equipment and all covered
facilities; and
(2) submit to the appropriate congressional committees a
list of all such equipment and covered facilities.
(b) Diplomatic Engagement.--
(1) In general.--The covered agency heads shall prioritize
and upon enactment of this Act immediately engage
diplomatically to seek for the governments of allied supplier
countries to adopt--
(A) countrywide controls on covered semiconductor
manufacturing equipment subject to the allied supplier
country's jurisdiction, or other controls and licensing
policies having the same practical effect; and
(B) license requirements for the export of all
applicable items to any covered facility, and the
servicing of all applicable items at any covered
facilities, with a licensing policy of denial.
(2) Briefing on diplomatic efforts.--Not later than 90 days
after the date of the enactment of this Act, the covered agency
heads shall provide a briefing to members of the appropriate
congressional committees that--
(A) describes the status of diplomatic efforts to
secure the adoption by allied supplier countries of the
controls described in paragraph (1);
(B) outlines and assesses incentives to encourage
adoption of these controls; and
(C) identifies--
(i) allied supplier countries that have not
adopted the controls described in paragraph
(1)(A);
(ii) allied supplier countries that have
not adopted the controls described in paragraph
(1)(B); and
(iii) measures that the United States has
taken or plans to take to implement the
controls described in paragraph (1).
(c) Exhaustion of Diplomatic Recourse and Application of
Controls.--
(1) Application of controls.--Not later than 150 days after
the enactment of this Act, and annually thereafter, the covered
agency heads shall publish regulations that--
(A) ensure all U.S. countrywide controls include
all U.S.-origin covered semiconductor manufacturing
equipment; and
(B) ensure all covered facilities in countries of
concern are subject to comprehensive U.S. restrictions.
(2) Exhaustion of diplomatic recourse.--By the date that is
150 days after the date of the enactment of this Act, the
covered agency heads shall jointly either--
(A) certify to the appropriate congressional
committees that all allied supplier countries have
implemented--
(i) countrywide controls over all covered
semiconductor manufacturing equipment subject
to the allied supplier country's jurisdiction,
or other controls and licensing policies having
the same practical effect; and
(ii) license requirements for all
applicable items, with a licensing policy of
denial, or other controls and licensing
policies having the same practical effect; or
(B) provide a list to the appropriate congressional
committees of any allied supplier countries that have
not implemented all controls described in subparagraph
(A)(i) or (ii).
(3) Extension of controls.--Unless the covered agency heads
provide the certification in subparagraph (A), the covered
agency heads shall issue regulations that--
(A) establish U.S. jurisdiction over and apply
countrywide controls to all covered semiconductor
manufacturing equipment and components therefor
exported from countries identified by the covered
agency heads under subsection (c)(2)(B), whether by
establishing jurisdiction over such items and applying
controls directly, or by restricting the end-uses of
essential components of such equipment that are already
subject to U.S. jurisdiction, or both;
(B) require a license for all servicing of any
applicable item located in any covered facility, and
implement a policy of denial for such servicing; and
(C) establish jurisdiction over, and apply end-user
or end-use controls prohibiting, the export from
countries identified by the covered agency heads under
subsection (c)(2)(B) of all applicable items to any
covered facility.
(d) National Security Waiver.--The covered agency heads may jointly
grant a one-time waiver to extend the 150-day deadline under subsection
(c) by not more than 90 days, if the covered agency heads, with
concurrence from the Secretary of Defense and the Secretary of Energy,
jointly--
(1) determine and certify to the appropriate congressional
committees that--
(A) the extension is in the national security
interest of the United States, despite the risk that
countries of concern may take advantage of the delay to
further stockpile covered semiconductor manufacturing
equipment; and
(B) the governments of an allied supplier country
or countries are taking concrete, verifiable steps,
pursuant to their domestic laws and regulations and as
expeditiously as possible, to adopt and implement
controls that are fully aligned with, or more stringent
than, the controls that would otherwise be imposed
under subsection (c)(3); and
(2) submit a report to the appropriate congressional
committees describing--
(A) the details justifying the national security
interest determination and progress that is intended to
be achieved by the extension; and
(B) the concrete and verifiable interim steps the
covered agency heads have taken to prevent stockpiling
of covered semiconductor manufacturing equipment by
countries of concern.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the covered agency
heads shall provide to the appropriate congressional committees a
report that includes--
(1) a list of all covered semiconductor manufacturing
equipment;
(2) a list of all covered facilities and all entities that
own or operate any covered facility;
(3) the scope of the controls described in subsection
(b)(1) imposed by the United States and allied supplier
countries for all covered semiconductor manufacturing equipment
identified pursuant to paragraph (1);
(4) a summary of diplomatic engagements and unilateral
actions undertaken in the 12-month period prior to the
submission of the report to close any gap in the controls
described in subsection (b)(1) among allied supplier countries;
and
(5) a certification that the export of all covered
semiconductor manufacturing equipment to a country of concern,
and the export, reexport, or transfer, or servicing of all
applicable items to any covered facility, requires a United
States or allied license and applications for such licenses
will be reviewed under a policy of denial.
(f) Termination and Reimposition of Controls Upon Allied Action.--
(1) Termination or modification.--If the covered agency
heads determine that an allied supplier country has implemented
all the controls in (c)(2)(A)(i) and (ii), the covered agency
heads may, upon notifying the appropriate congressional
committees of such determination, terminate or modify any
control imposed under subsection (c)(3) for items exported from
that allied supplier country.
(2) Reimposition.--If, after terminating or modifying a
control under paragraph (1), the covered agency heads determine
that the allied supplier country has materially weakened,
suspended, or revoked the control or licensing policy of denial
that justified the termination or modification under paragraph
(1), the covered agency heads shall, not later than 60 days
after making such determination--
(A) notify the appropriate congressional committees
of such determination; and
(B) reimpose the control under subsection (c)(2)
that was terminated or modified under paragraph (1).
(g) Administrative Procedure Act Rulemaking and Judicial Review.--
The provisions of section 1762 of the Export Control Reform Act of 2018
(50 U.S.C. 4821) shall apply to this Act in the same manner and to the
same extent as such provisions apply to the Export Control Reform Act
of 2018.
(h) Sunset.--
(1) Expiration.--This Act shall cease to have effect on the
date that is 5 years after the date of the enactment of this
Act.
(2) Continuation of prior obligations.--The expiration of
this Act under subsection (a) shall not affect any action,
proceeding, or obligation that was commenced or incurred prior
to such expiration.
(i) Definitions.--In this section:
(1) Advanced-node integrated circuits.--The term
``advanced-node integrated circuits'' has the meaning given
that term in section 772.1 of the Export Administration
Regulations.
(2) Allied supplier country.--The term ``allied supplier
country'' means any country that--
(A) is not a country of concern; and
(B) is engaged in the production of covered
semiconductor manufacturing equipment.
(3) Applicable item.--The term ``applicable item'' means
any item that is or can be made subject to the Export
Administration Regulations, including--
(A) a foreign-produced item that is the direct
product of, or produced by plants or major components
that are themselves the direct product of software or
technology subject to the Export Administration
Regulations;
(B) a foreign-produced item with more than zero
percent de minimis controlled United States-origin
content; and
(C) a foreign-produced item that contain United
States-origin or foreign-produced integrated circuits
that are presumptively designed or produced, directly
or indirectly, with technology, software, or equipment
that is subject to the Export Administration
Regulations.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(5) Country of concern.--The term ``country of concern''
means--
(A) the People's Republic of China, including the
Hong Kong and Macau Special Administrative Regions;
(B) the Republic of Cuba;
(C) the Islamic Republic of Iran;
(D) the Democratic People's Republic of Korea;
(E) the Russian Federation; and
(F) any other foreign country listed in the Country
Group D:5 under Supplement No. 1 to part 740 of the
Export Administration Regulations, as published on
January 1, 2026, that is designated by the Secretary of
State as a country of concern for purposes of this
section and for which notice of such designation has
been published in the Federal Register.
(6) Countrywide controls.--The term ``countrywide
controls'' means licensing requirements and a policy of denial
for the export, reexport, transfer or servicing of all
specified items to any destination within any country of
concern, excluding exports where the destination is a
fabrication facility that existed as of the date of the
enactment of this Act and remains owned and operated by a
company headquartered, and having an ultimate parent
headquartered, outside of any country of concern.
(7) Covered agency heads.--The term ``covered agency
heads'' means the Under Secretary of Commerce for Industry and
Security and the Secretary of State, in coordination with the
Secretary of Energy and the Secretary of Defense, or their
designees.
(8) Covered facility.--The term ``covered facility'' means
any facility--
(A) which is--
(i) located in a country of concern;
(ii) engaged in the production of advanced-
node integrated circuits; and
(iii) not a fabrication facility that--
(I) existed as of the date of the
enactment of this Act; and
(II) remains owned and operated by
a company which is headquartered and
has an ultimate parent headquartered
outside of any country of concern; or
(B) which is or ever has been owned or controlled
by, under common ownership or control with, or
manufacturing at the direction of--
(i) any entity described in section
5949(j)(3)(A) or (B);
(ii) Huawei or Hua Hong;
(iii) any producer, manufacturer, or
developer of semiconductor manufacturing
equipment that is headquartered in, or has an
ultimate parent headquartered in, a country of
concern; or
(iv) any entity that is a subsidiary,
affiliate, or successor to, or has a joint
venture, teaming agreement, joint development
or research agreement, technology transfer or
collaboration agreement, or other similar type
of arrangement with an entity described in
paragraph (10)(B)(i), (ii), or (iii).
(9) Covered semiconductor manufacturing equipment.--The
term ``covered semiconductor manufacturing equipment''--
(A) means semiconductor manufacturing equipment or
a component therefor that--
(i) is an applicable item; and
(ii) the covered agency heads determine no
country of concern produces in high volume and
with capabilities comparable to those of the
product sold by the global market leader, as of
the date of the enactment of this Act; and
(B) includes, at a minimum--
(i) all semiconductor manufacturing
equipment, materials, and software that at the
date of passage of this Act require a license
for export, re-export, or in-country transfer
to any destination in a country of concern;
(ii) all deep ultraviolet immersion
photolithography machines, through silicon via
deposition and etch tools, cryogenic etch
equipment, and cobalt deposition equipment,
regardless of overlay or other performance
characteristics; and
(iii) presumptively, all semiconductor
manufacturing equipment or components specified
in Export Control Classification Number 3B001,
3B002, or 3B993 as of the date of the enactment
of this Act, except any items the covered
agency heads determine are not covered
semiconductor manufacturing equipment.
(10) Export; in-country transfer; reexport; export
administration regulation.--The terms ``export'', ``in-country
transfer'', ``reexport'', and ``Export Administration
Regulations'' have the meanings given such terms in section
1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(11) Servicing.--The term ``servicing'' means any servicing
of equipment or components, whether in-person or remote,
including installation, calibration, repair, overhauling,
refurbishing, testing, diagnosing, updating software or
firmware, training, field services, application support
engineering, customization, technical assistance, process
adjustments, troubleshooting, and transfer of industry best
practices for maintenance.
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