[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4281 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4281
To provide for export restrictions on certain semiconductor
manufacturing equipment and components therefor, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 2026
Mr. Ricketts (for himself, Mr. Kim, Mr. Risch, and Mr. Schumer)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban 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 (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
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, Hua Hong Semiconductor Limited, Huawei
Technologies Company, Semiconductor Manufacturing International
Corporation, and Yangtze Memory Technologies Corporation are
engaged in efforts to produce advanced-node integrated circuits
that are 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 overcome exports controls to develop
advanced-node integrated circuit production capabilities, and
such companies should not be permitted to utilize or benefit
from United States or allied technology or components;
(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; and
(9) securing a diplomatic agreement, including through the
use of positive incentives to encourage adoption of these
controls, is the best and most sustainable path to alignment.
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) shall--
(A) submit to the appropriate congressional
committees a list of all such equipment and facilities;
and
(B) notify the public in the Federal Register when
this submission has occurred.
(b) Diplomatic Engagement.--
(1) In general.--The covered agency heads shall prioritize
and, upon the date of the enactment of this Act, immediately
engage in diplomatic efforts to encourage the governments of
allied supplier countries to adopt--
(A) countrywide controls, or other policies that
have the same practical effect as countrywide controls,
on covered semiconductor manufacturing equipment that
are subject to the jurisdiction of such allied supplier
country; 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
facility, with a policy of denying such license.
(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 positive incentives to
encourage adoption of these controls; and
(C) identifies--
(i) countries that have not adopted the
controls described in paragraph (1)(A);
(ii) countries that have not adopted the
controls described in paragraph (1)(B); and
(iii) measures that the United States has
taken to implement the controls described in
subparagraphs (A) and (B) of paragraph (1).
(c) Application of Controls and Exhaustion of Diplomatic
Recourse.--
(1) Application of controls.--Not later than 150 days after
the date of the enactment of this Act, and annually thereafter,
the Secretary of Commerce, in consultation with the Secretary
of State, shall issue regulations that--
(A) apply countrywide controls to covered
semiconductor manufacturing equipment produced in the
United States; and
(B) apply comprehensive end-user or end-use
restrictions to all covered facilities located in
countries of concern.
(2) Exhaustion of diplomatic recourse.--Except as provided
in paragraph (4), for each allied supplier country, the covered
agency heads shall jointly certify, not later than 150 days
after the date of the enactment of this Act, to the appropriate
congressional committees that either--
(A) the country has implemented--
(i) countrywide controls, or policies that
have the same practical effect, on all
semiconductor manufacturing equipment that is
subject to the jurisdiction of the allied
supplier country; and
(ii) licensing requirements, with a policy
of denying the license, for the export of all
applicable items to any covered facility, or
other policies with the same practical effect;
or
(B)(i) the country has not adopted the controls
described in subparagraph (A) or (B) of subsection
(b)(1);
(ii) the covered agency heads have prioritized and
exhausted available diplomatic channels;
(iii) such channels have failed to secure export
controls from the allied supplier country that have the
same practical effect as those described in
subparagraphs (A) and (B) of subsection (b)(1); and
(iv) continued delay would materially undermine the
national security of the United States.
(3) Extension of controls.--For each allied supplier
country for which the covered agency heads submitted a
certification described in paragraph (2)(B), the Secretary of
Commerce, in consultation with the Secretary of State, shall
issue regulations that--
(A) establish jurisdiction over and apply
countrywide controls, by directly controlling the
equipment, indirectly restricting the end-use of
essential components of such equipment, or both, to
covered semiconductor manufacturing equipment exported
from the allied supplier country;
(B) require a license for the servicing of any
applicable item that is also subject to the
jurisdiction of the allied supplier country in any
covered facility located in a country of concern and
implement a policy of denying the license for such
servicing; and
(C) establish jurisdiction over applicable items
from the allied supplier country and apply end-user or
end-use controls prohibiting the export of such items
to any covered facility.
(4) National security waiver.--The covered agency heads may
jointly grant a one-time waiver to extend the 150-day deadline
for certification under paragraph (2) by not more than 90 days,
if the covered agency heads, with concurrence from the
Secretary of Defense and the Secretary of Energy, jointly--
(A) submit a report to the appropriate
congressional committees describing--
(i) justification for why the deadline
could not be met; and
(ii) the interim steps the covered agency
heads have taken to prevent stockpiling; and
(B) determine and certify to the appropriate
congressional committees that--
(i) 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
(ii) the government of the allied supplier
country is taking concrete, verifiable steps,
pursuant to their domestic laws and regulations
and as expeditiously as possible, to adopt and
implement controls that have the same practical
effect as, or are more stringent than, the
controls that would otherwise be imposed under
paragraph (3).
(d) 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 entities that own or operate a covered
facility;
(3) the scope of the countrywide controls imposed by the
United States and allied supplier countries on each covered
semiconductor manufacturing equipment identified pursuant to
paragraph (1);
(4) a summary of diplomatic engagements and unilateral
actions undertaken by the covered agency heads in the 12-months
period prior to the submission of the report to close any gap
among allied supplier countries in the countrywide controls
imposed by such countries for covered semiconductor
manufacturing equipment; and
(5) a certification that the export of any covered
semiconductor manufacturing equipment to a country of concern
and the export of any applicable items to any covered facility,
or servicing of any such item located in a country of concern,
requires a license issued by the United States or an allied
supplier country, with a policy of denying such license.
(e) Termination and Reimposition of Controls Upon Allied Action.--
(1) Termination or modification.--The Secretary of
Commerce, in consultation with the Secretary of State, may
terminate or modify any control imposed under subsection (c)(3)
for items exported from an allied supplier country, if the
country has established controls, including licensing policies,
that have the same practical effect as those described in
subsection (b)(1).
(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 that justified the
termination or modification under paragraph (1), the Secretary
of Commerce shall, in consultation with the Secretary of State
and 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)(3)
that was terminated or modified under paragraph (1).
(f) Rule of Construction.--Nothing in this Act may be construed as
diminishing or superseding the authority of the Secretary of Commerce
to control the export, reexport, or in-country transfer of items under
the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.).
(g) 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 United States-origin item;
(B) a foreign-produced item that is the direct
product of, or produced by plants or major components
that are the direct product of, United States-origin
software or technology subject to the Export
Administration Regulations;
(C) a foreign-produced item with more than zero
percent de minimis United States-origin content; and
(D) 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 and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(5) Capabilities comparable to those of the product sold by
the global market leader.--The term ``capabilities comparable
to those of the product sold by the global market leader''
means, considering cost, throughput, reliability, precision,
and any other relevant factors, advanced-node integrated
circuit makers headquartered outside of countries of concern,
when selecting a tool for use in high-volume manufacturing,
would be indifferent about using, or would prefer to use, the
tool produced by the country of concern, rather than a tool
sold by the company with the greatest share of the global
market for tools used to accomplish the same function.
(6) Country of concern.--The term ``country of concern''
has the meaning given the term ``covered nation'' in section
4872(f) of title 10, United States Code.
(7) Countrywide controls.--The term ``countrywide
controls'' means licensing requirements, with a policy of
denying any such license, for the export, reexport, in-country
transfer, or servicing of specified items to any destination
within a 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 the ultimate parent
company of which is headquartered, outside of any country of
concern.
(8) Covered agency heads.--The term ``covered agency
heads'' means the Secretary of Commerce, acting through the
Under Secretary of Commerce for Industry and Security, and the
Secretary of State.
(9) Covered facility.--The term ``covered facility''
means--
(A) a facility engaged in the production of
advanced-node integrated circuits which is owned or
operated by an entity headquartered in, or whose
ultimate parent company is headquartered in, a country
of concern; or
(B) any facility owned or operated by, or in common
ownership or control with--
(i) any entity referenced in subparagraphs
(A) or (B) of section 5949(j)(3) of the James
M. Inhofe National Defense Authorization Act
for Fiscal Year 2023 (Public Law 117-263; 41
U.S.C. 4713 note);
(ii) Hua Hong Semiconductor Limited;
(iii) Huawei Technologies Company;
(iv) any producer, manufacturer, or
developer of semiconductor manufacturing
equipment that is headquartered in, or the
ultimate parent company of which is
headquartered in, a country of concern; or
(v) 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 any
of clauses (i) through (iv).
(10) 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 sufficient
volumes 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, as of
the date of the enactment of this Act, require
a license for the export, reexport, 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; and
(iii) all semiconductor manufacturing
equipment or components specified in Export
Control Classification Number 3B993 (as in
effect on the date of the enactment of this
Act) except any item the covered agency heads
determine do not meet the requirements of
subparagraph (A).
(11) 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).
(12) In sufficient volumes.--The term ``in sufficient
volumes'' means in volumes sufficient to meet 75 percent of
current demand from all countries of concern.
(13) 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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