S. 4281

119 S4281 IS: Multilateral Alignment of Technology Controls on Hardware (MATCH) Act
 U.S. Senate
 2026-04-13
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 4281  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.
1.
Short title
This Act may be cited as the   Multilateral Alignment of Technology Controls on Hardware (MATCH) Act  .
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.
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.