H.R. 8170

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8170 Introduced in House (IH)]

<DOC>

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.
<all>