S. 4281

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4281 Introduced in Senate (IS)]

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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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