119-S1744

Bill is currently in: Senate
Path to Law
House Senate President

119th CONGRESS

1st Session

S. 1744

1. Short title
2. Modification of certification and reporting requirements under the Arms Export Control Act
3. Expedited licensing for allies transferring military equipment to Taiwan

1. Short title

This Act may be cited as the "Providing Our Regional Companions Upgraded Protection in Nefarious Environments Act" or "PORCUPINE Act".

2. Modification of certification and reporting requirements under the Arms Export Control Act

The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended—

(1) - in section 3 (22 U.S.C. 2753)—

(A) - in subsection (b)(2), by inserting "the Government of Taiwan," before "or the"; and

(B) - in subsection (d)—

(i) - in paragraph (2)(B), by striking "or New Zealand" and inserting "New Zealand, or Taiwan";

(ii) - in paragraph (3)(A)(i), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and

(iii) - in paragraph (5), by striking "or New Zealand" and inserting "New Zealand, or Taiwan";

(2) - in section 21 (22 U.S.C. 2761)—

(A) - in subsection (e)(2)(A), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and

(B) - in subsection (h)—

(i) - in paragraph (1)(A), by striking "or Israel" and inserting "Israel, or Taiwan"; and

(ii) - in paragraph (2), by striking "or Israel" and inserting "Israel, or Taiwan";

(3) - in section 36 (22 U.S.C. 2776)—

(A) - in subsection (b)—

(i) - in paragraph (1), in the undesignated matter following subparagraph (P), in the second sentence, by striking "or New Zealand" and inserting "New Zealand, or Taiwan";

(ii) - in paragraph (2), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and

(iii) - in paragraph (6), in the matter preceding subparagraph (A), by striking "or New Zealand" and inserting "New Zealand, or Taiwan";

(B) - in subsection (c)—

(i) - in paragraph (2)(A), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and

(ii) - in paragraph (5), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and

(C) - in subsection (d)(2)(A), by striking "or New Zealand" and inserting "New Zealand, or Taiwan";

(4) - in section 62(c)(1) (22 U.S.C. 2796a(c)(1)), by striking "or New Zealand" and inserting "New Zealand, or Taiwan"; and

(5) - in section 63(a)(2) (22 U.S.C. 2796b(a)(2)), in the matter preceding subparagraph (A), by striking "or New Zealand" and inserting "New Zealand, or Taiwan".

3. Expedited licensing for allies transferring military equipment to Taiwan

(a) In general - Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall establish an expedited decision-making process for blanket third party transfers of defense articles and services from North Atlantic Treaty Organization member countries, Japan, Australia, the Republic of Korea, Israel, or New Zealand to Taiwan, including transfers and re-transfers of United States origin grant, Foreign Military Sales, and Direct Commercial Sales end-items not covered by an exemption under the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations.

(b) Availability - The expedited decision-making process described in subsection (a)—

(1) - shall be available for classified and unclassified items; and

(2) - shall, to the extent practicable—

(A) - require the approval, return, or denial of any licensing application to export defense articles and services that is related to a government-to-government agreement within 15 days after the submission of such application; and

(B) - require the completion of the review of all other licensing requests not later than 30 days after the submission of such application.

(c) Report - Not later than 1 year after the date on which the expedited decision-making process under subsection (a) is established, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation and effectiveness of such process, including an assessment of the actions taken to coordinate with North Atlantic Treaty Organization member countries, Japan, Australia, the Republic of Korea, Israel, and New Zealand to ensure alignment with the respective export control regulations of such countries.