H.R. 7146 — PORCUPINE Act

This section amends the Arms Export Control Act to add Taiwan to existing lists of countries (alongside Australia, New Zealand, Israel, Japan, and others) exempt from certain certification prerequisites, sales notification thresholds, and congressional reporting requirements for defense articles, services, leases, and credits (in 22 U.S.C. 2753, 2761, 2776, 2796a, and 2796b). (Thus, arms transfers to Taiwan qualify for streamlined procedures previously available only to specified allies.) It further requires the Secretary of State to submit to the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs, not later than two years after enactment and every two years thereafter, a report on the implementation and effectiveness of these amendments.

This section directs the Secretary of State, not later than 90 days after the date of enactment, to assess the feasibility of establishing an expedited decision-making process for third-party transfers of defense articles and services from North Atlantic Treaty Organization (NATO) member countries, Japan, Australia, the Republic of Korea, New Zealand, or Israel to Taiwan—including transfers and re-transfers of U.S.-origin items from grants, Foreign Military Sales, or Direct Commercial Sales not exempt under the International Traffic in Arms Regulations. The assessment must include (1) the availability of such a process for classified and unclassified items, and (2) the feasibility of requiring approval, return, or denial of licensing applications related to government-to-government agreements within 15 days of submission and completion of review for all other licensing requests within 30 days of submission. Not later than 180 days after enactment, the Secretary of State must brief the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs on the assessment's results.