S. 1744 — PORCUPINE Act

This section amends the Arms Export Control Act to add Taiwan to exemptions from certain presidential certification and congressional reporting requirements for defense article and service sales—previously applicable to Australia, New Zealand, and in some cases Israel—in sections 3 (22 U.S.C. 2753), 21 (22 U.S.C. 2761), 36 (22 U.S.C. 2776), 62 (22 U.S.C. 2796a), and 63 (22 U.S.C. 2796b). (As background, these exemptions streamline arms sales oversight for close allies by reducing end-use monitoring certifications and notification thresholds.) It further requires the Secretary of State to submit a report 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, on the implementation and effectiveness of these amendments.

This section directs the Secretary of State, not later than 90 days after 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 certain U.S.-origin items (i.e., grant aid, Foreign Military Sales, and Direct Commercial Sales end-items not exempt under the International Traffic in Arms Regulations). The assessment must address (1) availability of such a process for classified and unclassified items and (2) feasibility of requiring decisions on government-to-government licensing applications within 15 days and reviews of other applications within 30 days. Not later than 180 days after enactment, the Secretary must brief the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs on the assessment.