PORCUPINE Act
Officially: “PORCUPINE Act” Read the full text
What it does
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1Short title
This section would give the Act the short title 'Providing Our Regional Companions Upgraded Protection in Nefarious Environments Act,' also called the PORCUPINE Act.
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1. Short title This Act may be cited as the Providing Our Regional Companions Upgraded Protection in Nefarious Environments Act or PORCUPINE Act .
2Modification of certification and reporting requirements under the Arms Export Control Act
This section would amend several provisions of the Arms Export Control Act (22 U.S.C. 2751 and following) so that Taiwan is added to lists of foreign countries that, in each of these provisions, already include New Zealand or Israel. In most places the change works by replacing text that currently reads 'or New Zealand' with 'New Zealand, or Taiwan,' so Taiwan becomes an additional listed country. Specifically: in section 3 of the Act (22 U.S.C. 2753), it adds a reference to 'the Government of Taiwan' into the list of entities in subsection (b)(2), and adds Taiwan to the New Zealand list in subsection (d) at paragraph (2)(B), paragraph (3)(A)(i), and paragraph (5). In section 21 (22 U.S.C. 2761), it adds Taiwan to the New Zealand list in subsection (e)(2)(A), and separately adds Taiwan to the Israel list in subsection (h)(1)(A) and subsection (h)(2) (there the change replaces 'or Israel' with 'Israel, or Taiwan'). In section 36 (22 U.S.C. 2776), it adds Taiwan to the New Zealand list in subsection (b) at paragraphs (1), (2), and (6), in subsection (c) at paragraphs (2)(A) and (5), and in subsection (d)(2)(A). It also adds Taiwan to the New Zealand list in section 62(c)(1) (22 U.S.C. 2796a(c)(1)) and in section 63(a)(2) (22 U.S.C. 2796b(a)(2)). The bill's own description states that the purpose of these changes is to make Taiwan subject to the same shorter certification and reporting periods that these provisions already apply to New Zealand and Israel. This bill text does not itself spell out what those certification and reporting periods require; that is set by the underlying provisions of the Arms Export Control Act being amended, which are not part of this bill's text.
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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 .
3Expedited licensing for allies transferring military equipment to Taiwan
This section would require the Secretary of State, not later than 90 days after the bill becomes law, to 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. This expedited process would cover transfers and re-transfers of United States-origin items obtained through grants, Foreign Military Sales, or Direct Commercial Sales that are not already covered by an exemption under the International Traffic in Arms Regulations (specifically under subchapter M of chapter I of title 22 of the Code of Federal Regulations). The expedited process would have to be available for both classified and unclassified items. To the extent practicable, it would also have to require the approval, return, or denial of any licensing application to export defense articles and services that relates to a government-to-government agreement within 15 days after that application is submitted, and require completion of the review of all other licensing requests not later than 30 days after submission. Not later than 1 year after the expedited process is established, the Secretary of State would have to submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the implementation and effectiveness of the process. That report would have to include 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 the expedited process aligns with each of those countries' own export control regulations.
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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.
Where it is
In the Senate.