Sec. 3. Fast-tracking sales to Taiwan under Foreign Military Sales program
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/bill/117/s/4129/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense and in conjunction with coordinating entities such as the National Disclosure Policy Committee and the Arms Transfer and Technology Release Senior Steering Group, shall compile a list of available and emerging military platforms, technologies, and equipment that are pre-cleared and prioritized for sale and release to Taiwan through the Foreign Military Sales program.
The Department of Defense shall serve as the lead Federal agency for purposes of making final determinations when disputes arise between agencies about the appropriateness of specific items for sale to Taiwan. The items pre-cleared for sale pursuant to paragraph
(1)shall represent a full range of key asymmetric capabilities as well as the conventional capabilities informed by United States readiness and risk assessments and determined by Taiwan to be required for various wartime scenarios and peacetime duties, and shall include each item on the list of approved items compiled by the Secretary of Defense pursuant to section 2(b)(5) unless the Secretary of State includes a determination for any excluded item that the costs to the United States of the failure to arm Taiwan with such item, including the likelihood of being drawn into conflict with the People's Republic of China, are less likely to be incurred, and would be less costly if incurred, than the potential costs, such as technology slippage, associated with providing such item. The list compiled pursuant to section 2(b)(5) shall not be construed as limiting the type, timing, or quantity of items that may be requested by, or sold to, Taiwan under the Foreign Military Sales program. The Secretary of Defense and the Secretary of State shall prioritize and expedite the processing of requests from Taiwan under the Foreign Military Sales program, and may not delay the processing of requests for bundling purposes. The requirement under paragraph
(1)shall continue until the Secretary of Defense determines and certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the threat to Taiwan has significantly abated. Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 10 years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing steps taken to implement the requirement under paragraph (1). Contractors awarded Department of Defense contracts to provide items for sale to Taiwan under the Foreign Military Sales program shall be required, as a condition of receiving such contracts, to expedite and prioritize the production of such items above the production of other items regardless of the order in which contracts were signed. The requirement under paragraph
(1)shall continue until the Secretary of Defense determines and certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the threat to Taiwan has significantly abated. Contractors covered under paragraph
(1)shall be required to report annually to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on efforts to expedite and prioritize production as required under such paragraph. The Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to Foreign Military Sales requests from Taiwan, including incorporating the preclearance and prioritization provisions of this section.