Sec. 3. Fast-tracking sales to Taiwan under foreign military sales program

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Not later than 1 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 relevant coordinating entities, such as the National Disclosure Policy Committee and the Arms Transfer and Technology Release Senior Steering Group, shall— compile and submit to the relevant congressional committees a list of available and emerging military platforms, technologies, and equipment; and upon listing such platforms, technologies, and equipment, pre-clear and prioritize for sale and release to Taiwan through the Foreign Military Sales program such platforms, technologies, and equipment.

The items pre-cleared for sale pursuant to paragraph (1)— shall represent a full-range of 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)(4). The Secretary State may exclude an item from the list described in paragraph (1)(A) if the Secretary of State submits to the appropriate congressional committees a determination that the costs of providing such items, including the potential costs of technology slippage, exceeds the costs to the United States of failing to arm Taiwan with such items, including the likelihood of being drawn into conflict with the People’s Republic of China.

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 list compiled pursuant to section 2(b)(4) 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). The Secretary of Defense shall require that contractors awarded Department of Defense contracts to provide items for sale to Taiwan under the Foreign Military Sales program shall, as a condition of receiving such contracts, expedite and prioritize the production of such items above the production of other Foreign Military Sales items regardless of the order in which contracts were signed. The requirement 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.