The PORCUPINE Act amends the Arms Export Control Act to include Taiwan in specific certification and reporting requirements and mandates a feasibility study for expediting military equipment transfers to Taiwan by allies.
Pete Ricketts
Senator
NE
The PORCUPINE Act amends the Arms Export Control Act to include Taiwan in specific certification and reporting requirements. It also mandates a feasibility assessment for expediting the licensing process for allies transferring military equipment to Taiwan. The legislation is intended to enhance security cooperation while affirming existing U.S. policy as established by the Taiwan Relations Act.
The aptly named PORCUPINE Act—officially the Providing Our Regional Companions Upgraded Protection in Nefarious Environments Act—is a focused piece of legislation aimed at tightening up defense reporting and speeding up arms transfers to Taiwan. This bill doesn’t change the foundational U.S. policy toward Taiwan, but it significantly alters the procedural nuts and bolts of how the U.S. manages defense exports involving the island. Specifically, it amends the Arms Export Control Act to include Taiwan in various reporting and certification requirements that currently apply to key allies like Israel and New Zealand. This means increased transparency and oversight regarding defense articles sent to Taiwan, integrating it more formally into existing U.S. defense export structures.
Section 2 of the PORCUPINE Act is all about putting Taiwan on the same procedural footing as some of our closest security partners. Currently, when the U.S. sells or transfers defense items, certain reports and certifications have to be filed with Congress for specific countries. This bill updates numerous sections of the Arms Export Control Act to explicitly add “Taiwan” to these lists. Think of it like this: if you’re a government official handling a major arms deal, you now have the exact same paperwork and congressional notification requirements for a transfer to Taiwan as you would for a transfer to Israel or New Zealand. This change mandates more consistent scrutiny and reporting, which is good for accountability but adds to the workload for the State Department officials who manage these complex international transfers.
Perhaps the most forward-looking part of the bill is Section 3, which mandates a feasibility assessment by the Secretary of State. The core question: Can the U.S. create an expedited decision-making process for key allies—including NATO members, Japan, Australia, and others—to transfer U.S.-origin military equipment to Taiwan? This is a big deal because many allies have older U.S. equipment that could be useful to Taiwan, but the current re-transfer licensing process can be slow and cumbersome. The assessment has to look at the possibility of setting extremely tight deadlines for the State Department: 15 days for licensing applications related to government-to-government agreements and 30 days for all other licensing requests.
For the Department of State and the defense industry, these potential 15- and 30-day deadlines are where the rubber meets the road. While the goal is to quickly bolster Taiwan’s defense, the reality is that sensitive defense article transfers require intense vetting to ensure the equipment doesn't fall into the wrong hands or violate other agreements. If the feasibility study recommends moving forward with these timelines, it could force officials to make quick decisions on complex national security issues. For a defense contractor or an allied nation, this streamlined process could be a huge win, potentially cutting months off the timeline for getting necessary equipment to Taiwan. However, the risk is that speed might compromise the thorough security reviews needed for highly sensitive equipment. This section only mandates a study, but it sets the stage for potentially aggressive changes to how the U.S. manages third-party defense transfers.
Finally, the PORCUPINE Act includes a clear expiration date. Section 5 states that the entire law will automatically expire and cease to be in effect seven years after enactment. This is a crucial detail for modern legislation, as it ensures that the changes—particularly the outcomes of the expedited licensing study—aren't permanent and must be reviewed and reauthorized by Congress after seven years. It provides a built-in mechanism for assessing whether these procedural changes actually worked as intended without creating permanent bureaucracy if they don't.