(a) Preclearance of certain foreign military sales items(1) In generalNot later than 1 year after December 23, 2022, 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, the Arms Transfer and Technology Release Senior Steering Group, and other appropriate entities, 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.
(2) Rules of construction(A) Selection of itemsThe list compiled pursuant to paragraph (1) 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.
(B) Notifications requiredNothing in this chapter may be construed to supersede congressional notification requirements under the Arms Export Control Act (22 U.S.C. 2751 et. seq.).
(b) Prioritized processing of foreign military sales requests from Taiwan(1) RequirementThe Secretary of State and the Secretary of Defense 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.
(2) DurationThe requirement under paragraph (1) shall continue until the Secretary of State determines and certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the threat to Taiwan has significantly abated.
(c) Interagency policyThe 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 provisions of this section.
(Pub. L. 117–263, div. E, title LV, § 5507, Dec. 23, 2022, 136 Stat. 3301.)
Editorial Notes
References in TextThis chapter, referred to in subsec. (a)(2)(B), was in the original “this Act”, meaning Pub. L. 117–263, div. E, title LV, subtitle A (§§ 5501–5540), Dec. 23, 2022, 136 Stat. 3292, known as the Taiwan Enhanced Resilience Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3351 of this title and Tables.
The Arms Export Control Act, referred to in subsec. (a)(2)(B), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.