I 

118TH CONGRESS 

1ST SESSION H. R. 5072 

To promote peace through strength in Taiwan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2023 

Mr. BANKS (for himself and Mr. PAPPAS) introduced the following bill; which 

was referred to the Committee on Foreign Affairs, and in addition to the 

Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To promote peace through strength in Taiwan, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Taiwan Peace through 

5 Strength Act of 2023’’. 


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1 SEC. 2. ANTICIPATORY POLICY PLANNING AND ANNUAL RE2 VIEW OF UNITED STATES WAR PLANS TO DE3 FEND TAIWAN. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, and annually thereafter, 

6 the Secretary of Defense shall conduct a classified review 

7 of United States war plans to defend Taiwan and share 

8 the results of the review with the Chairman and Ranking 

9 Member of the Committee on Armed Services of the Sen10 ate and the Committee on Armed Services of the House 

11 of Representatives. 

12 (b) ELEMENTS.—The review conducted under sub13 section (a) shall include the following elements: 

14 (1) An assessment of Taiwan’s current and 

15 near-term capabilities and United States force readi16 ness and the adequacy of United States conflict con17 tingency plans. 

18 (2) A comprehensive assessment of risks to the 

19 United States and United States interests, including 

20 readiness shortfalls that pose strategic risk. 

21 (3) A review of indicators of the near-term like22 lihood of the use of force by the People’s Liberation 

23 Army against Taiwan. 

24 (4) The compilation of a pre-approved list of 

25 military capabilities, including both asymmetric and 

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1 ational environment and to allow Taiwan to respond 

2 effectively to a variety of contingencies across all 

3 phases of conflict involving the People’s Liberation 

4 Army, that the Secretary of Defense has pre-cleared 

5 for Taiwan to acquire, and that would reduce the 

6 threat of conflict, thwart an invasion, and mitigate 

7 other risks to the United States and Taiwan. 

8 SEC. 3. FAST-TRACKING SALES TO TAIWAN UNDER FOR9 EIGN MILITARY SALES PROGRAM. 

10 (a) PRECLEARANCE OF CERTAIN FOREIGN MILITARY

11 SALES ITEMS.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of the enactment of this Act, and annually 

14 thereafter, the Secretary of State, in coordination 

15 with the Secretary of Defense and in conjunction 

16 with relevant coordinating entities, such as the Na17 tional Disclosure Policy Committee and the Arms 

18 Transfer and Technology Release Senior Steering 

19 Group, shall— 

20 (A) compile and submit to the relevant 

21 congressional committees a list of available and 

22 emerging military platforms, technologies, and 

23 equipment; and 

24 (B) upon listing such platforms, tech25 nologies, and equipment, pre-clear and 


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1 prioritize for sale and release to Taiwan 

2 through the Foreign Military Sales program 

3 such platforms, technologies, and equipment. 

4 (2) SELECTION OF ITEMS.—The items pre5 cleared for sale pursuant to paragraph (1)— 

6 (A) shall represent a full-range of asym7 metric capabilities as well as the conventional 

8 capabilities informed by United States readiness 

9 and risk assessments and determined by Tai10 wan to be required for various wartime sce11 narios and peacetime duties; and 

12 (B) shall include each item on the list of 

13 approved items compiled by the Secretary of 

14 Defense pursuant to section 2(b)(4). 

15 (3) EXCEPTION.—The Secretary State may ex16 clude an item from the list described in paragraph 

17 (1)(A) if the Secretary of State submits to the ap18 propriate congressional committees a determination 

19 that the costs of providing such items, including the 

20 potential costs of technology slippage, exceeds the 

21 costs to the United States of failing to arm Taiwan 

22 with such items, including the likelihood of being 

23 drawn into conflict with the People’s Republic of 

24 China. 


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1 (4) FINAL DETERMINATION OF DISPUTES.— 

2 The Department of Defense shall serve as the lead 

3 Federal agency for purposes of making final deter4 minations when disputes arise between agencies 

5 about the appropriateness of specific items for sale 

6 to Taiwan. 

7 (5) RULE OF CONSTRUCTION.—The list com8 piled pursuant to section 2(b)(4) shall not be con9 strued as limiting the type, timing, or quantity of 

10 items that may be requested by, or sold to, Taiwan 

11 under the Foreign Military Sales program. 

12 (b) PRIORITIZED PROCESSING OF FOREIGN MILI13 TARY SALES REQUESTS FROM TAIWAN.— 

14 (1) REQUIREMENT.—The Secretary of Defense 

15 and the Secretary of State shall prioritize and expe16 dite the processing of requests from Taiwan under 

17 the Foreign Military Sales program, and may not 

18 delay the processing of requests for bundling pur19 poses. 

20 (2) DURATION.—The requirement under para21 graph (1) shall continue until the Secretary of De22 fense determines and certifies to the Committee on 

23 Armed Services of the Senate and the Committee on 

24 Armed Services of the House of Representatives that 

25 the threat to Taiwan has significantly abated. 


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1 (3) ANNUAL REPORT.—Not later than 180 days 

2 after the date of the enactment of this Act, and an3 nually thereafter for 10 years, the Secretary of De4 fense shall submit to the Committee on Armed Serv5 ices of the Senate and the Committee on Armed 

6 Services of the House of Representatives a report 

7 describing steps taken to implement the requirement 

8 under paragraph (1). 

9 (c) PRIORITY PRODUCTION.— 

10 (1) REQUIREMENT.—The Secretary of Defense 

11 shall require that contractors awarded Department 

12 of Defense contracts to provide items for sale to Tai13 wan under the Foreign Military Sales program shall, 

14 as a condition of receiving such contracts, expedite 

15 and prioritize the production of such items above the 

16 production of other Foreign Military Sales items re17 gardless of the order in which contracts were signed. 

18 (2) DURATION.—The requirement under para19 graph (1) shall continue until the Secretary of De20 fense determines and certifies to the Committee on 

21 Armed Services of the Senate and the Committee on 

22 Armed Services of the House of Representatives that 

23 the threat to Taiwan has significantly abated. 

24 (3) ANNUAL REPORT.—Contractors covered 

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1 nually to the Committee on Armed Services of the 

2 Senate and the Committee on Armed Services of the 

3 House of Representatives on efforts to expedite and 

4 prioritize production as required under such para5 graph. 

6 (d) INTERAGENCY POLICY.—The Secretary of State 

7 and the Secretary of Defense shall jointly review and up8 date interagency policies and implementation guidance re9 lated to Foreign Military Sales requests from Taiwan, in10 cluding incorporating the preclearance and prioritization 

11 provisions of this section. 

12 SEC. 4. AMENDMENTS TO TAIWAN RELATIONS ACT. 

13 (a) POLICY.—Section 2(b)(5) of the Taiwan Rela14 tions Act (22 U.S.C. 3301(b)(5)) is amended by striking 

15 ‘‘arms of a defensive character’’ and inserting ‘‘arms con16 ducive to the deterrence of acts of aggression by the Peo17 ple’s Liberation Army’’. 

18 (b) PROVISION OF DEFENSE ARTICLES AND SERV19 ICES.—Section 3(a) of the Taiwan Relations Act (22 

20 U.S.C. 3302(a)) is amended by striking ‘‘such defense ar21 ticles and defense services in such quantity as may be nec22 essary to enable Taiwan to maintain a sufficient self-de23 fense capability’’ and inserting ‘‘such defense articles and 

24 defense services in such quantity as may be necessary to 

25 enable Taiwan to implement a strategy to deter acts of 


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1 aggression by the People’s Liberation Army and to deny 

2 an invasion of Taiwan by the People’s Liberation Army.’’. 

3 (c) RULE OF CONSTRUCTION.—Section 4 of the Tai4 wan Relations Act (22 U.S.C. 3303) is amended by adding 

5 at the end the following new subsection: 

6 ‘‘(a) SECURITY COOPERATION AND DETERRENCE OF

7 USE OF FORCE BY PEOPLE’S LIBERATION ARMY.—Noth8 ing in this Act, nor the facts of the President’s action in 

9 extending diplomatic recognition to the People’s Republic 

10 of China, the absence of diplomatic relations between the 

11 people of Taiwan and the United States, or the lack of 

12 formal recognition by the United States, and attendant 

13 circumstances thereto, shall be construed to constitute a 

14 legal or practical obstacle to any otherwise lawful action 

15 of the President or of any United States Government 

16 agency that is needed to advance or protect United States 

17 interests pertaining to Taiwan, including actions intended 

18 to strengthen security cooperation between the United 

19 States and Taiwan or to otherwise deter the use of force 

20 against Taiwan by the People’s Liberation Army.’’. 

21 SEC. 5. MILITARY PLANNING MECHANISM. 

22 The Secretary of Defense shall establish a high-level 

23 military planning mechanism between the United States 

24 and Taiwan to oversee a Joint and Combined Exercise 

25 Program and coordinate International Military Education 


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1 and Training assistance and professional exchanges aimed 

2 at determining and coordinating the acquisition of capa3 bilities for both United States and Taiwan military forces 

4 to address the needs of currently anticipated and future 

5 contingencies. The mechanism may be modeled after the 

6 Joint United States Military Advisory Group Thailand, or 

7 any such similar existing arrangement, as determined by 

8 the Secretary of Defense. 

9 SEC. 6. PROHIBITION ON DOING BUSINESS IN CHINA. 

10 (a) REQUIREMENT.—The Secretary of Defense shall 

11 require any contractor awarded a Department of Defense 

12 contract, as a condition of receiving such contract, not to 

13 conduct any business in the People’s Republic of China, 

14 with any entity that is owned by or controlled by the gov15 ernment of the People’s Republic of China or the Chinese 

16 Communist Party, or any subsidiary of such a company. 

17 (b) DETERMINATION OF NONCOMPLIANCE.—If the 

18 Secretary of Defense determines that a contractor of the 

19 Department of Defense is noncompliant with the require20 ment in subsection (a)— 

21 (1) such noncompliance shall be considered 

22 grounds for termination of the contract; and 

23 (2) the Secretary of Defense shall terminate the 

24 contract. 


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1 SEC. 7. TAIWAN CRITICAL MUNITIONS ACQUISITION FUND. 

2 (a) ESTABLISHMENT.—There shall be established in 

3 the Treasury of the United States a revolving fund to be 

4 known as the ‘‘Taiwan Critical Munitions Acquisition 

5 Fund’’ (in this section referred to as the ‘‘Fund’’). 

6 (b) PURPOSE.—Subject to the availability of appro7 priations, amounts in the Fund shall be made available 

8 by the Secretary of Defense— 

9 (1) to ensure that adequate stocks of critical 

10 munitions necessary for a denial defense are avail11 able to allies and partners of the United States in 

12 advance of a potential operation to defend the au13 tonomy and territory of Taiwan; and 

14 (2) to finance the acquisition of critical muni15 tions necessary for a denial defense in advance of 

16 the transfer of such munitions to foreign countries 

17 for such a potential operation. 

18 (c) ADDITIONAL AUTHORITY.—Subject to the avail19 ability of appropriations, the Secretary of Defense may 

20 also use amounts made available to the Fund— 

21 (1) to keep on continuous order munitions that 

22 the Secretary of Defense considers critical due to a 

23 reduction in current stocks as a result of the draw24 down of stocks provided to the government of one or 

25 more foreign countries; or 


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1 (2) with the concurrence of the Secretary of 

2 State, to procure munitions identified as having a 

3 high-use rate. 

4 (d) DEPOSITS.— 

5 (1) IN GENERAL.—The Fund shall consist of 

6 each of the following: 

7 (A) Collections from sales made under let8 ters of offer (or transfers made under the For9 eign Assistance Act of 1961 (22 U.S.C. 2151 et 

10 seq.)) of munitions acquired using amounts 

11 made available from the Fund pursuant to this 

12 section, representing the value of such items 

13 calculated, as applicable, in accordance with— 

14 (i) subparagraph (B) or (C) of section 

15 21(a)(1) of the Arms Export Control Act 

16 (22 U.S.C. 2761(a)(1)); 

17 (ii) section 22 of the Arms Export 

18 Control Act (22 U.S.C. 2762); or 

19 (iii) section 644(m) of the Foreign As20 sistance Act of 1961 (22 U.S.C. 2403(m)). 

21 (B) Such amounts as may be appropriated 

22 pursuant to the authorization under this section 

23 or otherwise made available for the purposes of 

24 the Fund. 


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1 (C) Not more than $2,000,000,000 may be 

2 transferred to the Fund for any fiscal year, in 

3 accordance with subsection (e), from amounts 

4 authorized to be appropriated for the Depart5 ment of Defense in such amounts as the Sec6 retary of Defense determines necessary to carry 

7 out the purposes of this section, which shall re8 main available until expended. The transfer au9 thority provided under this subparagraph is in 

10 addition to any other transfer authority avail11 able to the Secretary of Defense. 

12 (2) CONTRIBUTIONS FROM FOREIGN GOVERN13 MENTS.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B), the Secretary of Defense may accept 

16 contributions of amounts to the Fund from any 

17 foreign government or international organiza18 tion. Any amounts so accepted shall be credited 

19 to the Taiwan Critical Munitions Acquisition 

20 Fund and shall be available for use as author21 ized under subsection (b). 

22 (B) LIMITATION.—The Secretary of De23 fense may not accept a contribution under this 

24 paragraph if the acceptance of the contribution 

25 would compromise, or appear to compromise, 


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1 the integrity of any program of the Department 

2 of Defense. 

3 (C) NOTIFICATION.—If the Secretary of 

4 Defense accepts any contribution under this 

5 paragraph, the Secretary shall notify the appro6 priate committees of Congress. The notice shall 

7 specify the source and amount of any contribu8 tion so accepted and the use of any amount so 

9 accepted. 

10 (e) NOTIFICATION.— 

11 (1) IN GENERAL.—No amount may be trans12 ferred pursuant to subsection (d)(1)(C) until the 

13 date that is 15 days after the date on which the Sec14 retary of Defense submits to the appropriate com15 mittees of Congress— 

16 (A) notice in writing of the amount and 

17 purpose of the proposed transfer; and 

18 (B) in the case of an authorization pursu19 ant to subsection (f)(1)(A), a description of the 

20 manner in which the use of critical munitions is 

21 necessary to meet national defense require22 ments. 

23 (2) AMMUNITION PURCHASES.—No amounts in 

24 the Fund may be used to purchase ammunition, as 

25 authorized by this section, until the date that is 15 


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1 days after the date on which the Secretary of De2 fense notifies the appropriate committees of Con3 gress in writing of the amount and purpose of the 

4 proposed purchase. 

5 (3) FOREIGN TRANSFERS.—No munition pur6 chased using amounts in the Fund may be trans7 ferred to a foreign country until the date that is 15 

8 days after the date on which the Secretary of De9 fense notifies the appropriate committees of Con10 gress in writing of the proposed transfer. 

11 (f) LIMITATIONS.— 

12 (1) LIMITATION ON TRANSFER.—No munition 

13 acquired by the Secretary of Defense using amounts 

14 made available from the Fund pursuant to this sec15 tion may be transferred to any foreign country un16 less such transfer is authorized by the Arms Export 

17 Control Act (22 U.S.C. 2751 et seq.), the Foreign 

18 Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or 

19 other applicable law, except as follows: 

20 (A) The Secretary of Defense, with the 

21 concurrence of the Secretary of State, may au22 thorize the use by the Department of Defense 

23 of munitions acquired under this section prior 

24 to transfer to a foreign country, if such use is 

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1 ments and the Department bears the costs of 

2 replacement and transport, maintenance, stor3 age, and other such associated costs of such 

4 munitions. 

5 (B) Except as required by subparagraph 

6 (A), amounts made available to the Fund may 

7 be used to pay for storage, maintenance, and 

8 other costs related to the storage, preservation, 

9 and preparation for transfer of munitions ac10 quired under this section prior to their transfer, 

11 and the administrative costs of the Department 

12 of Defense incurred in the acquisition of such 

13 items, to the extent such costs are not eligible 

14 for reimbursement pursuant to section 43(b) of 

15 the Arms Export Control Act (22 U.S.C. 

16 2792(b)). 

17 (2) CERTIFICATION REQUIREMENT.— 

18 (A) IN GENERAL.—No amounts in the 

19 Fund may be used pursuant to this section un20 less the President— 

21 (i) certifies to the appropriate com22 mittees of Congress that the Special De23 fense Acquisition Fund established pursu24 ant to chapter 5 of the Arms Export Con25 trol Act (22 U.S.C. 2795 et seq.) cannot 


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1 be used to fulfill the same functions and 

2 objectives for which such amounts to be 

3 made available from the Fund are to be 

4 used; and 

5 (ii) includes in such certification a 

6 justification for the certification, which 

7 may be included in a classified annex, if 

8 necessary. 

9 (B) NONDELEGATION.—The President 

10 may not delegate any responsibility of the 

11 President under subparagraph (A). 

12 (g) TERMINATION.—The authority for the Fund 

13 under this section shall expire on December 31, 2040. 

14 (h) APPROPRIATE COMMITTEES OF CONGRESS DE15 FINED.—In this section, the term ‘‘appropriate commit16 tees of Congress’’ means— 

17 (1) the Committee on Armed Services, the 

18 Committee on Appropriations, and the Committee on 

19 Foreign Relations of the Senate; and 

20 (2) the Committee on Armed Services, the 

21 Committee on Appropriations, and the Committee on 

22 Foreign Affairs of the House of Representatives. 


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1 SEC. 8. INCREASING PRODUCTION CAPACITY FOR WEAP2 ONS FOR UNITED STATES STOCKPILES. 

3 (a) REPORT REQUIREMENT RELATING TO INCREASE

4 IN CONTRACTED ENTITIES.—Section 222c(e) of title 10, 

5 United States Code, as amended by section 1701(c) of the 

6 James M. Inhofe National Defense Authorization Act for 

7 Fiscal Year 2023 (Public Law 117–263), is further 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(1) Steps taken to increase the number of en11 tities contracted to supply each class of weapons de12 scribed in section 1705(c) of the James M. Inhofe 

13 National Defense Authorization Act for Fiscal Year 

14 2023 (Public Law 117–263) in order to produce re15 dundancy in the supply of such weapons.’’. 

16 (b) MODIFICATION TO QUARTERLY BRIEFINGS ON

17 REPLENISHMENT AND REVITALIZATION OF WEAPONS

18 PROVIDED TO UKRAINE AND TAIWAN.—Section 1703 of 

19 the James M. Inhofe National Defense Authorization Act 

20 for Fiscal Year 2023 (Public Law 117–263) is amended— 

21 (1) in the section heading, by inserting ‘‘AND

22 TAIWAN’’ after ‘‘UKRAINE’’; 

23 (2) in subsection (a), by inserting ‘‘, the Com24 mittee on Foreign Relations of the Senate, and the 

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1 resentatives’’ after ‘‘congressional defense commit2 tees’’; 

3 (3) in subsection (d)(2), by inserting ‘‘or Tai4 wan’’ after ‘‘Ukraine’’; 

5 (4) in subsection (e), by striking ‘‘December 31, 

6 2026’’ and inserting ‘‘December 31, 2040’’; and 

7 (5) by striking subsection (f) and inserting the 

8 following: 

9 ‘‘(a) COVERED SYSTEM.—In this section, the term 

10 ‘covered system’ means— 

11 ‘‘(1) any system provided to the Government of 

12 Ukraine or the Government of Taiwan pursuant 

13 to— 

14 ‘‘(A) section 506 of the Foreign Assistance 

15 Act of 1961 (22 U.S.C. 2318); or 

16 ‘‘(B) section 614 of the Foreign Assistance 

17 Act of 1961 (22 U.S.C. 2364); 

18 ‘‘(2) any system provided to the Government of 

19 Ukraine pursuant to the Ukraine Security Assist20 ance Initiative established under section 1250 of the 

21 National Defense Authorization Act for Fiscal Year 

22 2016 (Public Law 114–92), including as amended 

23 by this Act, if such system was provided to Ukraine 

24 after February 24, 2022; or 


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1 ‘‘(3) any system provided to the Government of 

2 Taiwan— 

3 ‘‘(A) pursuant to section 5502(b) of this 

4 Act; or 

5 ‘‘(B) that is necessary for a denial defense 

6 of Taiwan.’’. 

7 (c) ASSESSMENT ON EXPANDING NATIONAL TECH8 NOLOGY AND INDUSTRIAL BASE.—Section 222d(b) of title 

9 10, United States Code, as added by section 1701(d)(1) 

10 of the James M. Inhofe National Defense Authorization 

11 Act for Fiscal Year 2023 (Public Law 117–263), is 

12 amended by adding at the end the following new para13 graph: 

14 ‘‘(1) An assessment of the feasibility and advis15 ability of expanding the national technology and in16 dustrial base (as defined in section 4801 of this 

17 title) to include entities outside of the United States, 

18 Canada, the United Kingdom, New Zealand, Israel, 

19 and Australia in order to increase the number of 

20 suppliers of weapons described in section 1705(c) of 

21 the James M. Inhofe National Defense Authoriza22 tion Act for Fiscal Year 2023 (Public Law 117– 

23 263), with particular attention to member States of 

24 the North Atlantic Treaty Organization, treaty allies 


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1 of the United States in the Indo-Pacific, and mem2 bers of the Quadrilateral Security Dialogue.’’. 

3 (d) MINIMUM ANNUAL PRODUCTION LEVELS.—The 

4 Secretary of Defense shall include minimum annual pro5 duction levels for weapons described in section 1705(c) of 

6 the James M. Inhofe National Defense Authorization Act 

7 for Fiscal Year 2023 (Public Law 117–263) in any con8 tract for the procurement of such weapons entered into 

9 on or after the date of the enactment of this Act. 

Æ 


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