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 deter-
mined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Taiwan Peace through 
Strength Act of 2023’’. 
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SEC. 2. ANTICIPATORY POLICY PLANNING AND ANNUAL RE-
VIEW OF UNITED STATES WAR PLANS TO DE-
FEND TAIWAN. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, and annually thereafter, 
the Secretary of Defense shall conduct a classified review 
of United States war plans to defend Taiwan and share 
the results of the review with the Chairman and Ranking 
Member of the Committee on Armed Services of the Sen-
ate and the Committee on Armed Services of the House 
of Representatives. 
(b) ELEMENTS.—The review conducted under sub-
section (a) shall include the following elements: 
(1) An assessment of Taiwan’s current and 
near-term capabilities and United States force readi-
ness and the adequacy of United States conflict con-
tingency plans. 
(2) A comprehensive assessment of risks to the 
United States and United States interests, including 
readiness shortfalls that pose strategic risk. 
(3) A review of indicators of the near-term like-
lihood of the use of force by the People’s Liberation 
Army against Taiwan. 
(4) The compilation of a pre-approved list of 
military capabilities, including both asymmetric and 
traditional capabilities selected to suit the oper-
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ational environment and to allow Taiwan to respond 
effectively to a variety of contingencies across all 
phases of conflict involving the People’s Liberation 
Army, that the Secretary of Defense has pre-cleared 
for Taiwan to acquire, and that would reduce the 
threat of conflict, thwart an invasion, and mitigate 
other risks to the United States and Taiwan. 
SEC. 3. FAST-TRACKING SALES TO TAIWAN UNDER FOR-
EIGN MILITARY SALES PROGRAM. 
(a) PRECLEARANCE OF CERTAIN FOREIGN MILITARY 
SALES ITEMS.— 
(1) IN GENERAL.—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 Na-
tional Disclosure Policy Committee and the Arms 
Transfer and Technology Release Senior Steering 
Group, shall— 
(A) compile and submit to the relevant 
congressional committees a list of available and 
emerging military platforms, technologies, and 
equipment; and 
(B) upon listing such platforms, tech-
nologies, 
and 
equipment, 
pre-clear 
and 
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prioritize for sale and release to Taiwan 
through the Foreign Military Sales program 
such platforms, technologies, and equipment. 
(2) SELECTION
OF
ITEMS.—The items pre- 
cleared for sale pursuant to paragraph (1)— 
(A) shall represent a full-range of asym-
metric capabilities as well as the conventional 
capabilities informed by United States readiness 
and risk assessments and determined by Tai-
wan to be required for various wartime sce-
narios and peacetime duties; and 
(B) shall include each item on the list of 
approved items compiled by the Secretary of 
Defense pursuant to section 2(b)(4). 
(3) EXCEPTION.—The Secretary State may ex-
clude an item from the list described in paragraph 
(1)(A) if the Secretary of State submits to the ap-
propriate 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. 
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(4) FINAL
DETERMINATION
OF
DISPUTES.— 
The Department of Defense shall serve as the lead 
Federal agency for purposes of making final deter-
minations when disputes arise between agencies 
about the appropriateness of specific items for sale 
to Taiwan. 
(5) RULE OF CONSTRUCTION.—The list com-
piled pursuant to section 2(b)(4) shall not be con-
strued 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) PRIORITIZED PROCESSING OF FOREIGN MILI-
TARY SALES REQUESTS FROM TAIWAN.— 
(1) REQUIREMENT.—The Secretary of Defense 
and the Secretary of State shall prioritize and expe-
dite the processing of requests from Taiwan under 
the Foreign Military Sales program, and may not 
delay the processing of requests for bundling pur-
poses. 
(2) DURATION.—The requirement under para-
graph (1) shall continue until the Secretary of De-
fense 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. 
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(3) ANNUAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, and an-
nually thereafter for 10 years, the Secretary of De-
fense shall submit to the Committee on Armed Serv-
ices 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). 
(c) PRIORITY PRODUCTION.— 
(1) REQUIREMENT.—The Secretary of Defense 
shall require that contractors awarded Department 
of Defense contracts to provide items for sale to Tai-
wan 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 re-
gardless of the order in which contracts were signed. 
(2) DURATION.—The requirement under para-
graph (1) shall continue until the Secretary of De-
fense 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. 
(3) ANNUAL
REPORT.—Contractors covered 
under paragraph (1) shall be required to report an-
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