,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ighb ,,in ,,the ,,house ,,of ,,representatives ,july #bj1 #bjbf,ms4 ,jacobs introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to require the development of metrics and indicators to assess the quality of governance of the security sectors of security partner countries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,security ,sector ,governance ,compacts ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 strong security sector governance is the transparent1 accountable1 management1 and oversight of security policy and practice by legitimate and democratic civilian leadership2 7#b7 security partners with well-governed security sectors are more effective1 more reliable1 better positioned to absorb and protect ,united ,states-origin defense articles from misuse or illicit transfer1 and conduct military operations in a manner that encourages stability at home and abroad2 7#c7 weak security sector oversight institutions inhibit security sector professionalism1 effectiveness1 and accountability2 7#d7 effective security sector governance requires a system of checks and balances where vibrant legislatures1 engaged civil society1 and independent judiciaries provide the necessary oversight to hold authorities accountable to citizens2 and 7#e7 improving security sector governance in ,united ,states security partners requires predictable1 long-term investments4 #c4 ,security ,sector ,governance ,index 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary1 acting through the ,defense ,security ,cooperation ,university and the ,office of ,security ,assistance1 shall develop metrics and indicators to assess the quality of security sectors governance by security partner countries1 to be known as the ,security ,sector ,governance ,index4 7b7 ,criteria ,the ,index required by subsection 7a7 shall include measurements of the following3 7#a7 ,the level of state corruption1 as defined under the ,combating ,global ,corruption ,act 7#bb ,u4,s4,c4 #ajeja71 in the country's security sector4 7#b7 ,the level of civilian oversight of the partner's national and internal security forces4 7#c7 ,the level of such security force's-- 7,a7 involvement in politics2 7,b7 commercial holdings2 and 7,c7 merit-based promotions4 7#d7 ,the record of violations of international human rights law1 international humanitarian law1 and civilian harm by such security force actors or their affiliates and subsequent meaningful investigations and accountability processes4 7#e7 ,other factors relevant to assessing the level of security sector governance4 7c7 ,consultation ,the ,secretary shall develop the ,index required by subsection 7a7 in consultation with-- 7#a7 the ,secretary of ,defense2 7#b7 the ,bureau of ,democracy1 ,human ,rights1 and ,labor of the ,department2 and 7#c7 relevant nongovernmental organizations1 nongovernmental experts1 and civil society4 7d7 ,publication ,not later than #cj days after the date on which the ,index required by subsection 7a7 is developed1 the ,secretary shall publish a summary of the ,index in the ,federal ,register4 #d4 ,assessments and tiered ranking system 7a7 ,in general ,not later than #ij days after the date on which the ,index required by section #c7;a7 is published in the ,federal ,register pursuant to section #c7;d71 the ,secretary1 in coordination with the ,secretary of ,defense1 shall1 for each security partner country-- 7#a7 based on such ,index1 conduct an assessment of the quality of governance of the country's security sector2 7#b7 based on the assessment1 designate the country as a tier one partner country1 tier two partner country1 tier three partner country1 or tier four partner country in accordance with the requirements of subsection 7b72 and 7#c7 submit to the appropriate congressional committees a report that contains-- 7,a7 the assessment required by paragraph 7#a72 and 7,b7 the designation required under paragraph 7#b74 7b7 ,country tiers 7#a7 ,tier one partner countries ,a country shall be designated as a tier one partner country if the government of the country has a low quality of governance of its security sector1 as determined by the ,secretary1 based on the ,index required by section #c7;a74 7#b7 ,tier two partner countries ,a country shall be designated as a tier two partner country if the government of the country has a low to mid quality of governance of its security sector1 as determined by the ,secretary1 based on the ,index required by section #c7;a74 7#c7 ,tier three partner countries ,a country shall be designated as a tier three partner country if the government of the country has a mid to high quality of governance of its security sector1 as determined by the ,secretary1 based on the ,index required by section #c7;a74 7#d7 ,tier four partner countries ,a country shall be designated as a tier four partner country if the government of the country has a high quality of governance1 as determined by the ,secretary1 based on the ,index required by section #c7;a74 7c7 ,updates to designations ,not later than one year after the initial designation completed pursuant to subsection 7a71 the ,secretary1 in coordination with the ,secretary of ,defense1 shall1 on an annual basis-- 7#a7 based on the ,index required by subsection 7b71 conduct an assessment of the quality of governance of the country's security sector2 7#b7 based on such assessment1 conduct an update of the designation of each security partner country under this section2 and 7#c7 submit to the appropriate congressional committees a report that contains the assessment required by paragraph 7#a7 and the update required by paragraph 7#b74 #e4 ,authority and types of assistance 7a7 ,tier one partner countries ,notwithstanding any other provision of law 7other than the provisions of law described in subsection 7g771 a country ranked as a tier one partner country is authorized to receive only the following types of security sector assistance3 7#a7 ,assistance for defense institution building1 including assistance under sections #ccb and #cdb of title #aj1 ,united ,states ,code4 7#b7 ,international ,military and ,education ,training assistance pursuant to section #eda of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdg74 7#c7 ,global ,peace ,operations ,initiative assistance pursuant to section #eea of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdh74 7#d7 ,international ,narcotics ,control and ,law ,enforcement assistance pursuant to section #dha of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbia74 7#e7 ,nonproliferation1 ,demining1 and ,related ,programs assistance pursuant to section #ejd of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #ehed74 7#f7 ,other educational and classroom-based training1 including under sections #cdc1 #cdf1 #cdg1 #cdh1 #cdi1 #cea1 and #ceb1 of title #aj1 ,united ,states ,code4 7#g7 ,disaster management and humanitarian assistance1 including through sections #ahb1 #dja1 #djb1 #djd1 #djg1 #beeg1 and #befa of title #aj1 ,united ,states ,code1 and support for foreign assistance implementation under section #che of title #aj1 ,united ,states ,code4 7#h7 ,the ,state ,partnership ,program under section #cda of title #aj1 ,united ,states ,code4 7#i7 ,any other programs related to human rights1 international humanitarian law1 and protection of civilians training4 7#aj7 ,any other programs related to civil-military support1 including through ,civil ,affairs teams4 7#aa7 ,maritime cooperation assistance1 including through section #abfc of the ,national ,defense ,authorization ,act of ,fiscal ,year #bjaf 7,public ,law #aad-ib71 the ,asia ,reassurance ,initiative ,act of #bjah 7,public ,law #aae-dji71 and section #ccc of title #aj1 ,united ,states ,code4 7b7 ,tier two partner countries ,notwithstanding any other provision of law 7other than the provisions of law described in subsection 7g771 a country ranked as a tier two partner country is authorized to receive only the following types of security sector assistance3 7#a7 ,tier one partner country assistance4 7#b7 ,anti-,terrorism related assistance with respect to ,nonproliferation1 ,anti-,terrorism1 ,demining1 and ,related ,programs assistance pursuant to section #ega of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdi;aa74 7#c7 ,tailored capacity-building assistance1 including with respect to counternarcotics1 counterterrorism1 and border security1 including ,peacekeeping ,operations assistance pursuant to section #eea of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdh71 section #ccc of title #aj1 ,united ,states ,code1 and section #ajba of the ,national ,defense ,authorization ,act of ,fiscal ,year #bjje1 section #ajbb of the ,national ,defense ,authorization ,act of ,fiscal ,year #bjjd1 section #abbf of the ,national ,defense ,authorization ,act of ,fiscal ,year #bjaf 7,public ,law #aad-ib71 and section #abcc of the ,national ,defense ,authorization ,act of ,fiscal year #bjjh1 and any other programs related to counternarcotics and counterterrorism4 7#d7 ,military and intelligence capabilities technical assistance and specialized military education1 including under sections #cdb1 #cde1 and #cej of title #aj1 ,united ,states ,code4 7#e7 ,nonlethal equipment1 including equipment under the ,foreign ,military ,financing program under section #bc of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfc74 7c7 ,tier three partner countries ,notwithstanding any other provision of law 7other than the provisions of law described in subsection 7g771 a country ranked as a tier three partner country is authorized to receive only the following types of security sector assistance3 7#a7 ,tier one partner country assistance4 7#b7 ,tier two partner country assistance4 7#c7 ,lethal equipment1 including equipment under the ,foreign ,military ,financing program under section #bc of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgfc74 7#d7 ,united ,states military staff colleges and exchanges1 including ,professional ,military ,education ,student ,exchanges1 ,unit ,exchanges1 conferences1 and centers of excellence under section #caa1 #cab1 and #cdd of title #aj1 ,united ,states ,code1 and under section #edd7;a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcdg;c7a774 7#e7 ,exercises under sections #cba and #cbb1 of title #aj1 ,united ,states ,code1 and section #abea of the ,national ,defense ,authorization ,act of ,fiscal ,year #bjaf 7,public ,law #aad-ib71 and operational support1 including section #cca of title #aj1 ,united ,states ,code4 7d7 ,tier four partner countries ,notwithstanding any other provision of law 7other than the provisions of law described in subsection 7g771 a country ranked as a tier four partner country is authorized to receive only the following types of security sector assistance3 7#a7 ,tier one partner country assistance4 7#b7 ,tier two partner country assistance4 7#c7 ,tier three partner country assistance4 7#d7 ,international armament cooperation activities under chapter #ach of title #aj1 ,united ,states ,code1 and the ,arms ,export ,control ,act4 7#e7 ,support under sections #abg;d and #abg;e of title #aj1 ,united ,states ,code4 7#f7 ,any activities related to ,foreign ,internal ,defense4 7e7 ,exemption and rule of construction 7#a7 ,exemption for expenditure of certain obligated funds ,notwithstanding the requirements of subsections 7a71 7b71 7c71 and 7d71 security sector assistance of a type that a security partner country was eligible to receive before the ranking of the country as a tier one partner country1 tier two partner country1 tier three partner country1 or tier four partner country in accordance with the requirements of subsection 7b7 that has been obligated but not expended as of the date of the ranking of the country and with respect to which the country is no longer eligible to receive by reason of the ranking of the country may be expended with respect to the country during the first year in which the country is ranked as such a country4 7#b7 ,rule of construction ,nothing in this section may be construed to authorize a type of security sector assistance in one tier for a partner country that is authorized only in a higher tier for a partner country4 7f7 ,waiver 7#a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,defense1 may waive the requirements of subsections 7a71 7b71 7c71 and 7d71 and provide security sector assistance of a type that a security partner country is not eligible to receive by reason of the ranking of the country as a tier one partner country1 tier two partner country1 tier three partner country1 or tier four partner country in accordance with the requirements of subsection 7c7 if the ,secretary1 in coordination with the ,secretary of ,defense1 provides to the appropriate congressional committees-- 7,a7 a certification that the country is a long-standing and strategically important partner for the purpose of ,united ,states national security2 7,b7 a justification for how the relevant security sector assistance is in the ,united ,states national security interests2 and 7,c7 a plan to work with the country to improve relevant indicators and metrics4 7#b7 ,update ,the ,secretary shall1 on an annual basis-- 7,a7 update the plan required by paragraph 7#a77;,c7 on an annual basis2 7,b7 submit each such updated plan to the appropriate congressional committees2 and 7,c7 publish a list of countries that are granted such waiver1 including the relevant tier designation1 and a summary of the justification for such waiver on a publicly available website4 7#c7 ,diagnostic requirement ,for countries that are subject to a waiver pursuant to this paragraph and are designated as a tier lower than the previous year1 the ,secretary1 in coordination with the ,secretary of ,defense1 shall submit to appropriate congressional committees with the requirements described in paragraph 7#b7 the completion of a diagnostic assessment of such country's security sector to include an identification of specific weaknesses in such sector that contributed to a lower designation1 an assessment of the threat such weaknesses pose to ,united ,states national security interests1 and a diplomatic plan to engage such country on improving such weaknesses4 7#d7 ,termination ,in the case of a country receiving security sector assistance by reason of being subject to a waiver pursuant to this paragraph for #e consecutive years1 such country shall be ineligible to continue to receive a waiver pursuant to this paragraph beginning on the day after the end of such #e-year period1 unless a law is enacted that provides for the continuation of the waiver and identifies the specific purpose or purposes for which the relevant security sector assistance may be used4 7#e7 ,form ,the matters required to be provided under this paragraph shall be provided in unclassified form but may include a classified annex4 7g7 ,provisions of law described ,the provisions of law described in subsection 7a7 are the following3 7#a7 ,section #gjjh of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjbc 7division ,k of ,public ,law #aag-cbh7 or any similar provision of law4 7#b7 ,the ,child ,soldiers ,prevention ,act of #bjjh 7#bb ,u4,s4,c4 #bcgj;c74 7#c7 ,section #fbj;,i of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh-a74 7#d7 ,the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaja et seq474 7#e7 ,restrictions described in section #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd74 7#f7 ,any other provision of law that restricts the provision of security sector assistance4 7h7 ,lethal and non-,lethal equipment defined ,for the purposes of this subsection1 not later than #ahj days after the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of ,defense1 shall establish and submit to the appropriate congressional committees definitions for lethal equipment and non-lethal equipment in consultation with relevant external stakeholders with expertise in defense equipment1 civilian harm1 and other related areas as appropriate4 #f4 ,security sector governance compacts 7a7 ,in general ,the ,secretary and the ,secretary of ,defense may jointly enter into a compact1 to be known as a ,security ,sector ,governance ,compact1 with a country ranked as a tier two partner country or a tier three partner country that is not subject to a waiver pursuant to section #e7;f7 and that meets the eligibility criteria of subsection 7b7 in order to establish a multi-year plan to provide security sector assistance to the country for purposes of achieving shared security objectives in furtherance of the purposes of this section4 7b7 ,eligibility criteria ,the ,secretary of ,state1 in coordination with the ,secretary of ,defense1 shall determine eligibility of a country to enter into a compact authorized under this subsection based on the following criteria3 7#a7 ,the country's performance on the ,security ,sector ,governance ,index and other baseline assessments1 including the following3 7,a7 ,the commitment and political will of the recipient to use such assistance in a manner that achieves mutual objectives4 7,b7 ,recipient country's assessment of internal and external security threats1 including in relation to ,united ,states assessments of such threats1 and the manner in which such perceptions may inform the use of security assistance4 7,c7 ,the recipient's capacity to absorb the security assistance given and to achieve the objectives of such assistance4 7,d7 ,country- or region-specific opportunities and risks that could enhance or impair the outcomes associated with providing security assistance4 7#b7 ,the relevant assessments pursuant to the ,department of ,defense's assessment1 monitoring1 and evaluation program under section #chc of title #aj1 ,united ,states ,code4 7#c7 ,an analysis of the extent to which the political conditions for continued improvements in security sector governance are present1 including an assessment of security sector reforms with domestic political support4 7#d7 ,an assessment of the strategic significance of such country to ,united ,states national security interests4 7c7 ,elements ,each compact authorized under this subsection shall include the following elements3 7#a7 ,joint planning with the partner country1 including senior level consultations and joint diagnosis of the strengths1 priorities1 and challenges of the country's security institutions1 including priority capacity and capability requirements4 7#b7 ,joint development with the partner country of a security sector assistance plan1 including tailored goals for an enhanced security partnership and a common strategy to improve the governance and capacity of the country's security institutions and an agreement on more tailored1 specific conditions for graduation to the next tier4 7#c7 ,a plan that includes a commitment by the country specifying the manner in which security sector assistance will be used1 within a defined time-frame1 and plans for sustainment by the country of any capabilities built as a result of such assistance1 and mutually agreed oversight mechanisms for security sector assistance and metrics1 to determine whether such assistance is accomplishing the agreed-upon objectives4 7#d7 ,a plan for coordination with other donors to maximize impact of security sector assistance and objectives related to strengthening security sector governance4 7#e7 ,consultations with the national legislature of the country and a wide range of civil society groups in the country on such plans and the compact's design1 oversight1 and evaluation4 7d7 ,institutional capacity building ,not less than #cj percent of assistance provided pursuant to a compact shall be for the purposes of institutional capacity building4 7e7 ,second compact ,the ,secretary and the ,secretary of ,defense may jointly establish a second compact with a country that was ranked as a tier two partner country and entered into a compact with the ,united ,states under this subsection if such country has been subsequently ranked as a tier three partner country4 7f7 ,congressional consultation and notification ,the ,secretary1 in coordination with the ,secretary of ,defense1 shall-- 7#a7 as soon as possible before seeking negotiations to enter into a compact with a partner country under this section1 consult with the appropriate congressional committees2 and 7#b7 not later than #ae days before entering into such compact1 notify appropriate congressional committees4 7g7 ,duration of compact ,the duration of a compact under this section may not exceed #e years4 #g4 ,authorization of appropriations 7a7 ,international security cooperation program ,funds made available under the ,international ,security ,cooperation ,program account are authorized to be made available to the ,secretary and the ,secretary of ,defense for the purposes of entering into compacts authorized under section #f4 ,funds made available under this paragraph for entering into a compact are authorized to remain available until the completion of the compact4 7b7 ,security sector compact fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 which shall be known as the ,security ,sector ,compact ,fund 7in this paragraph referred to as the ,fund71 to be administered by the ,department and the ,department of ,defense1 as appropriate1 to support security sector assistance programs that advance shared security goals through the establishment of a compact authorized under section #f4 7#b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this paragraph such sums as may be necessary for each of the fiscal years #bjbg through #bjca4 7#c7 ,purposes of fund ,amounts authorized to be appropriated to the ,fund shall be used to provide training1 technical assistance1 capacity building assistance1 defense equipment1 or military-to-military exchanges for the purposes of addressing shared security challenges1 enhancing the bilateral security partnership1 and advancing shared security sector governance objectives to conduct one or more of the following3 7,a7 ,defense institutional capacity building4 7,b7 ,institutional capacity building of oversight institutions and capabilities1 including relevant legislative committees1 ombudspersons and audit institutions1 and civil society stakeholders4 7,c7 ,counterterrorism operations4 7,d7 ,counter-weapons of mass destruction operations4 7,e7 ,counter-illicit drug trafficking operations4 7,f7 ,counter-transnational organized crime operations4 7,g7 ,maritime and border security operations4 7,h7 ,military intelligence operations4 7,i7 ,air domain awareness operations4 7#d7 ,congressional notification ,funds may not be obligated under this paragraph unless the appropriate congressional committees are notified of the amount and nature of such proposed obligation at least #ae days in advance of such proposed obligation1 including a description of the ongoing1 completed1 and planned institutional capacity building efforts with the recipient country4 7#e7 ,availability of funds ,notwithstanding any other provision of law1 assistance made available under the ,fund shall be available to any recipient country that is a tier two partner country or a tier three partner country and is a recipient of a ,compact4 7c7 ,other funds ,any assistance such partner country is eligible for pursuant to the relevant ,tier as described in section #d may also be provided as part of the ,compact described in section #f4 #h4 ,graduation from assistance 7a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,defense1 shall conduct an assessment of each partner country that has been ranked as a tier four partner country for #e consecutive years to determine whether-- 7#a7 the partner country should continue to receive security sector assistance or whether the type and amount of such assistance should be adjusted as appropriate2 and 7#b7 the type and amount of security sector assistance provided to the partner country has achieved previously-identified short-term and long-term desired outcomes4 7b7 ,report ,the ,secretary1 in coordination with the ,secretary of ,defense1 shall submit to the appropriate congressional committees a report on an annual basis that contains the assessments required by subsection 7a71 including the results of the assessments4 7c7 ,exemption ,the ,secretary shall not be required to conduct an assessment under subsection 7a7 with respect to any country that is a ,north ,atlantic ,treaty ,organization member country or ,australia1 ,new ,zealand1 ,japan1 or ,south ,korea4 #i4 ,definitions ,in this ,act-- 7#a7 except as otherwise provided1 the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs and the ,committee on ,armed ,services of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,armed ,services of the ,senate2 7#b7 the term ,department means the ,department of ,state2 7#c7 the term ,index means the metrics and indicators of the ,security ,sector ,governance ,index developed under section #c2 7#d7 except as otherwise provided1 the term ,secretary means the ,secretary of ,state2 7#e7 the term security assistance means assistance provided under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq471 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 7other than ,foreign ,military ,sales or ,direct ,commercial ,sales71 or any other provision of law2 7#f7 the term security sector assistance means-- 7,a7 security assistance 7as defined in paragraph 7#e772 and 7,b7 security cooperation and related activities and engagement provided under title #aj1 ,united ,states ,code1 to include sections #abg;e and #abg;d of title #aj2 7#g7 the term security partner country means a foreign country that currently receives or participates in security sector assistance2 7#h7 the term tier one partner country assistance means the types of security sector assistance described in section #e7;a72 7#i7 the term tier two partner country assistance means the types of security sector assistance described in section #e7;b72 7#aj7 the term tier three partner country assistance means the types of security sector assistance described in section #e7;c72 and 7#aa7 the term tier four partner country assistance means the types of security sector assistance described in section #e7;d74