[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9782 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9782
To require the development of metrics and indicators to assess the
quality of governance of the security sectors of security partner
countries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2026
Ms. Jacobs 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 require the development of metrics and indicators to assess the
quality of governance of the security sectors of security partner
countries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Sector Governance Compacts
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) strong security sector governance is the transparent,
accountable, management, and oversight of security policy and
practice by legitimate and democratic civilian leadership;
(2) security partners with well-governed security sectors
are more effective, more reliable, better positioned to absorb
and protect United States-origin defense articles from misuse
or illicit transfer, and conduct military operations in a
manner that encourages stability at home and abroad;
(3) weak security sector oversight institutions inhibit
security sector professionalism, effectiveness, and
accountability;
(4) effective security sector governance requires a system
of checks and balances where vibrant legislatures, engaged
civil society, and independent judiciaries provide the
necessary oversight to hold authorities accountable to
citizens; and
(5) improving security sector governance in United States
security partners requires predictable, long-term investments.
SEC. 3. SECURITY SECTOR GOVERNANCE INDEX.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, acting through the Defense
Security Cooperation University and the Office of Security Assistance,
shall develop metrics and indicators to assess the quality of security
sectors governance by security partner countries, to be known as the
``Security Sector Governance Index''.
(b) Criteria.--The Index required by subsection (a) shall include
measurements of the following:
(1) The level of state corruption, as defined under the
Combating Global Corruption Act (22 U.S.C. 10501), in the
country's security sector.
(2) The level of civilian oversight of the partner's
national and internal security forces.
(3) The level of such security force's--
(A) involvement in politics;
(B) commercial holdings; and
(C) merit-based promotions.
(4) The record of violations of international human rights
law, international humanitarian law, and civilian harm by such
security force actors or their affiliates and subsequent
meaningful investigations and accountability processes.
(5) Other factors relevant to assessing the level of
security sector governance.
(c) Consultation.--The Secretary shall develop the Index required
by subsection (a) in consultation with--
(1) the Secretary of Defense;
(2) the Bureau of Democracy, Human Rights, and Labor of the
Department; and
(3) relevant nongovernmental organizations, nongovernmental
experts, and civil society.
(d) Publication.--Not later than 30 days after the date on which
the Index required by subsection (a) is developed, the Secretary shall
publish a summary of the Index in the Federal Register.
SEC. 4. ASSESSMENTS AND TIERED RANKING SYSTEM.
(a) In General.--Not later than 90 days after the date on which the
Index required by section 3(a) is published in the Federal Register
pursuant to section 3(d), the Secretary, in coordination with the
Secretary of Defense, shall, for each security partner country--
(1) based on such Index, conduct an assessment of the
quality of governance of the country's security sector;
(2) based on the assessment, designate the country as a
tier one partner country, tier two partner country, tier three
partner country, or tier four partner country in accordance
with the requirements of subsection (b); and
(3) submit to the appropriate congressional committees a
report that contains--
(A) the assessment required by paragraph (1); and
(B) the designation required under paragraph (2).
(b) Country Tiers.--
(1) 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
sector, as determined by the Secretary, based on the Index
required by section 3(a).
(2) 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 sector, as determined by the Secretary, based on the
Index required by section 3(a).
(3) 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 sector, as determined by the Secretary, based on the
Index required by section 3(a).
(4) 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 governance, as determined by
the Secretary, based on the Index required by section 3(a).
(c) Updates to Designations.--Not later than one year after the
initial designation completed pursuant to subsection (a), the
Secretary, in coordination with the Secretary of Defense, shall, on an
annual basis--
(1) based on the Index required by subsection (b), conduct
an assessment of the quality of governance of the country's
security sector;
(2) based on such assessment, conduct an update of the
designation of each security partner country under this
section; and
(3) submit to the appropriate congressional committees a
report that contains the assessment required by paragraph (1)
and the update required by paragraph (2).
SEC. 5. AUTHORITY AND TYPES OF ASSISTANCE.
(a) Tier One Partner Countries.--Notwithstanding any other
provision of law (other than the provisions of law described in
subsection (g)), a country ranked as a tier one partner country is
authorized to receive only the following types of security sector
assistance:
(1) Assistance for defense institution building, including
assistance under sections 332 and 342 of title 10, United
States Code.
(2) International Military and Education Training
assistance pursuant to section 541 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347).
(3) Global Peace Operations Initiative assistance pursuant
to section 551 of the Foreign Assistance Act of 1961 (22 U.S.C.
2348).
(4) International Narcotics Control and Law Enforcement
assistance pursuant to section 481 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2291).
(5) Nonproliferation, Demining, and Related Programs
assistance pursuant to section 504 of the Foreign Assistance
Act of 1961 (22 U.S.C. 5854).
(6) Other educational and classroom-based training,
including under sections 343, 346, 347, 348, 349, 351, and 352,
of title 10, United States Code.
(7) Disaster management and humanitarian assistance,
including through sections 182, 401, 402, 404, 407, 2557, and
2561 of title 10, United States Code, and support for foreign
assistance implementation under section 385 of title 10, United
States Code.
(8) The State Partnership Program under section 341 of
title 10, United States Code.
(9) Any other programs related to human rights,
international humanitarian law, and protection of civilians
training.
(10) Any other programs related to civil-military support,
including through Civil Affairs teams.
(11) Maritime cooperation assistance, including through
section 1263 of the National Defense Authorization Act of
Fiscal Year 2016 (Public Law 114-92), the Asia Reassurance
Initiative Act of 2018 (Public Law 115-409), and section 333 of
title 10, United States Code.
(b) Tier Two Partner Countries.--Notwithstanding any other
provision of law (other than the provisions of law described in
subsection (g)), a country ranked as a tier two partner country is
authorized to receive only the following types of security sector
assistance:
(1) Tier one partner country assistance.
(2) Anti-Terrorism related assistance with respect to
Nonproliferation, Anti-Terrorism, Demining, and Related
Programs assistance pursuant to section 571 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349aa).
(3) Tailored capacity-building assistance, including with
respect to counternarcotics, counterterrorism, and border
security, including Peacekeeping Operations assistance pursuant
to section 551 of the Foreign Assistance Act of 1961 (22 U.S.C.
2348), section 333 of title 10, United States Code, and section
1021 of the National Defense Authorization Act of Fiscal Year
2005, section 1022 of the National Defense Authorization Act of
Fiscal Year 2004, section 1226 of the National Defense
Authorization Act of Fiscal Year 2016 (Public Law 114-92), and
section 1233 of the National Defense Authorization Act of
Fiscal year 2008, and any other programs related to
counternarcotics and counterterrorism.
(4) Military and intelligence capabilities technical
assistance and specialized military education, including under
sections 342, 345, and 350 of title 10, United States Code.
(5) Nonlethal equipment, including equipment under the
Foreign Military Financing program under section 23 of the Arms
Export Control Act (22 U.S.C. 2763).
(c) Tier Three Partner Countries.--Notwithstanding any other
provision of law (other than the provisions of law described in
subsection (g)), a country ranked as a tier three partner country is
authorized to receive only the following types of security sector
assistance:
(1) Tier one partner country assistance.
(2) Tier two partner country assistance.
(3) Lethal equipment, including equipment under the Foreign
Military Financing program under section 23 of the Arms Export
Control Act (22 U.S.C. 2763).
(4) United States military staff colleges and exchanges,
including Professional Military Education Student Exchanges,
Unit Exchanges, conferences, and centers of excellence under
section 311, 312, and 344 of title 10, United States Code, and
under section 544(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2347c(a)).
(5) Exercises under sections 321 and 322, of title 10,
United States Code, and section 1251 of the National Defense
Authorization Act of Fiscal Year 2016 (Public Law 114-92), and
operational support, including section 331 of title 10, United
States Code.
(d) Tier Four Partner Countries.--Notwithstanding any other
provision of law (other than the provisions of law described in
subsection (g)), a country ranked as a tier four partner country is
authorized to receive only the following types of security sector
assistance:
(1) Tier one partner country assistance.
(2) Tier two partner country assistance.
(3) Tier three partner country assistance.
(4) International armament cooperation activities under
chapter 138 of title 10, United States Code, and the Arms
Export Control Act.
(5) Support under sections 127d and 127e of title 10,
United States Code.
(6) Any activities related to Foreign Internal Defense.
(e) Exemption and Rule of Construction.--
(1) Exemption for expenditure of certain obligated funds.--
Notwithstanding the requirements of subsections (a), (b), (c),
and (d), 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 country, tier two partner
country, tier three partner country, or tier four partner
country in accordance with the requirements of subsection (b)
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 country.
(2) 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 country.
(f) Waiver.--
(1) In general.--The Secretary, in coordination with the
Secretary of Defense, may waive the requirements of subsections
(a), (b), (c), and (d), 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 country, tier two partner country, tier three partner
country, or tier four partner country in accordance with the
requirements of subsection (c) if the Secretary, in
coordination with the Secretary of Defense, provides to the
appropriate congressional committees--
(A) a certification that the country is a long-
standing and strategically important partner for the
purpose of United States national security;
(B) a justification for how the relevant security
sector assistance is in the United States national
security interests; and
(C) a plan to work with the country to improve
relevant indicators and metrics.
(2) Update.--The Secretary shall, on an annual basis--
(A) update the plan required by paragraph (1)(C) on
an annual basis;
(B) submit each such updated plan to the
appropriate congressional committees; and
(C) publish a list of countries that are granted
such waiver, including the relevant tier designation,
and a summary of the justification for such waiver on a
publicly available website.
(3) Diagnostic requirement.--For countries that are subject
to a waiver pursuant to this paragraph and are designated as a
tier lower than the previous year, the Secretary, in
coordination with the Secretary of Defense, shall submit to
appropriate congressional committees with the requirements
described in paragraph (2) 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 designation, an assessment of the threat
such weaknesses pose to United States national security
interests, and a diplomatic plan to engage such country on
improving such weaknesses.
(4) Termination.--In the case of a country receiving
security sector assistance by reason of being subject to a
waiver pursuant to this paragraph for 5 consecutive years, such
country shall be ineligible to continue to receive a waiver
pursuant to this paragraph beginning on the day after the end
of such 5-year period, 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 used.
(5) Form.--The matters required to be provided under this
paragraph shall be provided in unclassified form but may
include a classified annex.
(g) Provisions of Law Described.--The provisions of law described
in subsection (a) are the following:
(1) Section 7008 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2023
(division K of Public Law 117-328) or any similar provision of
law.
(2) The Child Soldiers Prevention Act of 2008 (22 U.S.C.
2370c).
(3) Section 620I of the Foreign Assistance Act of 1961 (22
U.S.C. 2378-1).
(4) The Trafficking Victims Protection Act of 2000 (22
U.S.C. 7101 et seq.).
(5) Restrictions described in section 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304).
(6) Any other provision of law that restricts the provision
of security sector assistance.
(h) Lethal and Non-Lethal Equipment Defined.--For the purposes of
this subsection, not later than 180 days after the enactment of this
Act, the Secretary of State, in consultation with the Secretary of
Defense, 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 equipment, civilian harm, and other related areas
as appropriate.
SEC. 6. SECURITY SECTOR GOVERNANCE COMPACTS.
(a) In General.--The Secretary and the Secretary of Defense may
jointly enter into a compact, to be known as a ``Security Sector
Governance Compact'', 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 5(f) and that meets the eligibility criteria of
subsection (b) 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
section.
(b) Eligibility Criteria.--The Secretary of State, in coordination
with the Secretary of Defense, shall determine eligibility of a country
to enter into a compact authorized under this subsection based on the
following criteria:
(1) The country's performance on the Security Sector
Governance Index and other baseline assessments, including the
following:
(A) The commitment and political will of the
recipient to use such assistance in a manner that
achieves mutual objectives.
(B) Recipient country's assessment of internal and
external security threats, including in relation to
United States assessments of such threats, and the
manner in which such perceptions may inform the use of
security assistance.
(C) The recipient's capacity to absorb the security
assistance given and to achieve the objectives of such
assistance.
(D) Country- or region-specific opportunities and
risks that could enhance or impair the outcomes
associated with providing security assistance.
(2) The relevant assessments pursuant to the Department of
Defense's assessment, monitoring, and evaluation program under
section 383 of title 10, United States Code.
(3) An analysis of the extent to which the political
conditions for continued improvements in security sector
governance are present, including an assessment of security
sector reforms with domestic political support.
(4) An assessment of the strategic significance of such
country to United States national security interests.
(c) Elements.--Each compact authorized under this subsection shall
include the following elements:
(1) Joint planning with the partner country, including
senior level consultations and joint diagnosis of the
strengths, priorities, and challenges of the country's security
institutions, including priority capacity and capability
requirements.
(2) Joint development with the partner country of a
security sector assistance plan, 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 tailored, specific
conditions for graduation to the next tier.
(3) A plan that includes a commitment by the country
specifying the manner in which security sector assistance will
be used, within a defined time-frame, and plans for sustainment
by the country of any capabilities built as a result of such
assistance, and mutually agreed oversight mechanisms for
security sector assistance and metrics, to determine whether
such assistance is accomplishing the agreed-upon objectives.
(4) A plan for coordination with other donors to maximize
impact of security sector assistance and objectives related to
strengthening security sector governance.
(5) 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 design, oversight, and
evaluation.
(d) Institutional Capacity Building.--Not less than 30 percent of
assistance provided pursuant to a compact shall be for the purposes of
institutional capacity building.
(e) 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 country.
(f) Congressional Consultation and Notification.--The Secretary, in
coordination with the Secretary of Defense, shall--
(1) as soon as possible before seeking negotiations to
enter into a compact with a partner country under this section,
consult with the appropriate congressional committees; and
(2) not later than 15 days before entering into such
compact, notify appropriate congressional committees.
(g) Duration of Compact.--The duration of a compact under this
section may not exceed 5 years.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) 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 6. Funds made available under this paragraph for entering into
a compact are authorized to remain available until the completion of
the compact.
(b) Security Sector Compact Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, which shall be known as the
``Security Sector Compact Fund'' (in this paragraph referred to
as the ``Fund''), to be administered by the Department and the
Department of Defense, as appropriate, to support security
sector assistance programs that advance shared security goals
through the establishment of a compact authorized under section
6.
(2) 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 2027 through 2031.
(3) Purposes of fund.--Amounts authorized to be
appropriated to the Fund shall be used to provide training,
technical assistance, capacity building assistance, defense
equipment, or military-to-military exchanges for the purposes
of addressing shared security challenges, enhancing the
bilateral security partnership, and advancing shared security
sector governance objectives to conduct one or more of the
following:
(A) Defense institutional capacity building.
(B) Institutional capacity building of oversight
institutions and capabilities, including relevant
legislative committees, ombudspersons and audit
institutions, and civil society stakeholders.
(C) Counterterrorism operations.
(D) Counter-weapons of mass destruction operations.
(E) Counter-illicit drug trafficking operations.
(F) Counter-transnational organized crime
operations.
(G) Maritime and border security operations.
(H) Military intelligence operations.
(I) Air domain awareness operations.
(4) 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 15 days in advance of such
proposed obligation, including a description of the ongoing,
completed, and planned institutional capacity building efforts
with the recipient country.
(5) Availability of funds.--Notwithstanding any other
provision of law, 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 Compact.
(c) Other Funds.--Any assistance such partner country is eligible
for pursuant to the relevant Tier as described in section 4 may also be
provided as part of the Compact described in section 6.
SEC. 8. GRADUATION FROM ASSISTANCE.
(a) In General.--The Secretary, in coordination with the Secretary
of Defense, shall conduct an assessment of each partner country that
has been ranked as a tier four partner country for 5 consecutive years
to determine whether--
(1) the partner country should continue to receive security
sector assistance or whether the type and amount of such
assistance should be adjusted as appropriate; and
(2) the type and amount of security sector assistance
provided to the partner country has achieved previously-
identified short-term and long-term desired outcomes.
(b) Report.--The Secretary, in coordination with the Secretary of
Defense, shall submit to the appropriate congressional committees a
report on an annual basis that contains the assessments required by
subsection (a), including the results of the assessments.
(c) Exemption.--The Secretary shall not be required to conduct an
assessment under subsection (a) with respect to any country that is a
North Atlantic Treaty Organization member country or Australia, New
Zealand, Japan, or South Korea.
SEC. 9. DEFINITIONS.
In this Act--
(1) except as otherwise provided, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate;
(2) the term ``Department'' means the Department of State;
(3) the term ``Index'' means the metrics and indicators of
the Security Sector Governance Index developed under section 3;
(4) except as otherwise provided, the term ``Secretary''
means the Secretary of State;
(5) the term ``security assistance'' means assistance
provided under the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), the Arms Export Control Act (22 U.S.C. 2751 et
seq.) (other than Foreign Military Sales or Direct Commercial
Sales), or any other provision of law;
(6) the term ``security sector assistance'' means--
(A) security assistance (as defined in paragraph
(5)); and
(B) security cooperation and related activities and
engagement provided under title 10, United States Code,
to include sections 127e and 127d of title 10;
(7) the term ``security partner country'' means a foreign
country that currently receives or participates in security
sector assistance;
(8) the term ``tier one partner country assistance'' means
the types of security sector assistance described in section
5(a);
(9) the term ``tier two partner country assistance'' means
the types of security sector assistance described in section
5(b);
(10) the term ``tier three partner country assistance''
means the types of security sector assistance described in
section 5(c); and
(11) the term ``tier four partner country assistance''
means the types of security sector assistance described in
section 5(d).
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