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.