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.