Improving Implementation of the Department of Defense Leahy Law

The U.S. Department of Defense DoD provides assistance to foreign defense organizations around the world to achieve common security goals. The DoD Leahy law, a provision in annual defense appropriation acts and, more recently, in the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 10U.S. Code 2249e, prohibits the use of DoD funds for any training, equipment, or other assistance for a unit of foreign security force if there is credible information that the unit has committed a gross violation of human rights. DoD and the Department of State have worked together closely on clear and consistent guidance for implementing this law, as well as a more rigorous process to manage the vetting of foreign security forces. This report analyzes existing guidance and every step of the Leahy vetting process, in order to suggest ways DoD might strengthen implementation of the DoD Leahy law, in many cases requiring close collaboration with the Department of State. The report should help strengthen DoDs capacity and capability to implement the law effectively. The contents should be of interest to defense and foreign policy analysts with an interest in security cooperation and human rights.