The Leahy Law

The provision generally referred to as the Leahy Amendment or Leahy Law had been included in the annual foreign operations appropriations (FOAA) since 1997 and in a weaker form in the annual Department of Defense appropriations.

Section 651 of the bill HR 2764 passed at the end of 2007 as Public Law 110-161 made the provision more permanent as Section 620J of the Foreign Assistance Act of 1961 (as amended).

In a change from past legislation, the language now state that "no assistance" shall be provided, an expansion from  "None of the funds made available by this Act [FOAA] ..." The provision now explicitly includes all security assistance. This includes both to military and policy units.

LIMITATION ON ASSISTANCE TO SECURITY FORCES

Sec. 651. Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by adding the following section:

SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.

(a) In General.--No assistance shall be furnished under this Act or the Arms Export Control Act to any unit of the security forces of a foreign country if the Secretary of State has credible evidence that such unit has committed gross violations of human rights.

(b) Exception.--The prohibition in subsection (a) shall not apply if the Secretary determines and reports to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations that the government of such country is taking effective measures to bring the responsible members of the security forces unit to justice.

(c) Duty to Inform.--In the event that funds are withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice.''.