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
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