Improving
Implementation of the
Department of Defense
Leahy Law
Michael J. McNerney, Jonah Blank, Becca Wasser, Jeremy Boback,
Alexander Stephenson
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Cover: U.S. Marine Corps photo by Cpl. Reece Lodder.
iii
Preface
Te U.S. Department of Defense (DoD) provides assistance to foreign
defense organizations around the world to achieve common security
goals. Te “DoD Leahy law,” a provision in annual defense appropria-
tion acts and, more recently, in the Carl Levin and Howard P. “Buck”
McKeon National Defense Authorization Act for Fiscal Year 2015 (10
U.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 viola-
tion 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.
Tis 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. Te report should help
strengthen DoD’s capacity and capability to implement the law efec-
tively. Te contents should be of interest to defense and foreign policy
analysts with an interest in security cooperation and human rights.
Tis research was sponsored by the Deputy Assistant Secretary of
Defense for Stability and Humanitarian Afairs and conducted within
the International Security and Defense Policy Center of the RAND
National Defense Research Institute, a federally funded research
and development center sponsored by the Ofce of the Secretary of
Defense, the Joint Staf, the Unifed Combatant Commands, the
ivImproving Implementation of the Department of Defense Leahy Law
Navy, the Marine Corps, the defense agencies, and the defense Intel-
ligence Community.
For more information on the RAND International Security and
Defense Policy Center, see rand/nsrd/ndri/centers/isdp or
contact the director (contact information is provided on the web page).
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