Leahy Law - Two Different Laws

Two Different Laws

The Leahy Law in the 2001 Foreign Operations Appropriations Act (Section 563 of Pub.L. 106-429) states:

None of the funds made available by this Act may be provided 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, unless the Secretary determines and reports to 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.

There are actually two different Leahy Laws. One is attached to the Defense Appropriations and the other is within the Foreign Operations Appropriations. The Foreign Operations Appropriations Leahy Law cover weapons funding and training, but the 2001 Defense Appropriations act Leahy Law only covers training. Both Leahy provisions have similar wording.

The Leahy Law version attached to the Foreign Operations Appropriations has no waivers, but the Leahy Law in the Defense Appropriations version can be waived if the Secretary of Defense determines that “extraordinary circumstances” require it.

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