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The Process Appears to Be Effective Overall, but Transparency and Communication Could Improve

• The process is relatively effective at identifying human rights violators, but it could be more transparent to DoD stakeholders.
• Much of the confusion stems from the complexity of the system and the lack of clear, transparent, and consistent communication among all stakeholders.
• Formal written procedures necessarily vary for embassies, but we found that the clarity and comprehensiveness of standard operating procedures (SOPs) varied widely among embassies.

There Are Some Challenges with Using the Department of State's (DoS's) Database to Support Policy Analysis

• Access to the database can be an issue for DoD personnel.
• It is not always clear to policymakers how decisions are affecting training events.
• DoS's database, International Vetting and Security Tracking (INVEST), lacks a way to sort or aggregate information according to whether the DoD or DoS Leahy law applies.

Few Problems With Process Time Lines Were Reported, but Steps to Avoid Problems Sometimes Had Unintended Consequences

• When intense deadline pressures arise, vetters may abandon cases that might have led to resolution with further discussion or investigation.

Improving Training May Improve Implementation Significantly

• Training differs for DoD and DoS staff, but neither appears to focus sufficiently on the vetting process itself.

Protection of human rights is an essential American value. One way Congress has extended this value in foreign policy is through the "Leahy laws" (named for their author, Sen. Patrick Leahy, D-Vt.). These laws prohibit the U.S. government from providing assistance or training to members of a unit of any nation's security forces that has perpetuated a gross violation of human rights with impunity. This report examines the process by which individuals and units are vetted in compliance with the Leahy law applicable to the U.S. Department of Defense (DoD) to help DoD improve its role in the existing system and to build further capacity to implement the law effectively, with transparency and accountability for results. The authors examined relevant laws, documentation, and data and interviewed over 75 officials from DoD and the U.S. Department of State. The objectives were to understand the requirements and processes, to identify challenges and best practices, and to offer recommendations for improvement. Our research found that Leahy-vetting requirements are generally not a roadblock to security cooperation, but its oversight is challenged by inadequate governance structures. In addition to describing a more robust working group structure, the report outlines about a dozen additional recommendations detailing improvements in six categories: process and policy challenges and best practices, time lines for vetting, clarity of scope for vetting, information used for vetting, adequacy of training and resources, and partner relationships.

• Chapter One

  Introduction

• Chapter Two

  Vetting Challenges and Best Practices

• Chapter Three

  Key Findings and Recommendations