123STA T .8 8 6PUBLIC LA W 111 – 8 —M A R .11 , 2 0 0 9Thatsuc h f u nd s m a ybe made a v a il able o nly if the S ec r etary of State certifies that the A ir F orce ,N avy and Army C or p s of E n g ineers are respecting internationally recogni z ed human rights and cooperating w ith civilian j udicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of such rights, including protecting and providing to the Attorney G en - eral ’ s office all military archives pertaining to the internal armed conflict, and cooperating with the C I CIG by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony .( e ) A S S I S TANCEFORM E X ICO. —O f the funds appropriated under the headings ‘ ‘International Narcotics Control and L aw Enforce- ment’’, ‘‘Foreign Military Financing P rogram’’, and ‘‘Economic Sup- port Fund’’ in this Act, not more than $30 0,000,000 may be made available for assistance for Me x ico, only to combat drug traffic k ing and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activities, of which not less than $ 75 ,000,000 shall be used for judicial reform, institution building, anti-corruption, and rule of law activities
- Pro-vide
d, That none of the funds made available under this section shall be made available for budget support or as cash payments. ( 1 )A L LOCATION OF F U N D S.—Fifteen percent of the funds made available under this section in this Act, for assistance for Mexico, not including assistance for judicial reform, institu- tion building, anti-corruption, and rule of law activities, may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the Government of Mexico is continuing to— (A) improve the transparency and accountability of Federal police forces and to work with State and municipal authorities to improve the transparency and accountability of State and municipal police forces through mechanisms including police complaints commissions with authority and independence to receive complaints and carry out effective investigations
( B ) conduct regular consultations with Mexican human rights organizations and other relevant Mexican civil society organizations on recommendations for the implementation of the Merida Initiative in accordance with Mexican and international law; (C) ensure that civilian prosecutors and judicial authorities are investigating and prosecuting, in accordance with Mexican and international law, members of the Fed- eral police and military forces who have been credibly alleged to have violated internationally recognized human rights, and the Federal police and military forces are fully cooperating with the investigations; and ( D ) enforce the prohibition, in accordance with Mexican and international law, on the use of testimony obtained through torture or other ill-treatment. ( 2 ) R E P ORT.—The report re q uired in paragraph (1) shall include a description of actions taken with respect to each requirement. (3) SPENDIN G PLAN.—Not later than 4 5 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan, Deadlin e .R e ports .
