201. Syrian transition fund
Syrian political transition fund— The President is authorized to establish a Syria Transition Fund or to set aside a special allocation (in this title referred to as the “Transition Fund”) from which funds may be made available, notwithstanding any other provision of law, for assistance and contributions to promote the objectives described in section 4 and for related purposes. The Fund may rely upon the administrative authorities of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and obligation of such funds shall be subject to the regular 15-day notification procedures. Such notification may be waived if failure to do so would pose a substantial risk to human health or welfare, in which case notification shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable.
Purpose— The purpose of the Transition Fund is to provide initial support in the early period of a potentially chaotic transition in Syria to enable an effective political transition and provide for initiatives that will improve the security of the United States, United States partners and allies, and the people of Syria. The Transition Fund may be used to support activities including the following:
Basic services— Programs to provide for basic human, including humanitarian, needs and establish basic governmental services.
Security sector support— Programs and actions to prevent anarchy, revenge attacks, and criminal elements from threatening the people of Syria, potentially transitioning to include providing funding for Syrian security forces, and to fund projects to reshape and reform the security sector along democratic lines. The security sector is understood to include personnel defending the Syrian people from military attack and providing security services within communities and on borders. Assistance to the emergent Syrian security sector should focus on coordinated multilateral assistance to help nascent security providers evolve into developed defense and security institutions within an inclusive and effective security and justice sector.
Transitional justice and conflict resolution— Programs and activities that allow the people of Syria to heal and transform in a constructive and positive way, and reduce the likelihood of retribution or sectarian violence in the aftermath of the end of the Assad regime.
Promoting democracy and building democratic institutions— Programs and activities that—
facilitate the development of an accountable effective democratic government;
facilitate the development of an effective, peaceful civil society;
protect rule of law during the transition;
support the development and administration of a justice system based on universal human rights;
assist with the development of a Syrian constitution that fosters a sense of unity and contributes to national reconciliation among different components of Syrian society; and
support the establishment of an inclusive and transparent electoral system in Syria.
Economic restructuring and social policy— Programs that support the resumption of economic activity, preserve functioning of public services, restore access to international markets, empower the private sector, and promote responsible and equitable social policies.
Historical preservation— Programs that support historical preservation efforts to help document the collective memory of the armed conflict in Syria in order to support the processes of national reconciliation and peace-building.
Collection of evidence on human rights abuses— Programs that support the collection of evidence connected with serious human rights abuses and violations of international law.
Authorization of appropriations— In addition to other assistance authorized under law, there is authorized to be appropriated or allocated to the Transition Fund up to $250,000,000 annually for fiscal years 2013 through 2015. These funds shall remain available until expended.
Uses of funds for nonproliferation— Notwithstanding any other provision of law, up to $100,000,000 of the funds authorized under subsection (c) may also be transferred to and merged with funds made available to carry out in Syria the purposes of chapter 9 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.; nonproliferation and export control assistance).
Transfer authority—
In general— In addition to other transfer authorities available to the Department of State or other United States Government agencies, funds available for foreign assistance or funds of other United States Government agencies involved in efforts related to the situation in Syria may be transferred to or allocated as part of the Fund. Amounts so transferred shall be merged with funds otherwise made available under this section and remain available until expended for the purposes specified in subsection (b).
Limit— The total amount of funds made available to, or allocated for, the Fund may not exceed $250,000,000 in any fiscal year.
Transfer authority— Funds available to carry out assistance authorized by this section may be transferred to an agency or account determined most appropriate to facilitate the provision of assistance authorized by this section.
Additional to other authorities— The transfer authorities in paragraphs (1) and (3) are in addition to any other transfer authority available to the Department of State or other United States Government agencies.
Annual report—
In general— Not later than 180 days after the establishment of the Transition Fund, or an allocation in reliance on the authorities of the Transition Fund, and annually thereafter for the duration of the Transition Fund, the Secretary of State shall submit to the appropriate congressional committees a report on United States efforts to assist the political transition in Syria with a specific focus on the efforts supported by the Transition Fund.
Content— The report required under paragraph (1) shall include the following elements:
A description of the key efforts undertaken by the United States Government to support the policy objectives outlined in section 4.
A description of the efforts supported by the Transition Fund to support an effective and secure political transition in Syria and how those activities align with the purposes described in subsection (b).
Metrics and benchmarks established and used by the Department of State to make allocations from the Transition Fund, and to measure the performance of the Transition Fund and its various components.
A description of efforts undertaken to coordinate with other donors and ensure that there is not a duplication of efforts, including among Federal agencies.
Form— The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.