“(a) Assistance for International Malaria Control Act.—
[Repealed section 501 of Pub. L. 106–570, formerly set out below.]
“(b) Comprehensive Peace in Sudan Act.—
[Amended Pub. L. 108–497, formerly set out below.]
“(c) Economic Assistance.—“(1) In general.—Notwithstanding any other provision of law, the President is authorized to provide economic assistance for Sudan in an effort to provide emergency relief, to promote economic self-sufficiency, to build civil authority, to provide education, to enhance rule of law and the development of judicial and legal frameworks, and to support people to people reconciliation efforts, or to implement any nonmilitary program in support of any viable peace agreement in Sudan, including the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement.
“(2) Congressional notification.—Assistance may not be obligated under this subsection until 15 days after the date on which the Secretary of State notifies the congressional committees specified in section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1) of such obligation in accordance with the procedures applicable to reprogramming notifications under such section.
“(d) Authorized Military Assistance.—“(1) In general.—If the President has not made a certification under section 12(a)(3) of the Sudan Peace Act [Pub. L. 107–245, formerly set out below] (50 U.S.C. 1701 note) regarding the noncompliance of the SPLM/A or the Government of Southern Sudan with the Comprehensive Peace Agreement for Sudan, the President, notwithstanding any other provision of law, may authorize, for each of fiscal years 2006, 2007, and 2008, the provision of the following assistance to the Government of Southern Sudan for the purpose of constituting a professional military force—“(A) non-lethal military equipment and related defense services, including training, controlled under the International Traffic in Arms Regulations (22 C.F.R. 120.1 et seq.) if the President—“(i) determines that the provision of such items is in the national security interest of the United States; and
“(ii) not later than 15 days before the provision of any such items, notifies the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives of such determination; and
“(B) small arms and ammunition under categories I and III of the United States Munitions List (22 C.F.R. 121.1 et seq.) if the President—“(i) determines that the provision of such equipment is essential to the national security interests of the United States; and
“(ii) consistent with the procedures set forth in section 614(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)(3)), notifies the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives of such determination.
“(2) End use assurances.—For each item exported pursuant to this subsection or subsection (c), the President shall include with the notification to Congress under subparagraphs (A)(ii) and (B)(ii) of paragraph (1)—“(A) an identification of the end users to which the provision of assistance is being made;
“(B) the dollar value of the items being provided;
“(C) a description of the items being provided; and
“(D) a description of the end use verification procedures that will be applied to such items, including—“(i) any special assurances obtained from the Government of Southern Sudan or other authorized end users regarding such equipment; and
“(ii) the end use or retransfer controls that will be applied to any items provided under this subsection.
“(3) Waiver authority.—Section 40 of the Arms Export Control Act (22 U.S.C. 2780) shall not apply to assistance provided under paragraph (1).
“(e) Exception to Prohibitions in Executive Order Number 13067.—Notwithstanding any other provision of law, the prohibitions set forth with respect to Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989) [listed in a table below] shall not apply to activities or related transactions with respect to Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, or marginalized areas in and around Khartoum.