Sec. 40A.17. END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES
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## SEC. 40A.17 END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES **[**2785**]** 17Section 150(a) of Public Law 104–164 (110 Stat. 1436) added this section. Probably should be redesignated as section 40B. ###
(a)Establishment of Monitoring Program ####
(1)In general In order to improve accountability with respect to defense articles and defense services sold, leased, or exported under this Act or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the President shall establish a program which provides for the end-use monitoring of such articles and services. ####
(2)Requirements of program To the extent practicable, such program— #####
(A)shall provide for the end-use monitoring of defense articles and defense services in accordance with the standards that apply for identifying high-risk exports for regular end-use verification developed under section 38(g)(7) of this Act (commonly referred to as the “Blue Lantern” program); and #####
(B)shall be designed to provide reasonable assurance that— ######
(i)the recipient is complying with the requirements imposed by the United States Government with respect to use, transfers, and security of defense articles and defense services; and ######
(ii)such articles and services are being used for the purposes for which they are provided. ###
(b)Conduct of Program In carrying out the program established under subsection (a), the President shall ensure that the program— ####
(1)provides for the end-use verification of defense articles and defense services that incorporate sensitive technology, defense articles and defense services that are particularly vulnerable to diversion or other misuse, or defense articles or defense services whose diversion or other misuse could have significant consequences; and ####
(2)prevents the diversion (through reverse engineering or other means) of technology incorporated in defense articles. ###
(c)Report to Congress Not later than 6 months after the date of the enactment of this section, and annually thereafter as a part of the annual congressional presentation documents submitted under section 634 of the Foreign Assistance Act of 1961, the President shall transmit to the Congress a report describing the actions taken to implement this section, including a detailed accounting of the costs and number of personnel associated with the monitoring program and the numbers, range, and findings of end-use monitoring of United States transfers of small arms and light weapons. ###
(d)Third Country Transfers For purposes of this section, defense articles and defense services sold, leased, or exported under this Act or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) includes defense articles and defense services that are transferred to a third country or other third party. ## CHAPTER 4 GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS18 18The word **CHAPTER** should appear as **Chapter** per original law.
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- Pub. L. 104-164
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Sec. 40A.17
END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES
Pub. L.Pub. L. 104-164
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