END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES.

SEC. 150. END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES. (a) In General.— The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended by inserting after chapter 3 the following new chapter: “CHAPTER 3A— END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES “SEC. 40A. END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES. “(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. 110 STAT. 1437 “(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. “(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.”. (b) Effective Date.— Section 40A of the Arms Export Control Act, as added by subsection (a), applies with respect to defense articles and defense services provided before or after the date of the enactment of this Act.