# § 2785. End-use monitoring of defense articles and defense services
**(a)** **Establishment of monitoring program**
**(1)** **In general** 22 U.S.C. 2151
In order to improve accountability with respect to defense articles and defense services sold, leased, or exported under this chapter or the Foreign Assistance Act of 1961 ( 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 2778(g)(7) of this title (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** July 21, 199622 U.S.C. 2394
Not later than 6 months after , 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** 22 U.S.C. 2151
For purposes of this section, defense articles and defense services sold, leased, or exported under this chapter or the Foreign Assistance Act of 1961 ( et seq.) includes defense articles and defense services that are transferred to a third country or other third party.
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**Source Credit**: (Pub. L. 90–629, ch. 3A, § 40A, as added Pub. L. 104–164, title I, § 150(a), July 21, 1996, 110 Stat. 1436; amended Pub. L. 107–228, div. B, title XII, § 1205(b), Sept. 30, 2002, 116 Stat. 1428.)
## Editorial Notes
### References in Text
This chapter, referred to in subsecs. (a)(1) and (d), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1) and (d), is , , , which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
### Codification
Another is classified to .
### Amendments
2002—Subsec. (c). inserted “and the numbers, range, and findings of end-use monitoring of United States transfers of small arms and light weapons” before period at end.
## Statutory Notes and Related Subsidiaries
### 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 [
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> ].”
, , , provided that:
## Executive Documents
### Delegation of Functions
For delegation of functions of the President under this section, with certain conditions, see section 1(p) of Ex. Ord. No. 13637, , 78 F.R. 16130, set out as a note under . Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.