; or (B) is used to launch a national security payload into space. (2) The term does not include ammonium perchlorate obtained from sources outside the United States for use in an air-to-air missile program and qualified for such use as of the date of the enactment of this Act. (c) Waiver The Secretary of Defense may waive the limitation in subsection (a) if the Secretary makes a determination in writing that obtaining covered ammonium perchlorate from sources outside the United States is in the national security interests of the United States. 6. Prohibition on sale of domestic rare earth mines (a) Prohibition The Committee on Foreign Investment in the United States shall not approve any foreign government-controlled transaction relating to a domestic rare earth facility if a party to such transaction is controlled by or acting on behalf of— (1) the People’s Republic of China; or (2) the Russian Federation. (b) Certification Before approving a foreign government-controlled transaction relating to a domestic rare earth facility, the Committee shall submit to Congress a written certification that the transaction— (1) does not violate the prohibition under subsection (a); and (2) will not compromise the national security of the United States. (c) Definitions In this section: (1) The term Committee on Foreign Investment in the United States means the committee established under section 721(k) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k) ). (2) The term domestic rare earth facility means any facility inside the United States at which rare earth elements are mined, produced, or processed, regardless of whether such facility is operational. (3) The term foreign government-controlled transaction has the meaning given the term in section 721(a) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a) ).