451 
services, or $200,000,000 or more in the case of de-
sign or construction services, then the Secretary 
shall submit to the chairman of the Committee on 
Foreign Affairs of the House of Representatives and 
the chairman of the Committee on Foreign Relations 
of the Senate a new numbered certification which re-
lates to such enhancement or upgrade and which 
shall be considered for purposes of this section as if 
it were a separate letter of offer to sell defense 
equipment, articles, or services, subject to all of the 
requirements, restrictions, and conditions set forth 
in this section. 
(2) RULE OF CONSTRUCTION.—For purposes of 
this subsection, references in this section to sales 
shall be deemed to be references to enhancements or 
upgrades in the sensitivity of technology or the capa-
bility of major defense equipment, defense articles, 
or defense services, as the case may be. 
SEC. 4384. CONGRESSIONAL REVIEW PERIOD AND DIS-
APPROVAL. 
(a) REVIEW PERIOD.—Any numbered certification 
submitted to the appropriate congressional committees for 
a letter of offer or a license to export under section 4382 
may not be issued not earlier than— 
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(1) in the case of a strategic United States ally, 
15 legislative days after the date of submission of 
the certification; 
(2) in the case of any other country, 30 legisla-
tive days after the date of submission of the certifi-
cation; and 
(3) in the case of a license for export of a com-
mercial communications satellite for launch from, 
and by nationals of, the Russian Federation, 
Ukraine, or Kazakhstan, 15 legislative days after 
the date of submission of the certification. 
(b) DISAPPROVAL.—No letter of offer, or license to 
export, may be issued for any proposed sale subject to the 
provisions of this section if a joint resolution of dis-
approval is enacted providing for any such sale within the 
respective time periods specified in subsection (a). 
(c) PROCEDURES
FOR CONSIDERATION
OF JOINT 
RESOLUTION.— 
(1) SENATE.—Any such joint resolution shall 
be considered in the Senate in accordance with the 
provisions of section 601(b) of the International Se-
curity Assistance and Arms Export Control Act of 
1976, except that for purposes of consideration of 
any joint resolution with respect to a strategic 
United States ally, it shall be in order in the Senate 
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453 
to move to discharge a committee to which such 
joint resolution was referred if such committee has 
not reported such joint resolution at the end of 5 
calendar days after its introduction. 
(2) HOUSE
OF
REPRESENTATIVES.—For the 
purpose of expediting the consideration and enact-
ment of joint resolutions under this subsection, a 
motion to proceed to the consideration of any such 
joint resolution after it has been reported by the ap-
propriate committee shall be treated as highly privi-
leged in the House of Representatives. 
SEC. 4385. NATIONAL SECURITY WAIVER OF CONGRES-
SIONAL REVIEW OF ARMS SALES. 
(a) AUTHORITY.—If the President informs the appro-
priate congressional committees that an emergency exists 
that requires a sale of a defense article or defense service 
under section 4331 or a retransfer of a defense article or 
defense service under section 4361 in the national security 
interests of the United States, the President may exempt 
the proposed sale from the requirements of this chapter. 
(b) JUSTIFICATION.—Before exercising such waiver, 
the President shall set forth in a statement to the appro-
priate congressional committees a detailed justification for 
the President’s determination, including a description of 
the emergency circumstances that necessitate the imme-
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454 
diate issuance of the letter of offer and a discussion of 
the national security interests involved. 
SEC. 4386. PUBLICATION OF ARMS SALES NOTIFICATIONS. 
(a) PUBLICATION.—The Secretary shall publish in a 
timely manner in the Federal Register, upon transmittal 
to the Speaker of the House of Representatives and to 
the chairman of the Committee on Foreign Relations of 
the Senate, the full unclassified text of each numbered cer-
tification submitted pursuant to section 4382. 
(b) RULE OF CONSTRUCTION.—Information relating 
to offset agreements shall be treated as confidential infor-
mation in accordance with section 12(c) of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 2411(c)) (as 
continued in effect under the International Emergency 
Economic Powers Act). 
SEC. 4387. CERTIFICATION REQUIREMENT RELATING TO 
ISRAEL’S QUALITATIVE MILITARY EDGE. 
(a) IN GENERAL.—Any certification relating to a 
proposed sale or export of defense articles or defense serv-
ices under this chapter to any country in the Middle East 
other than Israel shall include an unclassified determina-
tion that the sale or export of the defense articles or de-
fense services will not adversely affect Israel’s qualitative 
military edge over military threats to Israel, but may also 
include a classified determination as well. 
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455 
(b) QUALITATIVE MILITARY EDGE DEFINED.—In 
this section, the term ‘‘qualitative military edge’’ means 
the ability to counter and defeat any credible conventional 
military threat from any individual state or possible coali-
tion of states or from non-state actors, while sustaining 
minimal damages and casualties, through the use of supe-
rior military means, possessed in sufficient quantity, in-
cluding weapons, command, control, communication, intel-
ligence, surveillance, and reconnaissance capabilities that 
in their technical characteristics are superior in capability 
to those of such other individual or possible coalition of 
states or non-state actors. 
CHAPTER 7—LANDMINES AND CLUSTER 
MUNITIONS 
SEC. 4391. LANDMINES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, demining equipment available to the Agency 
or the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for hu-
manitarian purposes may be disposed of on a grant basis 
in foreign countries. 
(b) TERMS AND CONDITIONS.—The exercise of the 
authority under subsection (a) shall be subject to such 
terms and conditions as the President may prescribe. 
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456 
SEC. 4392. CLUSTER MUNITIONS. 
No security assistance may be provided for cluster 
munitions, no defense export license for cluster munitions 
may be issued, and no cluster munitions or cluster muni-
tions technology shall be sold or transferred, unless— 
(1) the submunitions of the cluster munitions, 
after arming, do not result in more than 1 percent 
unexploded ordnance across the range of intended 
operational environments; and 
(2) the agreement applicable to the assistance, 
transfer, or sale of such cluster munitions or cluster 
munitions technology specifies that— 
(A) the cluster munitions will only be used 
against clearly defined military targets and will 
not be used where civilians are known to be 
present or in areas normally inhabited by civil-
ians; and 
(B) the recipient agrees to immediately re-
cover any unexploded submunitions, and to give 
assistance as necessary to any civilian injuries, 
that follow the use of such weapons in any area 
in which civilians are present. 
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457 
Subtitle D—General Administrative 
and Miscellaneous Provisions 
SEC. 4401. GENERAL PROVISIONS. 
(a) PROCUREMENT IN THE UNITED STATES; CO-
PRODUCTION OR LICENSED PRODUCTION OUTSIDE THE 
UNITED STATES.— 
(1) IN GENERAL.—In carrying out this title, 
special emphasis shall be placed on procurement in 
the United States, but, subject to the provisions of 
subsection (b), consideration shall also be given to 
coproduction or licensed production outside the 
United States of defense articles of United States 
origin when such production best serves the foreign 
policy, national security, and economy of the United 
States. 
(2) EVALUATION.—In evaluating any sale pro-
posed to be made pursuant to this title, there shall 
be taken into consideration— 
(A) the extent to which the proposed sale 
damages or infringes upon licensing arrange-
ments whereby United States entities have 
granted licenses for the manufacture of the de-
fense articles selected by the purchasing coun-
try to entities located in friendly foreign coun-
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458 
tries, which licenses result in financial returns 
to the United States; 
(B) the portion of the defense articles so 
manufactured which is of United States origin; 
and 
(C) whether, and the extent to which, such 
sale might contribute to an arms race, aid in 
the development of weapons of mass destruc-
tion, support international terrorism, increase 
the possibility of outbreak or escalation of con-
flict, or prejudice the development of bilateral 
or multilateral arms control or nonproliferation 
agreements or other arrangements. 
(b) PROHIBITIONS.—No credit sale shall be extended 
under section 4251 in any case involving coproduction or 
licensed production outside the United States of any de-
fense article of United States origin, unless the Secretary, 
in advance of any such transaction, advises the appro-
priate congressional committees and furnish the Speaker 
of the House of Representatives and the President of the 
Senate with full information regarding the proposed trans-
action, including a description of the particular defense 
article or articles which would be produced under license 
or coproduced outside the United States, the estimated 
value of such production or coproduction, and the probable 
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459 
impact of the proposed transaction on employment and 
production within the United States. 
(c) AVAILABILITY OF FUNDS.—Funds made available 
under this title may be used for procurement outside the 
United States only if the President determines that such 
procurement will not result in adverse effects upon the 
economy of the United States or the industrial mobiliza-
tion base, with special reference to any areas of labor sur-
plus or to the net position of the United States in its bal-
ance of payments with the rest of the world, which out-
weigh the economic or other advantages to the United 
States of less costly procurement outside the United 
States 
(d) RESPONSIBILITIES
OF
SECRETARY
OF
DE-
FENSE.— 
(1) IN GENERAL.—With respect to sales under 
sections 4311, 4312, 4324, and 4351 the Secretary 
of Defense shall, under the direction of the Presi-
dent, have primary responsibility for— 
(A) the determination of military end-item 
requirements; 
(B) the procurement of military equipment 
in a manner which permits its integration with 
service programs; 
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(C) the supervision of the training of for-
eign military personnel; 
(D) the movement and delivery of military 
end-items; and 
(E) within the Department of Defense, the 
performance of any other functions with respect 
to sales and guaranties. 
(2) PRIORITIES.—The establishment of prior-
ities in the procurement, delivery, and allocation of 
military equipment shall, under the direction of the 
President, be determined by the Secretary of De-
fense. 
(e) TERMINATION PROVISIONS.— 
(1) CONTRACTS.—Each contract for sale en-
tered into under sections 4311, 4312, 4324, and 
4351, and each contract entered into under section 
4282, shall provide that such contract may be can-
celed in whole or in part, or its execution suspended, 
by the United States at any time under unusual or 
compelling circumstances if the national interest of 
the United States so requires. 
(2) EXPORT
LICENSES.—Each export license 
issued under section 4331 shall provide that such li-
cense may be revoked, suspended, or amended by the 
Secretary, without prior notice, whenever the Sec-
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