Sec. 1669. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION

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## SEC. 1669 IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION ###

(a)Iron Dome Short-range Rocket Defense System ####

(1)Availability of funds Of the funds authorized to be appropriated by this Act for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $108,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States. ####

(2)Conditions #####

(A)Agreement Funds described in paragraph

(1)for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors. #####

(B)Certification Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— ######

(i)a certification that the amended bilateral international agreement specified in subparagraph

(A)is being implemented as provided in such agreement; ######

(ii)an assessment detailing any risks relating to the implementation of such agreement; and ######

(iii)for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended. ###

(b)Israeli Cooperative Missile Defense Program, David’s Sling Weapon System Co-production ####

(1)In general Subject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $30,000,000 may be provided to the Government of Israel to procure the David’s Sling Weapon System, including for co-production of parts and components in the United States by United States industry. ####

(2)Agreement Provision of funds specified in paragraph

(1)shall be subject to the terms and conditions in the bilateral co-production agreement, including— #####

(A)a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and #####

(B)co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David’s Sling Weapon System is not less than 50 percent. ####

(3)Certification and assessment The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— #####

(A)a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David’s Sling Weapon System; and #####

(B)an assessment detailing any risks relating to the implementation of such agreement. ###

(c)Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier Interceptor Program Co-production ####

(1)In general Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $62,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry. ####

(2)Certification The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that— #####

(A)the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program; #####

(B)funds specified in paragraph

(1)will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); #####

(C)the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds— ######

(i)in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production; ######

(ii)complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel; ######

(iii)technical milestones for co-production of parts and components and procurement; ######

(iv)a joint affordability working group to consider cost reduction initiatives; and ######

(v)joint approval processes for third-party sales; and #####

(D)the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent. ###

(d)Number In carrying out paragraph

(2)of subsection

(b)and paragraph

(2)of subsection (c), the Under Secretary may submit— ####

(1)one certification covering both the David’s Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or ####

(2)separate certifications for each respective system. ###

(e)Timing The Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph

(1)of subsections

(b)and

(c)for the respective system covered by the certification are provided to the Government of Israel. ###

(f)Workshare for Iron Dome Replenishment Efforts ####

(1)Maintenance of agreement With respect to replenishment efforts for the Iron Dome short-range rocket defense system carried out during fiscal year 2022, the Secretary of Defense may seek to maintain a workshare agreement for the United States production of systems that are covered, as of the date of the enactment of this Act, under the memorandum of understanding regarding United States and Israeli cooperation on missile defense. ####

(2)Briefing The Secretary of Defense shall provide to the appropriate congressional committees a briefing detailing the terms of any workshare agreements described by paragraph (1). ###

(g)Appropriate Congressional Committees Defined In this section, the term “appropriate congressional committees” means the following: ####

(1)The congressional defense committees. ####

(2)The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.