Sec. 1245. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO TURKEY

805 words·~4 min read·/statute-compilations/comps-15772/sec-1245

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1245 LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO TURKEY ###

(a)Limitation None of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be used to do the following, and the Department may not otherwise do the following: ####

(1)Transfer, facilitate the transfer, or authorize the transfer of, any F-35 aircraft or related support equipment or parts to Turkey. ####

(2)Transfer intellectual property, technical data, or material support necessary for, or related to, any maintenance or support of the F-35 aircraft necessary to establish Turkey’s indigenous F-35 capability. ####

(3)Construct a storage facility for, or otherwise facilitate the storage in Turkey of, any F-35 aircraft transferred to Turkey. ###

(b)Waiver ####

(1)Certification The Secretary of Defense, jointly with the Secretary of State, may waive the limitation under subsection

(a)only if the Secretaries submit to the appropriate committees of Congress a written certification that contains a determination by the Secretaries, and any relevant documentation on which the determination is based, that the Government of Turkey, having previously accepted delivery of the S-400 air and missile defense system from the Russian Federation— #####

(A)no longer possesses the S-400 air and missile defense system or any other equipment, materials, or personnel associated with such system; #####

(B)has provided credible assurances that the Government of Turkey will not in the future accept delivery of such system; and #####

(C)has not, since July 31, 2019, purchased or accepted delivery of defense equipment from the Russian Federation in addition to the S-400 air and missile defense system that would increase the risk of compromising the capabilities of the F-35 aircraft and its associated systems. ####

(2)Notice and wait requirement The Secretary of Defense and the Secretary of State may not waive the limitation under subsection

(a)until 90 days after the date on which the Secretaries submit the certification under paragraph (1). ###

(c)Sense of Congress It is the sense of Congress that— ####

(1)Turkey’s possession of the S-400 air and missile defense system adversely affects the national security of Turkey, the United States, and all members of the North Atlantic Treaty Alliance; ####

(2)the United States offer of the Patriot air and missile defense system to Turkey constituted a viable alternative to Turkey’s acquisition of the S-400 air and missile defense system; ####

(3)acceptance of the S-400 air and missible defense system by Turkey constitutes a significant transaction within the meaning of section 231(a) of the Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9525(a)); and ####

(4)the President should implement the Countering Russian Influence in Europe and Eurasia Act of 2017 (Public Law 115-44; 131 Stat. 886) by imposing and applying sanctions under section 235 of that Act (22 U.S.C. 9529) with respect to any individual or entity determined to have engaged in such significant transaction as if such person were a sanctioned person for purposes of such section. ###

(d)Authorization of Expenditure ####

(1)In general The Secretary of Defense is authorized— #####

(A)to fly up to 6 Turkish F-35 aircraft (tail numbers AT-1 thru AT-6) to a storage location in the United States; and #####

(B)to induct these aircraft into a long-term storage condition. ####

(2)Storage, plan, and disposition of aircraft and equipment The Secretary of Defense may expend up to $30,000,000 of funds authorized to be appropriated for fiscal year 2020 for the Department of Defense to conduct activities associated with storage, preservation, and developing a plan for the final disposition of such F-35 aircraft and Turkish F-35 aircraft equipment, including full mission simulators, helmet mounted display systems, air system maintenance trainer, and ancillary mission equipment, as a result of efforts taken by the United States to limit, reduce, or terminate Turkey’s status as a member of the F-35 Joint Strike Fighter cooperative program. ####

(3)Report required Not later than 90 days after the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a report outlining the long-term plan for the disposition of such assets, including options for recovery of costs from Turkey and for unilateral use of such assets by the Department of Defense. ####

(4)Notification required Not later than 15 days before any expenditure of funds in an amount of $15,000,000 or more pursuant to the authority described in paragraph (1), the Secretary shall provide to the congressional defense committees a written notification describing the activities to be conducted. ###

(e)Appropriate Committees of Congress Defined In this section, the term “appropriate committees of Congress” means— ####

(1)the congressional defense committees; and ####

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

Connectionstraces to 3

Traces to 3 documents

U.S. Code

public-private-law