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SEC. 1241. DETERMINATION AND IMPOSITION OF SANCTIONS WITH RESPECT TO TURKEY’S ACQUISITION OF THE S–400 AIR DEFENSE SYSTEM.
(a) Sense Of Congress.—It is the sense of Congress that it is in the national security interest of the United States—
(1) to deter aggression against North Atlantic Treaty Organization (NATO) allies by the Russian Federation or any other adversary;
(2) to continue to work with NATO allies to ensure they meet their alliance defense commitments, including through adequate and efficient investments in national defense;
(3) to work to maintain and strengthen the democratic institutions and practices of all NATO allies, in accordance with the goals of Article 2 of the North Atlantic Treaty;
(4) to ensure that Turkey remains a critical NATO ally and important military partner for the United States, contributing to key NATO and United States missions and...
1) This section of the 2021 NDAA is a rare statutory provision that makes the sort of “significant transaction” determination that is ordinarily fully reserved to the Executive Branch. Its appearance in the bill prior to its signature by the President appears to have led to the State Department making the “significant transaction” determination itself. See The United States Sanctions Turkey Under CAATSA 231 (State Dep't Press Release). The 2021 NDAA provision remains relevant insofar as it provides that the sanctions imposed on Turkey must remain in place until certain conditions are met.