S.Amdt. 243

SA 243. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XII, insert the
following:

SEC. ___. SANCTIONS AGAINST DESTABILIZING IRANIAN-RUSSIAN
AGGRESSION ACT OF 2023.

(a) Short Title.--This section may be cited as the
``Sanctions Against Destabilizing Iranian-Russian Aggression
Act of 2023'' or the ``SADIRA Act of 2023''.
(b) Report on Iranian Cooperation and Sanctions Evasion.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report on cooperation between the
Russian Federation and the Islamic Republic of Iran.
(2) Contents.--The report required by paragraph (1) shall
include--
(A) a description of the scope and extent of damage
inflicted on the military and civilian infrastructure of
Ukraine by weapons, including unmanned combat aerial
vehicles, transferred to the Russian Federation by the
Government of the Islamic Republic of Iran, including an
estimate of the monetary cost for the reconstruction of such
infrastructure;
(B) a description of any foreign person that, since 2021
for the first report and since the previous report for
subsequent reports, has facilitated the transfer of arms,
including unmanned combat aerial vehicles and fighter jets,
between the Russian Federation and the Islamic Republic of
Iran, including--
(i) a determination as to whether any covered Iranian
entity has facilitated such transfer;
(ii) an identification of--

(I) each Iranian person or Russian person, including the
owner or operator of any airport or seaport, that has
facilitated such transfer;
(II) any person over which such an Iranian person or
Russian person has significant control;
(III) each Iranian entity identified under subclause (I) or
(II) that has attacked a United States citizen using an
unmanned

[[Page S2405]]

combat aerial vehicle, as defined for the purpose of the
United Nations Register of Conventional Arms;
(IV) any entity over which an entity identified under
subclause (III) has significant control; and
(V) each airport or seaport used by each Iranian person or
Russian person identified under subclause (I) to facilitate
such transfer;

(iii) in the case of a positive determination under clause
(i) with respect to a covered Iranian entity described in
subparagraph (C) or (D) of paragraph (4), an identification
of any foreign person that facilitated a significant
transaction or transactions with, or provided material
support to, the Iran Airports Company or any entity operated
by the Iran Airports Company or over which the Iran Airports
Company has significant control;
(C) an identification, including any addresses, of any
foreign financial institution that has used any financial
messaging system--
(i) described by the memorandum of understanding between
the Russian Federation and the Islamic Republic of Iran,
signed in Tehran on January 30, 2023; or
(ii) otherwise designed to evade sanctions imposed by the
United States with respect to the Russian Federation or the
Islamic Republic of Iran;
(D) an identification, including the International Maritime
Organization number, the Vessel Identification Number, the
current name, any past name, the current flag, and any past
flag, of any vessel that was--
(i) knowingly used by a foreign person for the transport of
petroleum or petroleum products from the Islamic Republic of
Iran; and
(ii) subsequently knowingly used by a foreign person for
activities that would be prohibited if conducted by a United
States person pursuant to sections 1(a)(ii) and 5 of
Executive Order 14071 (50 U.S.C. 1701 note; relating to
prohibiting new investment in and certain services to the
Russian Federation in response to continued Russian
Federation aggression);
(E) an identification, including any addresses, of any
foreign financial institution that has--
(i) knowingly conducted or facilitated any significant
financial transaction with the Central Bank of Iran or
another sanctioned Iranian financial institution for the
purpose of repatriating to the Government of the Islamic
Republic of Iran assets subject to restrictions described in
section 1245(d) of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a(d)); or
(ii) established financial channels for conducting or
facilitating any significant financial transaction described
in clause (i); and
(F) a determination as to whether the transfer of an
unmanned combat aerial vehicle to the Russian Federation by
the Islamic Republic of Iran would still be in violation of
United Nations Security Council Resolution 2231 (2015) if
such transfer occurred after October 31, 2023.
(3) Limitation.--Beginning on the date that is 90 days
after the date of the enactment of this Act, none of the
funds authorized to be appropriated or otherwise made
available for the official travel expenses of the Special
Envoy for Iran may be obligated or expended until the report
required under this section is submitted to the appropriate
congressional committees.
(4) Covered iranian entity defined.--In this section, the
term ``covered Iranian entity'' means any of the following:
(A) The Islamic Revolutionary Guard Corps.
(B) The Central Bank of Iran.
(C) The Iran Airports Company.
(D) Any entity operated by the Iran Airports Company or
over which the Iran Airports Company has significant control.
(c) Sanctions With Respect to Russian-Iranian Transfers of
Arms and Sanctions Evasion.--
(1) Sanctions with respect to the evasion of sanctions
imposed with respect to the russian federation.--
(A) Property blocking.--Subject to section 10(d) of the
Support for the Sovereignty, Integrity, Democracy, and
Economic Stability of Ukraine Act of 2014 (22 U.S.C.
8909(d)), President shall impose, with respect to each
foreign person identified pursuant to subparagraphs (C) and
(D) and clauses (ii) and (iii) of subparagraph (B) of
subsection (b)(2), the sanctions described in section 10(b)
of that Act.
(B) Inclusion on sdn list.--The President shall include on
the SDN list each Iranian entity, Russian entity, foreign
financial institution, or other foreign person identified
pursuant to subparagraphs (C) and (D) and clauses (ii) and
(iii) of subparagraph (B) of subsection (b)(2).
(2) Additional terrorism sanctions with respect to attacks
on united states citizens.--
(A) Designation as foreign terrorist organization.--The
President shall designate each Iranian entity identified
pursuant to subclause (III) or (IV) of subsection
(b)(2)(B)(ii) as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(B) Sanctions under executive order 13224.--The President
shall impose, with respect to any Iranian entity identified
pursuant to subclause (III) or (IV) of subsection
(b)(2)(B)(ii), the sanctions applicable with respect to a
foreign person pursuant to Executive Order 13224 (50 U.S.C.
1701 note; relating to blocking property and prohibiting
transactions with persons who commit, threaten to commit, or
support terrorism), as in effect on the date of the enactment
of this Act.
(C) Additional restrictions on sanctions with respect to
attacks on united states citizens.--The President may not
issue any termination or waiver, take any licensing action,
or remove any person from the SDN list if such termination,
waiver, licensing action, or removal would significantly
alter the application of sanctions described in this section
with respect to any Iranian entity identified pursuant to
subclause (III) or (IV) of subsection (b)(2)(B)(ii) until the
date that is not earlier than 10 years after the imposition
of such sanctions.
(d) Application of Existing Sanctions Relating to the
Release of Sanctioned Iranian Assets.--
(1) In general.--With respect to each foreign financial
institution identified pursuant to subsection (b)(2)(E), the
President shall impose the sanctions described in section
1245(d)(1)(A) of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a(d)(1)(A)).
(2) Exception related to compensation to ukraine.--The
President may not impose sanctions under paragraph (1) if the
President submits to the appropriate congressional committees
a certification that the Government of the Islamic Republic
of Iran has fully compensated the Government of Ukraine for
reconstruction in an amount not less than the estimate
provided pursuant to subsection (b)(2)(A).
(3) Requirement related to prior compensation owed to
american citizens.--The President may not submit the
certification under paragraph (2) until the President
transmits to the appropriate congressional committees a
certification that the Government of the Islamic Republic of
Iran has fully compensated each United States person with an
outstanding judgment rendered by a United States court
against the Government of the Islamic Republic of Iran.
(e) Application of Existing Sanctions Relating to Iranian
Civil Aviation.--
(1) In general.--The President may not issue any
termination or waiver, take any licensing action, or remove
any person from the SDN list if such termination, waiver,
licensing action, or removal would authorize the export or
reexport by a foreign person of eligible aircrafts to the
Islamic Republic of Iran on temporary sojourn otherwise
restricted under part 560 of title 31, Code of Federal
Regulations (commonly known as the ``Iranian Transactions and
Sanctions Regulations'').
(2) Application to existing actions.--Any termination,
waiver, or licensing action described in paragraph (1) and
issued before the date of the enactment of this Act,
including General License J-1 of the Office of Foreign Assets
Control, is rescinded and may not be reissued.
(3) Exception for negative determination related to the
iran airports company.--If the President has made a negative
determination with respect to all covered Iranian entities
described in paragraphs (C) and (D) of subsection (b)(4)
pursuant to subsection (b)(2)(B)(i) in the most recent report
submitted under section 2, the President may take actions
otherwise prohibited by subsection (a).
(f) Application of Existing Sanctions Relating to Russian
Ports.--
(1) In general.--With respect to any port or facility in
the Russian Federation, the Secretary shall impose the
sanctions described in section 70110(a) of title 46, United
States Code.
(2) Waiver.--If the Secretary has previously determined
during the last review period described under section 70108
of title 46, United States Code, that a port or facility in
the Russian Federation is maintaining effective anti-
terrorism measures and such port or facility has not been
identified pursuant to subsection (b)(2)(B)(ii)(V), the
Secretary may waive the application of subsection (a) with
respect to such port or facility.
(3) Restriction on periodic review.--With the exception of
paragraph (2), the Secretary may not issue any termination or
waiver or take any licensing action if such termination,
waiver, or licensing action would significantly alter the
application of sanctions described in paragraph (1) until the
date that is not earlier than 2 years after the imposition of
such sanctions.
(4) Secretary defined.--In this section, the term
``Secretary'' has the meaning given that term in section
70101 of title 46, United States Code.
(g) Application of Existing Sanctions Relating to Russian-
Iranian Nuclear Cooperation.--
(1) In general.--The President may not issue any
termination or waiver, take any licensing action, or remove
any person from the SDN list if such termination, waiver,
licensing action, or removal would significantly alter the
application of sanctions under section 1244, 1245, 1246, or
1247 of the Iran Freedom and Counter-Proliferation Act of
2012 (22 U.S.C. 8803 et seq.) to permit transactions in
connection with the nuclear program of the Islamic Republic
of Iran involving Russian persons.
(2) Application to existing actions.--Any termination,
waiver, or licensing action described in paragraph (1) in
effect before the date of the enactment of this Act is
rescinded and may not be reissued unless modified to exclude
any transaction in connection

[[Page S2406]]

with the nuclear program of the Islamic Republic of Iran
involving a Russian person.
(h) Definitions.--
(1) In general.--In this Act:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(B) Eligible aircraft.--The term ``eligible aircraft''
means a fixed-wing civil aircraft of United States origin or
that consists of at least 10 percent of United States
controlled content and that--
(i) is classified under Export Control Classification
Number (ECCN) 9A99l.b on the Commerce Control List (as set
forth in Supplement No. 1 to part 774 of the Export
Administration Regulations under subchapter C of chapter VII
of title 15, Code of Federal Regulations); and
(ii) is registered in a jurisdiction other than the United
States or any country in Country Group E:1 of Supplement No.1
to Part 740 of the Export Administration Regulations.
(C) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(D) Iran airport company.--The term ``Iran Airport
Company'' means the Iran Airports and Air Navigation Company
and the Iranian Airports Holding Company.
(E) Iranian entity.--The term ``Iranian entity'' means an
entity organized under the laws of the Islamic Republic of
Iran or otherwise subject to the jurisdiction of the
Government of Iran, including--
(i) the Islamic Revolutionary Guard Corps; and
(ii) the Central Bank of the Islamic Republic of Iran.
(F) Iranian person.--The term ``Iranian person'' means--
(i) an individual who is a citizen or national of the
Islamic Republic of Iran; or
(ii) an Iranian entity.
(G) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(H) Russian entity.--The term ``Russian entity'' means an
entity organized under the laws of Russia or otherwise
subject to the jurisdiction of the Russia Federation,
including Rosatom State Nuclear Energy Corporation (commonly
known as ``ROSATOM''), or a successor entity.
(I) Russian person.--The term ``Russian person'' means--
(i) an individual who is a citizen or national of the
Russian Federation; or
(ii) a Russian entity.
(J) Sanctioned iranian financial institution.--The term
``sanctioned Iranian financial institution'' means an Iranian
financial institution (as that term is defined in section
104A of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8513b)) designated by the
Secretary of the Treasury for the imposition of sanctions
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
(K) SDN list.--The term ``SDN list'' means the list of
specially designated nationals and blocked persons maintained
by the Office of Foreign Assets Control of the Department of
the Treasury.
(L) Significant control.--The term ``significant control'',
with respect to an entity, means an ownership interest in the
entity that is equal to or greater than 10 percent.
(M) United states person.--The term ``United States
person'' means--
(i) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(ii) an entity organized under the laws of the United
States or of any jurisdiction within the United States,
including a foreign branch of such an entity.
(2) Determinations of significance.--For purposes of this
section, in determining if financial transactions are
significant, the President may consider the totality of the
facts and circumstances, including factors similar to the
factors set forth in section 561.404 of title 31, Code of
Federal Regulations (or any corresponding similar regulation
or ruling).
______