[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Pages S2404-S2406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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).
                                 ______