Mahsa Amini Human Rights and Security Accountability Act

Floor Speech

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Mr. McCAUL. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 589) to impose sanctions on the Supreme Leader of Iran and the President of Iran and their respective offices for human rights abuses and support for terrorism, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 589

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Mahsa Amini Human rights and Security Accountability Act'' or the ``MAHSA Act''. SEC. 2. IMPOSITION OF SANCTIONS ON IRAN'S SUPREME LEADER'S OFFICE, ITS APPOINTEES, AND ANY AFFILIATED PERSONS.

(a) Findings.--Congress finds the following:

(1) The Supreme Leader is an institution of the Islamic Republic of Iran.

(2) The Supreme Leader holds ultimate authority over Iran's judiciary and security apparatus, including the Ministry of Intelligence and Security, law enforcement forces under the Interior Ministry, the Islamic Revolutionary Guard Corps (IRGC), and the Basij, a nationwide volunteer paramilitary group subordinate to the IRGC, all of which have engaged in human rights abuses in Iran. Additionally the IRGC, a United States designated Foreign Terrorist Organization, which reports to the Supreme Leader, continues to perpetrate terrorism around the globe, including attempts to kill and kidnap American citizens on United States soil.

(3) The Supreme Leader appoints the head of Iran's judiciary. International observers continue to criticize the lack of independence of Iran's judicial system and maintained that trials disregarded international standards of fairness.

(4) The revolutionary courts, created by Iran's former Supreme Leader Ruhollah Khomeini, within Iran's judiciary, are chiefly responsible for hearing cases of political offenses, operate in parallel to Iran's criminal justice system and routinely hold grossly unfair trials without due process, handing down predetermined verdicts and rubberstamping executions for political purpose.

(5) The Iranian security and law enforcement forces engage in serious human rights abuse at the behest of the Supreme Leader.

(6) Iran's President, Ebrahim Raisi, sits at the helm of the most sanctioned cabinet in Iranian history which includes internationally sanctioned rights violators. Raisi has supported the recent crackdown on protestors and is a rights violator himself, having served on a ``death commission'' in 1988 that led to the execution of several thousand political prisoners in Iran. He most recently served as the head of Iran's judiciary, a position appointed by Iran's current Supreme Leader Ali Khamenei, and may likely be a potential candidate to replace Khamenei as Iran's next Supreme Leader.

(7) On September 16, 2022, a 22-year-old woman, Mahsa Amini, died in the detention of the Morality Police after being beaten and detained for allegedly transgressing discriminatory dress codes for women. This tragic incident triggered widespread, pro-women's rights, pro-democracy protests across all of Iran's 31 provinces, calling for the end to Iran's theocratic regime.

(8) In the course of the protests, the Iranian security forces' violent crackdown includes mass arrests, well documented beating of protestors, throttling of the internet and telecommunications services, and shooting protestors with live ammunition. Iranian security forces have reportedly killed hundreds of protestors and other civilians, including women and children, and wounded many more.

(9) Iran's Supreme Leader is the leader of the ``Axis of Resistance'', which is a network of Tehran's terror proxy and partner militias materially supported by the Islamic Revolutionary Guard Corps that targets the United States as well as its allies and partners.

(b) Sense of Congress.--It is the sense of Congress that--

(1) the United States shall stand with and support the people of Iran in their demand for fundamental human rights;

(2) the United States shall continue to hold the Islamic Republic of Iran, particularly the Supreme Leader and President, accountable for abuses of human rights, corruption, and export of terrorism; and

(3) Iran must immediately end its gross violations of internationally recognized human rights.

(c) In General.--

(1) Determination and report required.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the President shall--

(A) determine whether each foreign person described in subsection (d) meets the criteria for imposition of sanctions under one or more of the sanctions programs and authorities listed in paragraph (2);

(B) impose applicable sanctions against any foreign person determined to meet the criteria for imposition of sanctions pursuant to subparagraph (A) under the sanctions programs and authorities listed in subparagraph (A) or (F) of subsection (c)(2) and pursue applicable sanctions against any foreign person determined to meet the criteria for imposition of sanctions pursuant to subparagraph (A) under the sanctions programs and authorities listed in subparagraph (B), (C), (D), or (E) of subsection (c)(2); and

(C) submit to the appropriate congressional committees a report in unclassified form, with a classified annex provided separately if needed, containing--

(i) a list of all foreign persons described in subsection (d) that meet the criteria for imposition of sanctions under one or more of the sanctions programs and authorities listed in paragraph (2); and

(ii) for each foreign person identified pursuant to clause (i)--

(I) a list of each sanctions program or authority listed in paragraph (2) for which the person meets the criteria for imposition of sanctions;

(II) a statement which, if any, of the sanctions authorized by any of the sanctions programs and authorities identified pursuant to subclause (I) have been imposed or will be imposed within 30 days of the submission of the report; and

(III) with respect to which any of the sanctions authorized by any of the sanctions programs and authorities identified pursuant to subclause (I) have not been imposed and will not be imposed within 30 days of the submission of the report, the specific authority under which otherwise applicable sanctions are being waived, have otherwise been determined not to apply, or are not being imposed and a complete justification of the decision to waive or otherwise not apply the sanctions authorized by such sanctions programs and authorities.

(2) Sanctions listed.--The sanctions listed in this paragraph are the following:

(A) Sanctions described in section 105(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514(c)).

(B) Sanctions applicable with respect to a person pursuant to Executive Order 13553 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to serious human rights abuses by the Government of Iran).

(C) Sanctions applicable with respect to a 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).

(D) Sanctions applicable with respect to a person pursuant to Executive Order 13818 (relating to blocking the property of persons involved in serious human rights abuse or corruption).

(E) Sanctions applicable with respect to a person pursuant to Executive Order 13876 (relating to imposing sanctions with respect to Iran).

(F) Penalties and visa bans applicable with respect to a person pursuant to section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021.

(3) Form of determination.--The determination required by paragraph (1) shall be provided in an unclassified form but may contain a classified annex provided separately containing additional contextual information pertaining to justification for the issuance of any waiver issued, as described in paragraph (1)(C)(ii). The unclassified portion of such determination shall be made available on a publicly available internet website of the Federal Government.

(d) Foreign Persons Described.--The foreign persons described in this subsection are the following:

(1) The Supreme Leader of Iran and any official in the Office of the Supreme Leader of Iran.

(2) The President of Iran and any official in the Office of the President of Iran or the President's cabinet, including cabinet ministers and executive vice presidents.

(3) Any entity, including foundations and economic conglomerates, overseen by the Office of the Supreme Leader of Iran which is complicit in financing or resourcing of human rights abuses or support for terrorism.

(4) Any official of any entity owned or controlled by the Supreme Leader of Iran or the Office of the Supreme Leader of Iran.

(5) Any person determined by the President--

(A) to be a person appointed by the Supreme Leader of Iran, the Office of the Supreme Leader of Iran, the President of Iran, or the Office of the President of Iran to a position as a state official of Iran, or as the head of any entity located in Iran or any entity located outside of Iran that is owned or controlled by one or more entities in Iran;

(B) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of any person whose property and interests in property are blocked pursuant to any sanctions program or authority listed in subsection (c)(2);

(C) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly any person whose property and interests in property are blocked pursuant to any sanctions program or authority listed in subsection (c)(2); or

(D) to be a member of the board of directors or a senior executive officer of any person whose property and interests in property are blocked pursuant to any sanctions program or authority listed in subsection (c)(2).

(e) Congressional Oversight.--

(1) In general.--Not later than 60 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria of a person described in subsection (d)(5), the President shall--

(A) determine if the person meets such criteria; and

(B) submit an unclassified report, with a classified annex provided separately if needed, to such chairman and ranking member with respect to such determination that includes a statement of whether or not the President imposed or intends to impose sanctions with respect to the person pursuant to any sanctions program or authority listed in subsection (c)(2).

(2) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means--

(A) the Committee on Foreign Affairs of the House of Representatives; and

(B) the Committee on Foreign Relations of the Senate. SEC. 3. SEVERABILITY.

If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.

Mr. Speaker, we all know that Iran has committed brutal human rights violations. This regime silences dissent and suppresses the truth, and those who dare speak out face severe consequences, including death.

Mr. Speaker, 1 year ago, 22-year-old Mahsa Amini was murdered by the Iranian regime, the so-called morality police, while in police custody. Iran's morality police had detained her for a false crime unthinkable to most of us here in this Chamber.

What was the crime?

It was failing to properly cover her hair.

The people of Iran were outraged by her brutal murder and by the range of injustices that the Ayatollah subjects Iranians to day in and day out. This outrage led the great people of Iran to rise up in peaceful protest, demanding change.

Sadly, but not surprisingly, the regime responded with a violent crackdown against the protesters. They detained tens of thousands of their own citizens and killed hundreds more. The regime choked off access to the outside world by blocking the internet. Disturbingly, violence and isolation are how they deny their own people their freedom and their voice.

The international community has failed the people of Iran by failing to compel their oppressors to stop this abuse. We have many sanctions laws designed to address the Iranian regime's human rights violations. However, it is clear that many officials and institutions in Iran have not yet been sanctioned for their role in these abuses. That is why it is so important that we pass this bipartisan bill that was authored and introduced by Representative Banks from Indiana.

We must require the President to formally determine whether specific high-ranking regime officials and institutions meet the criteria for imposition of our sanctions and then act based on those determinations.

The Biden administration has its own political agenda when it comes to Iran. This administration wants to broker a bad nuclear agreement with Iran and has made it clear that it is willing to sacrifice leverage in the form of sanctions enforcement to do so.

My longstanding concerns only grew when we learned that the administration's chief negotiator, Rob Malley, was being investigated for problems with his security clearance. This administration must be transparent about these allegations and how they have impacted the last 2 years of Iran's policy.

To the administration, I say this: We must not sell out the Iranian people to reach a bad nuclear deal with Iran.

A nuclear Iran is simply not acceptable. We must fully enforce the laws on the books that we have in order to stop the grotesque human rights violations taking place in Iran.

That is why as we approach the 1-year anniversary of Mahsa Amini's tragic death--it is so fitting that we do it here in this Chamber this week--Congress must show the world that we have not forgotten Mahsa or the millions of Iranians who have experienced violence, oppression, and even death at the hands of the regime.

Mr. Speaker, I urge unanimous support for this measure, and I reserve the balance of my time. House of Representatives, Committee on Ways and Means, Washington, DC, June 22, 2023. Hon. Michael McCaul, Chairman, Committee on Foreign Affairs, Washington, DC.

Dear Chairman McCaul, I am writing with respect to H.R. 589, the ``Mahsa Amini Human rights and Security Accountability Act.'' As a result of your having consulted with us on provisions on which the Committee on Ways and Means has a jurisdictional interest, I will not request a sequential referral on this measure.

The Committee on Ways and Means takes this action with the mutual understanding that we do not waive any jurisdiction over the subject matter contained in this or similar legislation, and the Committee will be appropriately consulted and involved as the bill or similar legislation moves forward so that we may address any remaining issues that fall within our jurisdiction. The Committee also reserves the right to seek appointment of an appropriate number of conferees to any House-Senate conference involving this or similar legislation, and requests your support for such request.

Finally, I would appreciate your response to this letter confirming this understanding and would ask that a copy of our exchange of letters on this matter be included in the Congressional Record during floor consideration of H.R. 589. Sincerely, Jason Smith, Chairman. ____ House of Representatives, Committee on Foreign Affairs, Washington, DC, June 15, 2023. Hon. Jason Smith, Chairman, Committee on Ways and Means, Washington, DC.

Dear Chairman Smith: Thank you for consulting with the Foreign Affairs Committee and agreeing to be discharged from further consideration of H.R. 589, the Mahsa Amini Human Rights and Security Accountability Act, so that the measure may proceed expeditiously to the House floor.

I agree that your forgoing further action on this measure does not in any way diminish or alter the jurisdiction of your committee, or prejudice its jurisdictional prerogatives on this measure or similar legislation in the future. I would support your effort to seek appointment of an appropriate number of conferees from your committee to any House-Senate conference on this legislation.

I will seek to place our letters on this bill into the Congressional Record during floor consideration. I appreciate your cooperation regarding his legislation and look forward to continuing to work together as this measure moves through the legislative process. Sincerely, Michael T. McCaul, Chairman. ____ House of Representatives, Committee on the Judiciary, Washington, DC, June 15, 2023. Hon. Michael McCaul, Chairman, Committee on Foreign Affairs, House of Representatives, Washington, DC.

Dear Chairman McCaul, I write regarding H.R. 589, the Mahsa Amini Human Rights and Security Accountability Act. Provisions of this bill fall within the Judiciary Committee's Rule X jurisdiction, and I appreciate that you consulted with us on those provisions. The Judiciary Committee agrees that it shall be discharged from further consideration of the bill so that it may proceed expeditiously to the House floor.

The Committee takes this action with the understanding that forgoing further consideration of this measure does not in any way alter the Committee's jurisdiction or waive any future jurisdictional claim over these provisions or their subject matter. We also reserve the right to seek appointment of an appropriate number of conferees in the event of a conference with the Senate involving this measure or similar legislation.

I ask that you please include this letter in your committee's report to accompany this legislation or insert this letter in the Congressional Record during consideration of H.R. 589 on the House floor. I appreciate the cooperative manner in which our committees have worked on this matter, and I look forward to working collaboratively in the future on matters of shared jurisdiction. Thank you for your attention to this matter. Sincerely, Jim Jordan, Chairman. ____ House of Representatives, Committee on Foreign Affairs, Washington, DC, June 15, 2023. Hon. Jim Jordan, Chairman, Committee on the Judiciary, Washington, DC.

Dear Chairman Jordan: Thank you for consulting with the Foreign Affairs Committee and agreeing to be discharged from further consideration of H.R. 589, the Mahsa Amini Human Rights and Security Accountability Act, so that the measure may proceed expeditiously to the House floor.

I agree that your forgoing further action on this measure does not in any way diminish or alter the jurisdiction of your committee, or prejudice its jurisdictional prerogatives on this measure or similar legislation in the future. I would support your effort to seek appointment of an appropriate number of conferees from your committee to any House-Senate conference on this legislation.

I will seek to place our letters on this bill into the Congressional Record during floor consideration. I appreciate your cooperation regarding this legislation and look forward to continuing to work together as this measure moves through the legislative process. Michael T. McCaul, Chairman. ____ House of Representatives, Committee on Financial Services, Washington, DC, May 31, 2023. Hon. Michael McCaul, Chairman, Committee on Foreign Affairs, Washington, DC.

Dear Chairman McCaul: Thank you for consulting with the Committee on Financial Services regarding H.R. 589, the Mahsa Amini Human Rights and Security Accountability Act. I agree that the Committee shall be discharged from further consideration of the bill so that it may proceed expeditiously to the House Floor. The Committee takes this action with the mutual understanding that, by foregoing consideration of H.R. 589 at this time, we do not waive any jurisdiction over the subject matter contained in this or similar legislation, and that the Committee will be appropriately consulted and involved on this or similar legislation as it moves forward. The Committee also reserves the right to see appointment of an appropriate number of conferees to any conference with the Senate involving this or similar legislation, and we request your support for any such request.

Finally, as you mentioned in your letter, I ask that a copy of our exchange of letters on this bill be included in your Committee's report to accompany the legislation, as well as in the Congressional Record during floor consideration. Sincerely, Patrick McHenry, Chairman. ____ House of Representatives, Committee on Foreign Affairs, Washington, DC. February 9, 2023. Hon. Patrick McHenry, Chairman, Committee on Financial Services, Washington, DC. Dear Chairman McHenry: Thank you for consulting with the Foreign Affairs Committee and agreeing to be discharged from further consideration of H.R. 589, the Mahsa Amini Human Rights and Security Accountability Act, so that the measure may proceed expeditiously to the House floor.

I agree that your forgoing further action on this measure does not in any way diminish or alter the jurisdiction of your committee, or prejudice its jurisdictional prerogatives on this measure or similar legislation in the future. I would support your effort to seek appointment of an appropriate number of conferees from your committee to any House-Senate conference on this legislation.

I will place our letters on H.R. 589 into our committee report on this bill. I appreciate your cooperation regarding this legislation and look forward to continuing to work together as this measure moves through the legislative process. Sincerely, Michael T. McCaul Chairman.

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Mr. McCAUL. Mr. Speaker, I thank the Ranking Member Meeks, Congresswoman Madeleine Dean, and Congressman Lloyd Doggett for their work on this bill. I also thank Representative Banks for leading this important bipartisan measure to ensure the United States upholds its moral responsibility as a beacon of freedom in human rights.

This bill does not create any new sanctions programs. The tools we are discussing here today already exist. We are simply asking the administration to enforce them. We must do everything we can to stand with the people of Iran and prevent more violence and suffering.

I feel for Mahsa's family, seeing her being beaten, tortured, and put to death for the so-called crime of merely not wearing her hijab correctly is really unfathomable to Americans and our way of life in a free society, and it cannot stand.

I look forward to a day when the Ayatollah is out of power and the people of Iran can be free to express themselves without this kind of oppression and tyranny. I know it will happen one day, and I hope it happens in my lifetime.

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Mr. McCAUL. Mr. Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered.

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