II 

117TH CONGRESS 

2D SESSION S. 5182 

To direct the United States Government to support extending the mandate 

of the Independent International Fact-Finding Mission on Venezuela 

until a resolution of the Venezuelan crisis is achieved. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 5, 2022 

Mr. KAINE (for himself, Mr. RUBIO, Mr. CARDIN, and Mr. HAGERTY) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To direct the United States Government to support extending 

the mandate of the Independent International Fact-Finding Mission on Venezuela until a resolution of the Venezuelan crisis is achieved. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Assuring that the 

5 Fact-Finding Examination Continues to Track Human 

6 Rights in Venezuela Act’’ or the ‘‘AFFECT Human 

7 Rights in Venezuela Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The United Nations Human Rights Council 

4 Resolution adopted Resolution 42/25 on September 

5 27, 2019, establishing an independent fact-finding 

6 mission (referred to in this Act as the ‘‘Fact-Finding 

7 Mission’’) on the Bolivarian Republic of Venezuela 

8 ‘‘to investigate extrajudicial executions, enforced dis9 appearances, arbitrary detentions and torture and 

10 other cruel, inhuman or degrading treatment since 

11 2014 with a view to ensuring full accountability for 

12 perpetrators and justice for victims’’. The mandate 

13 of the Fact-Finding Mission was extended by the 

14 United Nations Human Rights Council in 2020 for 

15 two years, and on October 7, 2022, for an additional 

16 two years, with a view to combating impunity and 

17 ensuring full accountability for perpetrators and jus18 tice for victims. 

19 (2) The Fact-Finding Mission has identified 

20 specific incidents and patterns establishing reason21 able grounds to conclude that violations of inter22 national human rights and criminal law have been 

23 committed in Venezuela, according to its October 

24 2022 report. 

25 (3) The Fact-Finding Mission has faced several 

26 constraints, including lack of access to work in-counVerDate Sep 11 2014 21:48 Dec 07, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5182.IS S5182

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1 try, travel limitations due to the COVID–19 pan2 demic, disrupted interviews due to electricity and 

3 internet failures, and limited ability to secure wit4 ness statements and key documents. Despite these 

5 challenges, the Fact-Finding Mission has been able 

6 to carry out its investigative and analytical work, 

7 and generate reports that serve as an invaluable re8 source for victims, civil society organizations, and 

9 international accountability mechanisms. 

10 (4) The United States has historically used its 

11 voice, vote, and influence at the United Nations to 

12 address human rights abuses around the world and 

13 to seek to hold perpetrators accountable. 

14 (5) Marta Valin ̃as, Chair of the Fact-Finding 

15 Mission on Venezuela, stated in September 2022 

16 that the Mission’s investigations and analysis show 

17 ‘‘that the Venezuelan State relies on the intelligence 

18 services and its agents to repress dissent in the 

19 country. In doing so, grave crimes and human rights 

20 violations are being committed, including acts of tor21 ture and sexual violence. These practices must stop 

22 immediately, and the individuals responsible must be 

23 investigated and prosecuted in accordance with the 

24 law.’’. 


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1 SEC. 3. ACTIONS RELATING TO THE FACT-FINDING MISSION 

2 ON VENEZUELA. 

3 (a) SUPPORT TO EXTEND MANDATE.—The Sec4 retary of State shall take such actions as may be necessary 

5 to use the voice, vote, and influence of the United States 

6 in the United Nations Human Rights Council (UNHRC) 

7 and the United Nations General Assembly (UNGA) to 

8 seek to— 

9 (1) extend the mandate of the Independent 

10 International Fact-Finding Mission on the 

11 Bolivarian Republic of Venezuela to continue until a 

12 resolution of the crisis in Venezuelan that includes— 

13 (A) holding a new presidential election that 

14 complies with international standards for a free, 

15 fair, and transparent electoral process; 

16 (B) ending Nicolas Maduro’s usurpation of 

17 presidential authorities; 

18 (C) restoring democracy and the rule of 

19 law; 

20 (D) freeing political prisoners; and 

21 (E) facilitating the consistent delivery of 

22 humanitarian aid; 

23 (2) encourage international support to empower 

24 the Fact-Finding Mission to thoroughly conduct its 

25 stated purpose of investigating gross violations of 

26 human rights perpetrated in Venezuela since 2014; 


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1 (3) urge the Fact-Finding Mission to raise early 

2 warnings of further deterioration of the human 

3 rights situation in Venezuela, particularly ahead of 

4 the country’s elections expected in the country for 

5 2024 and 2025; and 

6 (4) provide investigative and technical assist7 ance to the Fact-Finding Mission as requested and 

8 as permitted within the United Nations Rules and 

9 Regulations and within United States law. 

10 (b) SUPPORT FOR FURTHER ACTION.—The Presi11 dent is authorized to direct the United States Permanent 

12 Representative to the United Nations to use the voice, 

13 vote, and influence of the United States to urge the United 

14 Nations to provide greater action with respect to human 

15 rights violations in Venezuela by— 

16 (1) urging the UNGA to consider a resolution 

17 condemning the Venezuelan regime’s use of political 

18 prisoners and wrongfully detained foreign nationals 

19 as leverage to extract concessions from its adver20 saries consistent with prior United Nations resolu21 tions; 

22 (2) assisting efforts by the relevant United Na23 tions Special Envoys and Special Rapporteurs to se24 cure the release of all political prisoners and wrong25 fully detained foreign nationals in Venezuela, includVerDate Sep 11 2014 21:48 Dec 07, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5182.IS S5182

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1 ing Americans, promote respect for human rights, 

2 and encourage dialogue towards a peaceful and 

3 democratic transfer of power; 

4 (3) urging the United Nations and specialized 

5 agencies to address the humanitarian needs of the 

6 people of Venezuela, including vulnerable Venezuelan 

7 refugees and migrants in third countries through di8 rect assistance; and 

9 (4) supporting access for humanitarian actors, 

10 independent media, and credible international legal 

11 and judicial entities, including future United Na12 tions fact-finding missions and similar investigatory 

13 mechanisms, to people residing in Venezuela and to 

14 the growing Venezuelan diaspora. 

15 (c) DUE CONSIDERATION OF FACT-FINDING MIS16 SION REPORTS.—The President and the Secretary of 

17 State shall— 

18 (1) appropriately review all past and future re19 ports presented by the Fact-Finding Mission to 

20 United Nations bodies; and 

21 (2) give due consideration to the Fact-Finding 

22 Mission’s reported conclusions in developing and exe23 cuting the foreign policy of the United States with 

24 respect to Venezuela. 


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1 (d) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act, and annually thereafter until 

3 the expiration of the official mandate of the Fact-Finding 

4 Mission, the Secretary of State shall submit to the appro5 priate congressional committees a report on the implemen6 tation of the actions described in subsections (a), (b), and 

7 (c). 

8 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE9 FINED.—In this section, the term ‘‘appropriate congres10 sional committees’’ means— 

11 (1) the Committee on Foreign Relations and 

12 the Committee on Appropriations of the Senate; and 

13 (2) the Committee on Foreign Affairs and the 

14 Committee on Appropriations of the House of Rep15 resentatives. 

Æ 


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