AFFECT Human Rights in Venezuela Act
Bill: S.5182 | Sponsor: Sen. Kaine, Tim (D-VA)
Policy area: International Affairs

Summary:
Assuring that the Fact-Finding Examination Continues to Track Human Rights in Venezuela Act or the AFFECT Human Rights in Venezuela Act
This bill requires the Department of State to act in the United Nations to extend the mandate of the International Fact-Finding Mission in Venezuela and to provide technical assistance to the Fact-Finding Mission.  The bill also authorizes the President to direct U.S. representatives to the United Nations to support actions addressing Venezuela's human rights violations.

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.

    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 ``Assuring that the Fact-Finding 
Examination Continues to Track Human Rights in Venezuela Act'' or the 
``AFFECT Human Rights in Venezuela Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United Nations Human Rights Council Resolution 
        adopted Resolution 42/25 on September 27, 2019, establishing an 
        independent fact-finding mission (referred to in this Act as 
        the ``Fact-Finding Mission'') on the Bolivarian Republic of 
        Venezuela ``to investigate extrajudicial executions, enforced 
        disappearances, arbitrary detentions and torture and other 
        cruel, inhuman or degrading treatment since 2014 with a view to 
        ensuring full accountability for perpetrators and justice for 
        victims''. The mandate of the Fact-Finding Mission was extended 
        by the United Nations Human Rights Council in 2020 for two 
        years, and on October 7, 2022, for an additional two years, 
        with a view to combating impunity and ensuring full 
        accountability for perpetrators and justice for victims.
            (2) The Fact-Finding Mission has identified specific 
        incidents and patterns establishing reasonable grounds to 
        conclude that violations of international human rights and 
        criminal law have been committed in Venezuela, according to its 
        October 2022 report.
            (3) The Fact-Finding Mission has faced several constraints, 
        including lack of access to work in-country, travel limitations 
        due to the COVID-19 pandemic, disrupted interviews due to 
        electricity and internet failures, and limited ability to 
        secure witness statements and key documents. Despite these 
        challenges, the Fact-Finding Mission has been able to carry out 
        its investigative and analytical work, and generate reports 
        that serve as an invaluable resource for victims, civil society 
        organizations, and international accountability mechanisms.
            (4) The United States has historically used its voice, 
        vote, and influence at the United Nations to address human 
        rights abuses around the world and to seek to hold perpetrators 
        accountable.
            (5) Marta Valinas, Chair of the Fact-Finding Mission on 
        Venezuela, stated in September 2022 that the Mission's 
        investigations and analysis show ``that the Venezuelan State 
        relies on the intelligence services and its agents to repress 
        dissent in the country. In doing so, grave crimes and human 
        rights violations are being committed, including acts of 
        torture and sexual violence. These practices must stop 
        immediately, and the individuals responsible must be 
        investigated and prosecuted in accordance with the law.''.

SEC. 3. ACTIONS RELATING TO THE FACT-FINDING MISSION ON VENEZUELA.

    (a) Support To Extend Mandate.--The Secretary of State shall take 
such actions as may be necessary to use the voice, vote, and influence 
of the United States in the United Nations Human Rights Council (UNHRC) 
and the United Nations General Assembly (UNGA) to seek to--
            (1) extend the mandate of the Independent International 
        Fact-Finding Mission on the Bolivarian Republic of Venezuela to 
        continue until a resolution of the crisis in Venezuelan that 
        includes--
                    (A) holding a new presidential election that 
                complies with international standards for a free, fair, 
                and transparent electoral process;
                    (B) ending Nicolas Maduro's usurpation of 
                presidential authorities;
                    (C) restoring democracy and the rule of law;
                    (D) freeing political prisoners; and
                    (E) facilitating the consistent delivery of 
                humanitarian aid;
            (2) encourage international support to empower the Fact-
        Finding Mission to thoroughly conduct its stated purpose of 
        investigating gross violations of human rights perpetrated in 
        Venezuela since 2014;
            (3) urge the Fact-Finding Mission to raise early warnings 
        of further deterioration of the human rights situation in 
        Venezuela, particularly ahead of the country's elections 
        expected in the country for 2024 and 2025; and
            (4) provide investigative and technical assistance to the 
        Fact-Finding Mission as requested and as permitted within the 
        United Nations Rules and Regulations and within United States 
        law.
    (b) Support for Further Action.--The President is authorized to 
direct the United States Permanent Representative to the United Nations 
to use the voice, vote, and influence of the United States to urge the 
United Nations to provide greater action with respect to human rights 
violations in Venezuela by--
            (1) urging the UNGA to consider a resolution condemning the 
        Venezuelan regime's use of political prisoners and wrongfully 
        detained foreign nationals as leverage to extract concessions 
        from its adversaries consistent with prior United Nations 
        resolutions;
            (2) assisting efforts by the relevant United Nations 
        Special Envoys and Special Rapporteurs to secure the release of 
        all political prisoners and wrongfully detained foreign 
        nationals in Venezuela, including Americans, promote respect 
        for human rights, and encourage dialogue towards a peaceful and 
        democratic transfer of power;
            (3) urging the United Nations and specialized agencies to 
        address the humanitarian needs of the people of Venezuela, 
        including vulnerable Venezuelan refugees and migrants in third 
        countries through direct assistance; and
            (4) supporting access for humanitarian actors, independent 
        media, and credible international legal and judicial entities, 
        including future United Nations fact-finding missions and 
        similar investigatory mechanisms, to people residing in 
        Venezuela and to the growing Venezuelan diaspora.
    (c) Due Consideration of Fact-Finding Mission Reports.--The 
President and the Secretary of State shall--
            (1) appropriately review all past and future reports 
        presented by the Fact-Finding Mission to United Nations bodies; 
        and
            (2) give due consideration to the Fact-Finding Mission's 
        reported conclusions in developing and executing the foreign 
        policy of the United States with respect to Venezuela.
    (d) Report.--Not later than 90 days after the date of the enactment 
of this Act, and annually thereafter until the expiration of the 
official mandate of the Fact-Finding Mission, the Secretary of State 
shall submit to the appropriate congressional committees a report on 
the implementation of the actions described in subsections (a), (b), 
and (c).
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Appropriations of the House of Representatives.
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