AFFECT Human Rights in Venezuela Act
Bill: H.R.8813 | Sponsor: Rep. Sires, Albio (D-NJ)
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 
               which is set to expire in September 2022.

    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) In its Resolution 42/25 adopted on September 27, 2019, 
        the United Nations Human Rights Council established an 
        independent fact-finding mission, the Independent International 
        Fact-Finding Mission on the Bolivarian Republic of Venezuela 
        (in this section referred to as the ``Fact-Finding Mission'') 
        ``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 on October 6, 2020, 
        for an additional two years, until September 2022, through its 
        Resolution 45/20.
            (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 
        September 2020 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 was 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, 
        reported at the 49th session of the Human Rights Council that 
        the Venezuelan people ``have endured a decade of deepening 
        economic, humanitarian and human rights crises, as well as the 
        breaking down of State institutions, all of this exacerbated, 
        most recently, by the impact of COVID-19. The clearest showing 
        of this are the more than six million people who have had to 
        leave the country.''.

SEC. 3. ACTIONS RELATING TO THE INDEPENDENT INTERNATIONAL FACT-FINDING 
              MISSION ON THE BOLIVARIAN REPUBLIC OF 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 
        (in this section referred to as the ``Fact-Finding Mission'') 
        by two years beyond September 2022, as previously outlined and 
        determined by UNHRC Resolutions 42/25 (September 27, 2019) and 
        45/20 (October 6, 2020), to conclude in October 2024;
            (2) encourage international support among member states of 
        UNHRC to empower the Fact-Finding Mission to thoroughly conduct 
        its stated purpose of investigating gross violations of human 
        rights perpetrated in Venezuela since 2014; and
            (3) provide investigative and technical assistance to the 
        Fact-Finding Mission as requested and as permitted within 
        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, including Americans, as leverage to 
        extract concessions from its adversaries consistent with UNHRC 
        Resolution 42/25;
            (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, 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 Secretary of State shall--
            (1) appropriately review all past and future reports 
        presented by the Fact-Finding Mission to the UNHRC, including 
        the Detailed Findings published on September 25, 2020 (A/HRC/
        45/33) and September 16, 2021 (A/HRC/48/69); 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 Affairs and the Committee on 
        Appropriations of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate.
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