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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5491 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5491
To encourage diplomatic advocacy efforts on behalf of Americans
unjustly detained in the People's Republic of China.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2025
Mr. Smith of New Jersey (for himself, Mr. Krishnamoorthi, and Mr. Hill
of Arkansas) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To encourage diplomatic advocacy efforts on behalf of Americans
unjustly detained in the People's Republic of China.
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 ``Nelson Wells Jr. and Dawn Michelle
Hunt Unjustly Detained in Communist China Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nelson A. Wells, Jr., a New Orleans native, was
arrested in China on drug smuggling charges in 2014. He was
initially sentenced to life imprisonment but had his sentence
reduced to 22 years in 2019, leaving him incarcerated until
2041. In 2024 testimony before the Congressional-Executive
Commission on China, Wells' father recounted that his son had
traveled to China for a necessary medical procedure. While
recovering, Nelson met an acquaintance who asked him to carry
bags of gifts to Japan. He insists he had no idea that those
bags contained hidden drugs.
(2) Mr. Wells has reportedly endured physical attacks in
prison and suffers from debilitating chronic pain and acute
medical conditions, including seizures, severe dental pain, and
untreated health challenges.
(3) Dawn Michelle Hunt, originally from Chicago, was also
arrested in China in 2014. She was sentenced to death with a 2-
year reprieve in 2017, later commuted to life imprisonment.
According to her family, she was lured to China by a fraudulent
sweepstakes offer and arrested when drugs were found in
handbags given to her by the trip organizers. Evidence suggests
she was unknowingly caught in an elaborate drug trafficking
scheme, but this evidence was ignored at sentencing.
(4) In testimony before the Congressional-Executive
Commission on China, Ms. Hunt's brother described the sexual
abuse and mistreatment she has endured in prison, as well as
her severe, untreated medical problems, including tumors in her
uterus and ovaries.
(5) According to the Foley Foundation, in 2024, more United
States nationals were wrongfully detained in China than in any
other country.
(6) The Dui Hua Foundation reports that over 200 United
States nationals are detained ``under coercive measures'' in
China, with limited information available about their cases.
(7) Some of these Americans are subject to so-called ``exit
bans'', preventing them from leaving China as a means to
pressure their relatives or associates to return to China to
face vague criminal charges or settle commercial disputes--
disputes in which they may not even be personally liable.
(8) For example, Henry Cai, a businessman from California,
has been trapped in China since 2017, unable to return home to
his family, due to an ongoing financial dispute in which he
claims no responsibility.
(9) Additionally, individuals living in China whose family
members are United States nationals are often detained to
influence United States Government policy, to intimidate or
punish their relatives for speaking out, or to censor their
free speech in the United States.
(10) In 2018, Gulshan Abbas, a retired medical doctor, was
detained in the Xinjiang Uyghur Autonomous Region one week
after her sister, United States citizen Rushan Abbas, gave a
speech in Washington, DC, criticizing the Chinese government's
treatment of Uyghurs. The United States Government has since
determined that China's abuses in Xinjiang constitute genocide
and crimes against humanity. Gulshan was later sentenced to 20
years on unproven national security charges.
(11) Dozens of family members of radio free Asia
journalists have been detained in China, likely in an attempt
to coerce their United States-based relatives to stop reporting
on the genocide and other human rights abuses in Xinjiang.
(12) Wang Bingzhang, a democracy activist and United States
permanent resident, was kidnapped in Vietnam in 2002 and
forcibly taken to China, where he was sentenced to life in
prison--reportedly on espionage charges. He has reportedly
spent his entire sentence in solitary confinement, while his
family has been barred from visiting and harassed by Chinese
agents for raising his case at a United Nations meeting in
Geneva.
(13) Ekpar Asat (also known as Ekber Eset), a Uyghur
entrepreneur and founder of Baghdax.com--a website that hosted
discussions of Uyghur human rights and language--was detained
in China in 2016 after returning from a Department of State
leadership program. He was later sentenced to 15 years in
prison.
(14) The exact number of other United States nationals in
China who face exit bans, detention without due process, or
punishment intended to influence United States Government
policies or intimidate their family members is unknown, largely
due to the opacity of China's judicial system.
(15) Notably, some countries without prison transfer
agreements with China have successfully secured the release of
their citizens by initiating prisoner transfer proceedings
under the People's Republic of China's Law of International
Judicial Cooperation in Criminal Matters. France, for example,
has used this mechanism to obtain the release of at least two
French nationals. The United States, however, has not yet
pursued this option.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the
Select Committee on Intelligence of the United States
Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Financial Services,
the Committee on the Judiciary, the Committee on Armed
Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Case of concern.--The term ``case of concern'' means
unjustly detained individuals who--
(A) are not designated by the Secretary of State as
``wrongfully detained'' but where credible information
exists that a United States national detained abroad
meets some of the criteria set by section 2(a) of the
Robert Levinson Hostage Recovery and Hostage-Taking
Accountability Act (22 U.S.C. 1741(a)); and
(B) is the family member of a United States
national who has been detained to--
(i) silence, censor, or intimidate a United
States national because of their advocacy for
internationally recognized human rights;
(ii) silence, censor, or intimidate efforts
of a United States national for their efforts
to publicly report on internationally
recognized human rights in authoritarian or
nondemocratic countries; and
(iii) to influence United States Government
policy or to secure economic or political
concessions from the United States Government.
(3) Family member.--The term ``family member'' means a
spouse, father, mother, child, brother, sister, grandparent,
grandchild, aunt, uncle, nephew, niece, father-in-law, mother-
in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half-brother, or half sister.
(4) United states national.--The term ``United States
national'' means--
(A) a United States national as defined in section
101(a)(22) or section 308 of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408);
or
(B) a lawful permanent resident alien with
significant ties to the United States.
SEC. 4. DIPLOMATIC ACTION PLAN AND CASES OF CONCERN DETERMINATIONS.
(a) Diplomatic Action Plan.--Not later than 60 days after the
enactment of this Act, the Secretary of State shall develop the
following:
(1) A list of cases of concern that includes--
(A) United States nationals detained in the
People's Republic of China who have not been designated
as ``wrongfully detained''; and
(B) family members of United States nationals
detained in the People's Republic of China for the
reasons found in section 3(2)(B); and
(2) A diplomatic action plan that includes, at a minimum,
the following elements:
(A) Designation of an official or officials within
the Department of State to coordinate the diplomatic
activities and to serve as the regular point of contact
for the families of those determined to be cases of
concern.
(B) Guidance for United States Government
officials, as necessary, on the legal, diplomatic, and
public diplomacy efforts that should be undertaken on
behalf of cases of concern.
(C) An exploration of options for increased
diplomatic action to secure the release of detained
United States nationals, including a determination on
expanded use of the International Prison Transfer
Program (IPTP) and, an explanation of why allied
nations, who do not have a prisoner transfer treaty
with the People's Republic of China, nonetheless
initiate prisoner transfer proceedings under the
People's Republic of China's Law of International
Judicial Cooperation in Criminal Matters.
(D) A review of international cooperation efforts
and whether coordination efforts expand the tools
available to the United States to ostracize and hold
accountable states that hold United States nationals
for diplomatic leverage or to censor or intimidate a
United States national.
(E) A review of the available authorities to
respond to the detention of cases of concern, including
an explanation why humanitarian release mechanism is
not used more often to gain the release of detained
Americans.
(F) A review of existing authorities to hold
accountable People's Republic of China officials
responsible for the unjust detentions of Americans,
including those responsible for the torture and
mistreatment of Americans while they are detained.
(G) A plan to address the use of ``exit bans''
targeting United States citizens used to punish, gain
economic concessions, or force voluntary repatriation
of a United States resident.
(H) Establishment of a timetable and a specific
process to review new cases of concern where there is
credible information that a United States national or a
family member of a United States national is being
unjustly detained in the People's Republic of China.
New cases for review shall be identified by the
Assistant Secretary of State for Consular Affairs, the
Assistant Secretary of State for Democracy, Human
Rights, and Labor, the Special Presidential Envoy for
Hostage Affairs, or the head of any other relevant
bureau of the Department of State, in consultation with
information provided by family members or other
credible sources regarding individuals detained in the
People's Republic of China.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a classified report with
an unclassified section with basic facts about the unjust
detentions of Americans in China and recommendations for
Congressional action that includes--
(A) the current number of known United States
nationals detained in the People's Republic of China;
(B) the number of United States nationals
determined to be wrongfully detained in the People's
Republic of China;
(C) the number of United States nationals on the
cases of concern list required by this section;
(D) the number of family members of United States
nationals included among the cases of concern and
detained for the reasons described in section 3(2)(B)
of this Act;
(E) the current number of United States citizens
facing exit bans in the People's Republic of China that
are known to the Department of State;
(F) basic facts about the cases of concern and the
exit ban cases;
(G) a description of specific action taken on
behalf of individuals included on the cases of concern
list and options for increased diplomatic action to
secure their release;
(H) a description of actions taken to address the
cases of individuals facing exit bans;
(I) the timeline and process for reviewing cases to
add to the cases of concern list;
(J) strategies for reducing the number of United
States nationals facing exit bans;
(K) a strategy for more consistent and expanded use
of the International Prison Transfer Program (IPTP),
and an explanation of why allied nations, who do not
have a prisoner transfer treaty with the People's
Republic of China, nonetheless initiate prisoner
transfer proceedings under the People's Republic of
China's Law of International Judicial Cooperation in
Criminal Matters;
(L) a strategy for reducing overall the number of
United States nationals detained and reducing the
frequency of ``prisoner exchanges'';
(M) a list of sanctions or other actions taken to
hold accountable PRC officials responsible for the
unjust detention of Americans citizens and those
responsible for the torture and mistreatment of
Americans while detained in China; and
(N) recommendation for congressional action,
including additional statutory authorities or
appropriations to support or strengthen the objectives
of this Act, and if additional appropriations are
requested, a justification for such funds, including a
description of how they would be allocated and expected
outcomes.
(2) Form.--The report required in this subsection shall be
submitted as a classified report, with an unclassified annex
that includes basic facts about the cases of concern and exit
bans cases and recommendations for Congressional action. After
an initial standalone report, the report may be combined with
the annual report required by section 302(c) of the Robert
Levinson Hostage Recovery and Hostage-Taking Accountability Act
(22 U.S.C. 1741(c)).
(3) Sunset.--The report required in this subsection shall
sunset 3 years after the first report is submitted to the
appropriate Congressional committees.
SEC. 5. ASSISTANCE FOR FAMILY MEMBERS.
(a) Resources for Families of Cases of Concern.--The Secretary
shall provide resource guidance to the family members of the cases of
concern that shall include at a minimum--
(1) contact information for official(s) in the Department
of State or other government agencies designated to answer
family questions;
(2) information to help families understand United States
policy concerning efforts to seek the release of United States
nationals unlawfully or wrongfully held abroad;
(3) relevant guidance on how families may engage with
United States diplomatic and consular channels to ensure prompt
and regular access for the detained individual to legal
counsel, family members, humane treatment, and other services;
(4) guidance on contacting members of Congress or other
individuals who may be influential in securing the release of
their family members;
(5) guidance on possible travel assistance to travel to
Washington, DC, to meet with Department of State and
congressional officials;
(6) a clear and cogent explanation, upon request of a
family member of a detained United States national, about the
``wrongful detention'' determination and why a specific United
States national is not determined to be wrongfully detained;
and
(7) appropriate points of contact, such as legal resources
and counseling services, that have a strong record of assisting
victims' families.
(b) Declarations of Invalidity.--Upon the release of a United
States national from the cases of concern list and the return of that
national to the United States, the President shall issue to that
national a letter, to be known as a ``declaration of invalidity'', that
officially declares the detention of the national in the People's
Republic of China as invalid for the purposes of completion of
documentation for a background investigation or review of prior
offenses, such as a conviction.
SEC. 6. HOLDING GOVERNMENT OFFICIALS OF THE PEOPLE'S REPUBLIC OF CHINA
RESPONSIBLE FOR UNJUST DETENTIONS.
It is the policy of the United States to consider those responsible
for, complicit in, or to have directly engaged in detention of a United
States national or the family member of a United States national as
defined in section 3(4) of this Act, as having engaged in a gross
violation of internationally recognized human rights and sanctionable
under the criteria described in the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.).
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that the People's Republic of China
unjustly detains more American citizens, and the family members of
American citizens, than any other country, employing exit bans and
detentions as a tool to punish, censor, or gain economic or legal
advantage. The People's Republic of China should be designated as a
State Sponsor of Wrongful Detention under Executive Order 14156 and
diplomatic and accountability tools detailed in the Executive Order
should be used to gain the release of cases of concern and end the
unjust detentions and hostage taking of American citizens.
SEC. 8. STATEMENT OF POLICY.
It is the policy of the United States to use the voice and vote,
and influence of the United States at the United Nations and other
multilateral organizations to--
(1) highlight the cases of United States nationals detained
in China;
(2) condemn the use of ``exit bans'' by the Government of
the People's Republic of China and count ``exit bans'' in the
total number of unjustly detained Americans;
(3) condemn the unjust detention of the families of United
States nationals, particularly when the detention is used to
intimidate, silence, or censor Americans; and
(4) press the United Nations Working Group on Arbitrary
Detention to investigate and make determinations regarding
cases of the family members of United States nationals whose
loved ones are detained in retaliation for their professional
activities or human rights advocacy.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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