H.R. 5491

[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.
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