1. Short title

This Act may be cited as the "Nelson Wells Jr. and Dawn Michelle Hunt Unjustly Detained in Communist China Act".

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.

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.

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.

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.

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.).

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.

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.