,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #edia  ,,in ,,the ,,house ,,of  
,,representatives  ,september #ah1      
#bjbe,mr4 ,smith of ,new ,jersey 7for   
himself1 ,mr4 ,krishnamoorthi1 and ,mr4 
,hill of ,arkansas7 introduced the      
following bill2 which was referred to   
the ,committee on ,foreign ,affairs1 and
 in addition to the ,committee on the   
,judiciary1 for a period to be          
subsequently determined by the ,speaker1
 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 ,china4  #a4 ,short title  
,this ,act may be cited as the ,nelson  
,wells ,jr4 and ,dawn ,michelle ,hunt   
,unjustly ,detained in ,communist ,china
 ,act4  #b4 ,findings ,congress finds   
the following3 7#a7 ,nelson ,a4 ,wells1 
,jr41 a ,new ,orleans native1 was       
arrested in ,china on drug smuggling    

charges in #bjad4 ,he was initially     
sentenced to life imprisonment but had  
his sentence reduced to #bb years in    
#bjai1 leaving him incarcerated until   
#bjda4 ,in #bjbd testimony before the   
,congressional-,executive ,commission on
 ,china1 ,wells' father recounted that  
his son had traveled to ,china for a    
necessary medical procedure4 ,while     
recovering1 ,nelson met an acquaintance 
who asked him to carry bags of gifts to 
,japan4 ,he insists he had no idea that 
those bags contained hidden drugs4  7#b7
 ,mr4 ,wells has reportedly endured     
physical attacks in prison and suffers  
from debilitating chronic pain and acute
 medical conditions1 including seizures1
 severe dental pain1 and untreated      
health challenges4  7#c7 ,dawn ,michelle
 ,hunt1 originally from ,chicago1 was   
also arrested in ,china in #bjad4 ,she  
was sentenced to death with a #b-year   
reprieve in #bjag1 later commuted to    
life imprisonment4 ,according to her    
family1 she was lured to ,china by a    

fraudulent sweepstakes offer and        
arrested when drugs were found in       
handbags given to her by the trip       
organizers4 ,evidence suggests she was  
unknowingly caught in an elaborate drug 
trafficking scheme1 but this evidence   
was ignored at sentencing4  7#d7 ,in    
testimony before the                    
,congressional-,executive ,commission on
 ,china1 ,ms4 ,hunt's brother described 
the sexual abuse and mistreatment she   
has endured in prison1 as well as her   
severe1 untreated medical problems1     
including tumors in her uterus and      
ovaries4  7#e7 ,according to the ,foley 
,foundation1 in #bjbd1 more ,united     
,states nationals were wrongfully       
detained in ,china than in any other    
country4  7#f7 ,the ,dui ,hua           
,foundation reports that over #bjj      
,united ,states nationals are detained  
under coercive measures in ,china1 with 
limited information available about     
their cases4  7#g7 ,some of these       
,americans are subject to so-called exit

 bans1 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  
liable4  7#h7 ,for example1 ,henry ,cai1
 a businessman from ,california1 has    
been trapped in ,china since #bjag1     
unable to return home to his family1 due
 to an ongoing financial dispute in     
which he claims no responsibility4  7#i7
 ,additionally1 individuals living in   
,china whose family members are ,united 
,states nationals are often detained to 
influence ,united ,states ,government   
policy1 to intimidate or punish their   
relatives for speaking out1 or to censor
 their free speech in the ,united       
,states4  7#aj7 ,in #bjah1 ,gulshan     
,abbas1 a retired medical doctor1 was   
detained in the ,xinjiang ,uyghur       
,autonomous ,region one week after her  
sister1 ,united ,states citizen ,rushan 
,abbas1 gave a speech in ,washington1   

,,dc1 criticizing the ,chinese          
government's treatment of ,uyghurs4 ,the
 ,united ,states ,government has since  
determined that ,china's abuses in      
,xinjiang constitute genocide and crimes
 against humanity4 ,gulshan was later   
sentenced to #bj years on unproven      
national security charges4  7#aa7       
,dozens of family members of radio free 
,asia journalists have been detained in 
,china1 likely in an attempt to coerce  
their ,united ,states-based relatives to
 stop reporting on the genocide and     
other human rights abuses in ,xinjiang4 
7#ab7 ,wang ,bingzhang1 a democracy     
activist and ,united ,states permanent  
resident1 was kidnapped in ,vietnam in  
#bjjb and forcibly taken to ,china1     
where he was sentenced to life in       
prison--reportedly on espionage charges4
 ,he has reportedly spent his entire    
sentence in solitary confinement1 while 
his family has been barred from visiting
 and harassed by ,chinese agents for    
raising his case at a ,united ,nations  

meeting in ,geneva4  7#ac7 ,ekpar ,asat 
7also known as ,ekber ,eset71 a ,uyghur 
entrepreneur and founder of             
,baghdax4com--a website that hosted     
discussions of ,uyghur human rights and 
language--was detained in ,china in     
#bjaf after returning from a ,department
 of ,state leadership program4 ,he was  
later sentenced to #ae years in prison4 
7#ad7 ,the exact number of other ,united
 ,states nationals in ,china who face   
exit bans1 detention without due        
process1 or punishment intended to      
influence ,united ,states ,government   
policies or intimidate their family     
members is unknown1 largely due to the  
opacity of ,china's judicial system4    
7#ae7 ,notably1 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 ,matters4 ,france1 for       

example1 has used this mechanism to     
obtain the release of at least two      
,french nationals4 ,the ,united ,states1
 however1 has not yet pursued this      
option4  #c4 ,definitions ,in this ,act3
 7#a7 ,appropriate congressional        
committees ,the term appropriate        
congressional committees means-- 7,a7   
the ,committee on ,foreign ,relations1  
the ,committee on ,appropriations1 the  
,committee on ,banking1 ,housing1 and   
,urban ,affairs1 the ,committee on the  
,judiciary1 the ,committee on ,armed    
,services1 and the ,select ,committee on
 ,intelligence of the ,united ,states   
,senate2 and  7,b7 the ,committee on    
,foreign ,affairs1 the ,committee on    
,appropriations1 the ,committee on      
,financial ,services1 the ,committee on 
the ,judiciary1 the ,committee on ,armed
 ,services1 and the ,permanent ,select  
,committee on ,intelligence of the      
,house of ,representatives4  7#b7 ,case 
of concern ,the term case of concern    
means unjustly detained individuals     

who-- 7,a7 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 #b7;a7 of the   
,robert ,levinson ,hostage ,recovery and
 ,hostage-,taking ,accountability ,act  
7#bb ,u4,s4,c4 #agda7;a772 and  7,b7 is 
the family member of a ,united ,states  
national who has been detained to-- 7i7 
silence1 censor1 or intimidate a ,united
 ,states national because of their      
advocacy for internationally recognized 
human rights2  7ii7 silence1 censor1 or 
intimidate efforts of a ,united ,states 
national for their efforts to publicly  
report on internationally recognized    
human rights in authoritarian or        
nondemocratic countries2 and  7iii7 to  
influence ,united ,states ,government   
policy or to secure economic or         
political concessions from the ,united  
,states ,government4  7#c7 ,family      
member ,the term family member means a  

spouse1 father1 mother1 child1 brother1 
sister1 grandparent1 grandchild1 aunt1  
uncle1 nephew1 niece1 father-in-law1    
mother-in-law1 son-in-law1              
daughter-in-law1 brother-in-law1        
sister-in-law1 stepfather1 stepmother1  
stepson1 stepdaughter1 stepbrother1     
stepsister1 half-brother1 or half       
sister4  7#d7 ,united states national   
,the term ,united ,states national      
means-- 7,a7 a ,united ,states national 
as defined in section #aja7;a77#bb7 or  
section #cjh of the ,immigration and    
,nationality ,act 7#h ,u4,s4,c4         
#aaja7;a77#bb71 #h ,u4,s4,c4 #adjh72 or 
7,b7 a lawful permanent resident alien  
with significant ties to the ,united    
,states4  #d4 ,diplomatic action plan   
and cases of concern determinations  7a7
 ,diplomatic action plan ,not later than
 #fj days after the enactment of this   
,act1 the ,secretary of ,state shall    
develop the following3 7#a7 ,a list of  
cases of concern that includes-- 7,a7   
,united ,states nationals detained in   

the ,people's ,republic of ,china who   
have not been designated as wrongfully  
detained2 and  7,b7 family members of   
,united ,states nationals detained in   
the ,people's ,republic of ,china for   
the reasons found in section #c7b77;,b72
 and  7#b7 ,a diplomatic action plan    
that includes1 at a minimum1 the        
following elements3 7,a7 ,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 concern4  7,b7 ,guidance for ,united
 ,states ,government officials1 as      
necessary1 on the legal1 diplomatic1 and
 public diplomacy efforts that should be
 undertaken on behalf of cases of       
concern4  7,c7 ,an exploration of       
options for increased diplomatic action 
to secure the release of detained       
,united ,states nationals1 including a  
determination on expanded use of the    
,international ,prison ,transfer        

,program 7,,iptp7 and1 an explanation of
 why allied nations1 who do not have a  
prisoner transfer treaty with the       
,people's ,republic of ,china1          
nonetheless initiate prisoner transfer  
proceedings under the ,people's         
,republic of ,china's ,law of           
,international ,judicial ,cooperation in
 ,criminal ,matters4  7,d7 ,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 national4  
7,e7 ,a review of the available         
authorities to respond to the detention 
of cases of concern1 including an       
explanation why humanitarian release    
mechanism is not used more often to gain
 the release of detained ,americans4    
7,f7 ,a review of existing authorities  
to hold accountable ,people's ,republic 
of ,china officials responsible for the 

unjust detentions of ,americans1        
including those responsible for the     
torture and mistreatment of ,americans  
while they are detained4  7,g7 ,a plan  
to address the use of exit bans         
targeting ,united ,states citizens used 
to punish1 gain economic concessions1 or
 force voluntary repatriation of a      
,united ,states resident4  7,h7         
,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  
,china4 ,new cases for review shall be  
identified by the ,assistant ,secretary 
of ,state for ,consular ,affairs1 the   
,assistant ,secretary of ,state for     
,democracy1 ,human ,rights1 and ,labor1 
the ,special ,presidential ,envoy for   
,hostage ,affairs1 or the head of any   
other relevant bureau of the ,department
 of ,state1 in consultation with        

information provided by family members  
or other credible sources regarding     
individuals detained in the ,people's   
,republic of ,china4  7b7 ,report  7#a7 
,in general ,not later than #abj days   
after the date of the enactment of this 
,act1 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--   
7,a7 the current number of known ,united
 ,states nationals detained in the      
,people's ,republic of ,china2  7,b7 the
 number of ,united ,states nationals    
determined to be wrongfully detained in 
the ,people's ,republic of ,china2  7,c7
 the number of ,united ,states nationals
 on the cases of concern list required  
by this section2  7,d7 the number of    
family members of ,united ,states       
nationals included among the cases of   
concern and detained for the reasons    

described in section #c7b77;,b7 of this 
,act2  7,e7 the current number of       
,united ,states citizens facing exit    
bans in the ,people's ,republic of      
,china that are known to the ,department
 of ,state2  7,f7 basic facts about the 
cases of concern and the exit ban cases2
  7,g7 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 release2  7,h7 a           
description of actions taken to address 
the cases of individuals facing exit    
bans2  7,i7 the timeline and process for
 reviewing cases to add to the cases of 
concern list2  7,j7 strategies for      
reducing the number of ,united ,states  
nationals facing exit bans2  7,k7 a     
strategy for more consistent and        
expanded use of the ,international      
,prison ,transfer ,program 7,,iptp71 and
 an explanation of why allied nations1  
who do not have a prisoner transfer     
treaty with the ,people's ,republic of  

,china1 nonetheless initiate prisoner   
transfer proceedings under the ,people's
 ,republic of ,china's ,law of          
,international ,judicial ,cooperation in
 ,criminal ,matters2  7,l7 a strategy   
for reducing overall the number of      
,united ,states nationals detained and  
reducing the frequency of prisoner      
exchanges2  7,m7 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 ,china2 and  7,n7           
recommendation for congressional action1
 including additional statutory         
authorities or appropriations to support
 or strengthen the objectives of this   
,act1 and if additional appropriations  
are requested1 a justification for such 
funds1 including a description of how   
they would be allocated and expected    
outcomes4  7#b7 ,form ,the report       
required in this subsection shall be    

submitted as a classified report1 with  
an unclassified annex that includes     
basic facts about the cases of concern  
and exit bans cases and recommendations 
for ,congressional action4 ,after an    
initial standalone report1 the report   
may be combined with the annual report  
required by section #cjb7;c7 of the     
,robert ,levinson ,hostage ,recovery and
 ,hostage-,taking ,accountability ,act  
7#bb ,u4,s4,c4 #agda7;c774  7#c7 ,sunset
 ,the report required in this subsection
 shall sunset #c years after the first  
report is submitted to the appropriate  
,congressional committees4  #e4         
,assistance for family members  7a7     
,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-- 7#a7 contact     
information for official7s7 in the      
,department of ,state or other          
government agencies designated to answer
 family questions2  7#b7 information to 

help families understand ,united ,states
 policy concerning efforts to seek the  
release of ,united ,states nationals    
unlawfully or wrongfully held abroad2   
7#c7 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 counsel1  
family members1 humane treatment1 and   
other services2  7#d7 guidance on       
contacting members of ,congress or other
 individuals who may be influential in  
securing the release of their family    
members2  7#e7 guidance on possible     
travel assistance to travel to          
,washington1 ,,dc1 to meet with         
,department of ,state and congressional 
officials2  7#f7 a clear and cogent     
explanation1 upon request of a family   
member of a detained ,united ,states    
national1 about the wrongful detention  
determination and why a specific ,united
 ,states national is not determined to  
be wrongfully detained2 and  7#g7       

appropriate points of contact1 such as  
legal resources and counseling services1
 that have a strong record of assisting 
victims' families4  7b7 ,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 ,states1 the    
,president shall issue to that national 
a letter1 to be known as a declaration  
of invalidity1 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        
offenses1 such as a conviction4  #f4    
,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 for1         
complicit in1 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 #c7d7 of this ,act1 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 7#bb
 ,u4,s4,c4 #ajaja et seq474  #g4 ,sense 
of ,congress ,it is the sense of        
,congress that the ,people's ,republic  
of ,china unjustly detains more         
,american citizens1 and the family      
members of ,american citizens1 than any 
other country1 employing exit bans and  
detentions as a tool to punish1 censor1 
or gain economic or legal advantage4    
,the ,people's ,republic of ,china      
should be designated as a ,state        
,sponsor of ,wrongful ,detention under  
,executive ,order #adaef 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 citizens4  #h4      

,statement of policy ,it is the policy  
of the ,united ,states to use the voice 
and vote1 and influence of the ,united  
,states at the ,united ,nations and     
other multilateral organizations to--   
7#a7 highlight the cases of ,united     
,states nationals detained in ,china2   
7#b7 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       
,americans2  7#c7 condemn the unjust    
detention of the families of ,united    
,states nationals1 particularly when the
 detention is used to intimidate1       
silence1 or censor ,americans2 and  7#d7
 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 advocacy4