This Act mandates the State Department to develop a diplomatic action plan and report to Congress regarding United States nationals and their family members unjustly detained or subjected to exit bans by the People's Republic of China, while also authorizing sanctions against responsible Chinese officials.
Christopher "Chris" Smith
Representative
NJ-4
This Act addresses the unjust detention of U.S. nationals and their family members by the People's Republic of China. It mandates the development of a diplomatic action plan by the Secretary of State to secure releases and hold accountable Chinese officials responsible for these detentions. Furthermore, the bill calls for increased reporting to Congress and outlines specific policy actions to condemn China's use of detention and exit bans as leverage.
New Act Creates ‘Cases of Concern’ List for US Citizens Unjustly Detained in China, Mandates Sanctions on Responsible Officials
This legislation, named the Nelson Wells Jr. and Dawn Michelle Hunt Unjustly Detained in Communist China Act, directs the State Department to dramatically step up its efforts to secure the release of Americans held in China. It’s a direct response to cases where U.S. citizens face lengthy sentences or harsh treatment under questionable circumstances, often detailed in the bill’s findings—like those of Wells and Hunt, who were arrested in 2014 and sentenced to decades in prison on drug charges that their families claim were part of trafficking schemes they were unknowingly involved in.
The State Department’s New To-Do List
Within 60 days of this Act becoming law, the Secretary of State has to create two things. First, a list of “cases of concern.” This list is designed to catch people who haven't been officially designated as “wrongfully detained” but who meet the criteria for unjust detention. Crucially, this list also includes family members of U.S. nationals who are detained in China specifically to silence, censor, or intimidate the U.S. national, or to pressure the U.S. government for concessions. Think of it as a formal recognition of the coercive tactics China uses, like detaining a relative of a U.S. journalist or human rights advocate.
Second, the State Department must develop a detailed diplomatic action plan. This plan isn't just a memo; it requires the Department to explore options like the expanded use of the International Prison Transfer Program (IPTP) and explain why allied nations (like France) can initiate prisoner transfers without a formal treaty, but the U.S. hasn't. Basically, Congress is asking State to show its work and explain why every possible diplomatic tool isn't being used to bring people home.
Accountability and the Global Magnitsky Hammer
If you’re a family member worried about a loved one detained overseas, this bill provides two major structural improvements. First, it mandates specific resources and guidance for families of those on the “cases of concern” list, including contact information for government officials, legal resources, and even potential travel assistance to meet with officials in D.C. It also requires the State Department to clearly explain why a detained national was not determined to be wrongfully detained, giving families the clarity they often lack.
Perhaps the biggest move is Section 6, which targets the officials in China responsible for these detentions. The bill establishes that any PRC official found to be responsible for, complicit in, or directly engaged in the unjust detention or mistreatment of a U.S. national (or their family member) is considered to have committed a gross violation of human rights. Why does that matter? Because it makes those officials subject to sanctions under the Global Magnitsky Human Rights Accountability Act. This means the U.S. can freeze their assets, deny them visas, and essentially cut them off from the U.S. financial system—a direct, personal consequence for engaging in these coercive tactics.