HR5491119th Congress

Nelson Wells Jr. and Dawn Michelle Hunt Unjustly Detained in Communist China Act

Sponsored By: Representative Smith, Christopher H. [R-NJ-4]

Introduced

Summary

Creates a coordinated U.S. framework to assist Americans unjustly detained in China. The bill would set up diplomatic plans, case definitions, family support, and tools to press for releases and accountability.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Official letter to clear China detentions

If enacted, when a listed person is released and returns to the U.S., the President would give them a “declaration of invalidity.” The letter would state their China detention was invalid. They could use it for background checks or reviews of prior offenses.

Broader protection for detained Americans and green card holders

If enacted, more people would be covered by this help. It would treat some green card holders with strong U.S. ties as “United States nationals” for this act. It would also define “cases of concern” to include unjustly detained people not yet labeled “wrongfully detained” and some family members held to silence or pressure them. This would make it easier to track and assist these cases.

Detailed report to Congress on detentions

If enacted, within 120 days the State Department would send Congress a classified report with an unclassified summary. It would include counts of detainees and exit bans, actions taken, timelines, and options like prisoner transfers. It would also list sanctions used and recommend any new authorities or funding. After the first report, it could be combined with the Levinson Act report, and the reporting would end three years after the first submission.

Help and contacts for families of detainees

If enacted, within 60 days the State Department would publish a “cases of concern” list and a diplomatic action plan. The plan would name officials to coordinate and be points of contact. Families would get contact info, consular guidance, travel help, and legal and counseling referrals. The plan would address exit bans, look at prisoner transfer options, and set a process to review new cases.

Use sanctions and U.N. to press China

If enacted, U.S. policy would be to consider sanctions on Chinese officials linked to unjust detentions under the Global Magnitsky law. The U.S. would also use the U.N. and other bodies to highlight cases, condemn exit bans, and push reviews of family-member detentions.

Sponsors & CoSponsors

Sponsor

Smith, Christopher H. [R-NJ-4]

NJ • R

Cosponsors

  • Rep. Krishnamoorthi, Raja [D-IL-8]

    IL • D

    Sponsored 9/18/2025

  • Rep. Hill, J. French [R-AR-2]

    AR • R

    Sponsored 9/18/2025

  • Rep. Vindman, Eugene Simon [D-VA-7]

    VA • D

    Sponsored 10/3/2025

  • Rep. Moolenaar, John R. [R-MI-2]

    MI • R

    Sponsored 12/1/2025

  • Rep. Lawler, Michael [R-NY-17]

    NY • R

    Sponsored 1/22/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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