[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2219 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2219

 To ensure that, during time of war and in another country, the United 
States does not detain a United States citizen unless the United States 
  first ensures that the citizen's fundamental rights to information, 
               counsel, and communication are protected.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2005

 Mr. Gerlach introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To ensure that, during time of war and in another country, the United 
States does not detain a United States citizen unless the United States 
  first ensures that the citizen's fundamental rights to information, 
               counsel, and communication are protected.

    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 ``Fair Treatment of Americans by 
Americans Act''.

SEC. 2. DETENTION OF UNITED STATES CITIZEN IN ANOTHER COUNTRY DURING 
              TIME OF WAR.

    (a) In General.--During time of war and in another country with 
respect to which no protective treaty or international agreement is in 
effect, an agent of the United States shall not detain, or cause to be 
detained, a United States citizen unless the United States first 
ensures that the citizen receives--
            (1) reasonably adequate information informing the citizen 
        of the reasons for the detention;
            (2) reasonable access to counsel; and
            (3) reasonable opportunity and assistance to regularly 
        communicate with family members.
    (b) Definitions.--In this section:
            (1) The term ``during time of war'' means in a period 
        during which United States Armed Forces are engaged in armed 
        conflict against an enemy of the people of the United States.
            (2) The term ``protective treaty or international 
        agreement'' means, with respect to a country, a treaty or 
        agreement entered into between the United States and the 
        government of that country that defines the duties, 
        obligations, process, and procedures necessary and adequate to 
        afford a United States citizen taken into custody, or otherwise 
        detained, in that other country, the protections specified in 
        paragraphs (1) through (3) of subsection (a).
            (3) The term ``agent of the United States'' means an 
        officer or employee (whether civilian or military) of the 
        United States or of a contractor or subcontractor (at any tier) 
        of the United States.
    (c) Consequences of Violation.--A person who violates this section 
shall be fined under title 18, United States Code, imprisoned not more 
than 2 years, or both.
    (d) Construction With Other Laws.--This section does not apply 
when--
            (1) the citizen's rights, when so detained, are clearly 
        articulated by other Federal law (such as chapter 47 of title 
        10, United States Code (the Uniform Code of Military Justice)) 
        or by one or more treaties or international agreements; and
            (2) the United States ensures that the citizen receives 
        those rights.
                                 <all>