[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5460 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5460

To amend the Detainee Treatment Act of 2005 and title 18, United States 
Code, to include waterboarding in the definition of cruel, inhuman, or 
degrading treatment or punishment and in the definition of torture, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2008

 Ms. Eshoo (for herself and Mr. Thompson of California) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
  and in addition to the Select Committee on Intelligence (Permanent 
Select) and Armed Services, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Detainee Treatment Act of 2005 and title 18, United States 
Code, to include waterboarding in the definition of cruel, inhuman, or 
degrading treatment or punishment and in the definition of torture, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WATERBOARDING INCLUDED IN DEFINITION OF CRUEL, INHUMAN, OR 
              DEGRADING TREATMENT OR PUNISHMENT AND IN DEFINITION OF 
              TORTURE.

    (a) Cruel, Inhuman, or Degrading Treatment or Punishment.--Section 
1003(d) of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd; Public 
Law 109-148) and section 1403(d) of the Detainee Treatment Act of 2005 
(42 U.S.C. 2000dd; Public Law 109-163) are each amended by inserting 
after ``1984'' the following: ``, and includes waterboarding, which 
includes any form of physical treatment that simulates drowning or 
gives the individual who is subjected to it the sensation of 
drowning''.
    (b) Torture.--Section 2340(1) of title 18, United States Code, is 
amended by inserting before the semicolon at the end the following: 
``and includes the technique known as `waterboarding', which includes 
any form of physical treatment that simulates drowning or gives the 
individual who is subjected to it the sensation of drowning''.

SEC. 2. TREATMENT OF INDIVIDUALS IN CUSTODY OF CENTRAL INTELLIGENCE 
              AGENCY.

    Section 1003(a) of the Detainee Treatment Act of 2005 (42 U.S.C. 
2000dd; Public Law 109-148) and section 1403(a) of the Detainee 
Treatment Act of 2005 (42 U.S.C. 2000dd; Public Law 109-163) are each 
amended by inserting after ``Government,'' the following: ``including 
any individual in the custody or under the physical control of the 
Central Intelligence Agency,''.
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