110 HR 5460 IH: To amend the Detainee Treatment Act of 2005 and title 18, U.S. House of Representatives 2008-02-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5460 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.

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.

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,.