S.Amdt. 1570

SA 1570. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:

On page 286, between lines 7 and 8, insert the following:

SEC. 1073. PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT.

(a) In General.--No person in the custody or under the physical control of the United States shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment.

(b) Definitions.--As used in this section--

(1) the term “torture” has the meaning given that term in section 2340(1) of title 18, United States Code ; and

(2) the term “cruel, inhuman, or degrading treatment or punishment” means conduct that would constitute cruel, unusual, and inhumane treatment or punishment prohibited by the fifth amendment, eighth amendment, or fourteenth amendment to the Constitution of the United States if the conduct took place in the United States.