link"National Security with Justice Act of 2007"
SEC. 106. UNIFORM STANDARDS FOR THE INTERROGATION OF INDIVIDUALS DETAINED BY THE GOVERNMENT OF THE UNITED STATES.
(a) In General- No individual in the custody or under the effective control of an officer or agent of the United States or detained in a facility operated by or on behalf of the Department of Defense, the Central Intelligence Agency, or any other agency of the Government of the United States shall be subject to any treatment or technique of interrogation not authorized by and listed in United States Army Field Manual 2-22.3, entitled `Human Intelligence Collector Operations'.
(b) Applicability- Subsection (a) shall not apply with respect to any individual in the custody or under the effective control of the Government of the United States based on--
(1) an arrest or conviction for violating Federal criminal law; or
(2) an alleged or adjudicated violation of the immigration laws of the United States.
So if an FBI agent tells a prisoner at Gitmo, "You are now under arrest," then he can be waterboarded?