Interrogation of Detainees: Overview of the McCain Amendment (CRS Report for Congress)
| Release Date |
Revised Jan. 24, 2006 |
| Report Number |
RS22312 |
| Report Type |
Report |
| Authors |
Michael Garcia and Lee Woor, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
-
Premium Nov. 2, 2005 (6 pages, $24.95)
add
|
Summary:
Recent controversy has arisen over interrogation and detention techniquesemployed by the United States against enemy combatants and terrorist suspects beingdetained in Iraq, Afghanistan, and other locations, and whether such techniques complywith U.S. statutes and international treaties such as the U.N. Convention Against Tortureand Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT).On October 5, 2005, the Senate adopted a floor amendment (S.Amdt. 1977), proposedby Senator John McCain with 11 co-sponsors, that would (1) require Department ofDefense (DOD) personnel to employ United States Army Field Manual guidelines whileinterrogating detainees, and (2) prohibit the "cruel, inhuman and degrading treatment orpunishment of persons under the detention, custody, or control of the United StatesGovernment." The amendment modified the Defense Department FY2006Appropriations bill (H.R. 2863), which had passed the House on June 20, 2005, withouta comparable provision. The defense appropriations bill is currently before a conferencecommittee. On November 4, 2005, Senator McCain proposed an identically wordedamendment (S.Amdt. 2425) to S. 1042, the National Defense Authorization Act forFY2006, and the amendment was agreed to by the Senate on a voice vote. OnNovember 15, 2005, the Senate substituted the language of S. 1042, as amended, for theHouse-passed version of H.R. 1815 and then passed the amended version of H.R. 1815by unanimous consent. H.R. 1815 is currently before a conference committee to resolvedifferences between the House- and Senate-passed versions of the bill.
