Interrogation of Detainees: Requirements of the Detainee Treatment Act (CRS Report for Congress)
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| Release Date |
Revised Aug. 26, 2009 |
| Report Number |
RL33655 |
| Report Type |
Report |
| Authors |
Michael John Garcia, Legislative Attorney |
| Source Agency |
Congressional Research Service |
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Summary:
U.S. treatment of enemy combatants and terrorist suspects captured in Afghanistan, Iraq, and other locations has been a subject of long-standing debate, including whether such treatment complies with U.S. statutes and treaties such as the 1949 Geneva Conventions and the U.N. Convention Against Torture (CAT). In response to this controversy, Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148, Title X), and the National Defense Authorization Act for FY2006 (P.L. 109-163, Title XIV). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the "cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government." These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." This report discusses provisions of the DTA concerning standards for the interrogation and treatment of detainees.
This report discusses the application of the DTA by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of the Supreme Court's ruling in Hamdan v. Rumsfeld. In addition, the report discusses the Military Commissions Act of 2006 (MCA) (P.L. 109-366), which contains provisions that reference or amend the DTA. It also addresses the Executive Order issued by President Barack Obama that generally instructs all U.S. agencies to comply with Army Field Manual requirements when interrogating persons captured in an armed conflict. The report also discusses the recommendations made by the Special Task Force on Interrogation and Transfer established by the Executive Order, and the DTA's relevance in the event of the prosecution of U.S. personnel for authorized interrogation or detention activities. For discussion of the provisions in the DTA that limit judicial review of challenges to U.S. detention policy, see CRS Report RL33180, Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court, by Jennifer K. Elsea, Kenneth R. Thomas, and Michael John Garcia.
Several legislative proposals were introduced during the 110th Congress that referenced or modified the DTA's requirements relating to the treatment and interrogation of detainees, including H.R. 2082, the Intelligence Authorization Act for Fiscal Year 2008, which was vetoed by President Bush on March 8, 2008, and House-passed H.R. 4156, the Orderly and Responsible Iraq Redeployment Appropriations Act, 2008. Both bills would have barred the CIA and other intelligence agencies from employing any interrogation tactic that is not authorized by the Army Field Manual. Similar proposals have been introduced in the 111th Congress. It remains to be seen whether President Obama's recent Executive Order on detainee treatment will affect congressional interest in passing further legislation affecting U.S. interrogation policy.
