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Summary:
Recent controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT). Congress recently approved additional guidelines concerning the treatment of detainees. The Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109148), and the National Defense Authorization Act for FY2006 (P.L. 109-163) contain identical 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, added to the defense appropriations and authorization bills via amendments introduced by Senator John McCain, have popularly been referred to as "the McCain amendment." This report discusses the McCain amendment, as modified and subsequently enacted into law. For a discussion of the provisions in the defense appropriations and authorization bills that limit judicial review of challenges to U.S. detention policy, see CRS Report RL33180, Guantanamo Detainees: Habeas Corpus Challenges in Federal Court, by Jennifer K. Elsea and Kenneth Thomas. Amidst controversy regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, Congress recently approved additional guidelines concerning the treatment of persons in U.S. custody and control. The National Defense Authorization Act for FY2006 (P.L. 109-163), and the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148) contain identical 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, added to the defense appropriations and authorization bills via amendments introduced by Senator John Congressional Research Service ~ The Library of Congress
