Interrogation of Detainees: Overview of the McCain Amendment [Updated October 23, 2006] [open pdf - 88KB]
"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) and the 1949 Geneva Conventions [...]This report discusses the McCain Amendment, as modified and subsequently enacted into law. This report also discusses the application of the McCain Amendment 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 (P.L. 109-366), which was signed into law on October 17, 2006. The Act includes provisions that reference or amend the McCain Amendment. For a discussion of the provisions in the DTA 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."
CRS Report for Congress, RL33655