Interrogation of Detainees: Overview of the McCain Amendment [Updated December 11, 2007] [open pdf - 129KB]
"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. 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 require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and 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 the McCain Amendment, as modified and subsequently enacted into law."
CRS Report for Congress, RL33655