Amidst controversy regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, Congress approved additional guidelines concerning the treatment of persons in U.S. custody and control 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 ), and the National Defense Authorization Act for FY2006 ( P.L. 109 - 163 ). 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, added to the defense appropriations and authorization bills via amendments introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." As subsequently modified, the DTA also provides legal protections and assistance to U.S. personnel engaged in the authorized interrogation of a terrorist suspect. The Military Commissions Act of 2006 (MCA, P.L. Post-DTA Developments Concerning the Interrogation and Treatment of Detainees

In the years following the enactment of the DTA, the standards governing the interrogation and treatment of detainees have been further modified by executive, legislative, and judicial action. Most recently, President Barack Obama has issued an Executive Order which generally requires all U.S. agencies conducting interrogations of persons during armed conflicts to comply with Army Field Manual requirements. Effects of Hamdan v. Rumsfeld and the MCA

In the 2006 case of Hamdan v. Rumsfeld , the Supreme Court rejected the Bush Administration's long-standing position that Common Article 3 of the 1949 Geneva Conventions was inapplicable to the present armed conflict with Al Qaeda. Several bills introduced in response to the Hamdan decision contained provisions that referenced the DTA. The DTA may have implications for the prosecution of U.S. agents for conduct involving the treatment or interrogation of wartime detainees. The version of H.R. 2082 reported out of conference was passed by the House on December 13, 2007, and the Senate on February 13, 2008, but was subsequently vetoed by President Bush on March 8, 2008. 4156 , the Orderly and Responsible Iraq Redeployment Appropriations Act, 2008, which was passed by the House on November 14, 2007, would have generally barred all federal agencies, including the CIA, from using any treatment or interrogation tactic that is not authorized or listed by the Army Field Manual. Similar proposals have also been introduced in the 111 th Congress. It remains to be seen whether President Obama's Executive Order on detainee treatment or the findings of the Special Interagency Task Force on Interrogation and Transfer Policies will affect congressional interest in passing further legislation affecting U.S. interrogation policy. H.R.
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 [author name scrubbed], [author name scrubbed], and [author name scrubbed].
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.