Relating to persons under the detention, custody, or control of the United States Government.

SA 1977. Mr. McCAIN (for himself, Mr. Graham, Mr. Hagel, Mr. Smith,
and Ms. Collins) submitted an amendment intended to be proposed by him
to the bill H.R. 2863, making appropriations for the Department of
Defense for the fiscal year ending September 30, 2006, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS
UNDER THE DETENTION OF THE DEPARTMENT OF
DEFENSE.

(a) In General.--No person in the custody or under the
effective control of the Department of Defense or under
detention in a Department of Defense facility shall be
subject to any treatment or technique of interrogation not
authorized by and listed in the United States Army Field
Manual on Intelligence Interrogation.
(b) Applicability.--Subsection (a) shall not apply to with
respect to any person in the custody or under the effective
control of the Department of Defense pursuant to a criminal
law or immigration law of the United States.
(c) Construction.--Nothing in this section shall be
construed to affect the rights under the United States
Constitution of any person in the custody or under the
physical jurisdiction of the United States.

SEC. __. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING
TREATMENT OR PUNISHMENT OF PERSONS UNDER
CUSTODY OR CONTROL OF THE UNITED STATES
GOVERNMENT.

(a) In General.--No individual in the custody or under the
physical control of the

[[Page S10909]]

United States Government, regardless of nationality or
physical location, shall be subject to cruel, inhuman, or
degrading treatment or punishment.
(b) Construction.--Nothing in this section shall be
construed to impose any geographical limitation on the
applicability of the prohibition against cruel, inhuman, or
degrading treatment or punishment under this section.
(c) Limitation on Supersedure.--The provisions of this
section shall not be superseded, except by a provision of law
enacted after the date of the enactment of this Act which
specifically repeals, modifies, or supersedes the provisions
of this section.
(d) Cruel, Inhuman, or Degrading Treatment or Punishment
Defined.--In this section, the term ``cruel, inhuman, or
degrading treatment or punishment'' means the cruel, unusual,
and inhumane treatment or punishment prohibited by the Fifth,
Eighth, and Fourteenth Amendments to the Constitution of the
United States, as defined in the United States Reservations,
Declarations and Understandings to the United Nations
Convention Against Torture and Other Forms of Cruel, Inhuman
or Degrading Treatment or Punishment done at New York,
December 10, 1984.
______