Detainee Treatment Act
The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on December 30, 2005.[1] Offered as an amendment to a supplemental defense spending bill, it contains provisions relating to treatment of persons in custody of the Department of Defense, and administration of detainees held in Guantanamo Bay, Cuba, including:[2]
Legislative details[edit]
The amendment affected the United States Senate Department of Defense Appropriations Act, 2006 (DOD Act); the amendment is commonly referred to as the Amendment on (1) the Army Field Manual and (2) Cruel, Inhumane, Degrading Treatment, amendment #1977 and also known as the McCain Amendment 1977. It became the Detainee Treatment Act of 2005 (DTA) as Division A, Title X of the DOD Act.[3] The amendment prohibits inhumane treatment of prisoners, including prisoners at Guantanamo Bay, by confining interrogations to the techniques in FM 34-52 Intelligence Interrogation. Also, section 1005(e) of the DTA prohibits aliens detained in Guantanamo Bay from applying for a writ of habeas corpus.[4] Certain portions of the amendment were enacted as 42 U.S.C. § 2000dd.
Amendment 1977 amended the Defense Appropriations Bill for 2005 (H.R.2863) passed by the United States House of Representatives. The amendment was introduced to the Senate by Senator John McCain (R-Arizona) on October 3, 2005, as S.Amdt.1977.
The amendment was co-sponsored by a bi-partisan group of senators, including Lindsey Graham, Chuck Hagel, Gordon H. Smith, Susan M. Collins, Lamar Alexander, Richard Durbin, Carl Levin, John Warner, Lincoln Chafee, John E. Sununu, and Ken Salazar.
On October 5, 2005, the United States Senate voted 90–9 to support the amendment.[5]
The Senators who voted against the amendment were Wayne Allard (R-CO), Christopher Bond (R-MO), Tom Coburn (R-OK), Thad Cochran (R-MS), John Cornyn (R-TX), James Inhofe (R-OK), Pat Roberts (R-KS), Jeff Sessions (R-AL), and Ted Stevens (R-AK).