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Detainee Treatment Act


The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was passed on 30 December 2005. 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:

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. 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. 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.


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