Natiional Defense Authorization Act for Fiscal Year 2006--Conference Report

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006--CONFERENCE REPORT

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UNIFORM STANDARDS OF INTERROGATION FOR DETAINEES

Mr. McCAIN. I would like to thank the chairman and the ranking member for their untiring work to bring the Defense authorization bill to closure. In doing so, Congress takes a major step in ensuring that America stays true to its fundamental values. By establishing uniform standards for the interrogation of Department of Defense detainees, and by ensuring that the United States will not subject any individual to cruel, inhuman or degrading treatment or punishment, we are better able to wage and win the war on terror. This would not have been possible without the work of the chairman, the ranking member, and other members of this committee, including most notably the Senator from South Carolina.

I would also like to thank the President and the national security advisor for their efforts in resolving the difficult issues underlying the amendment. In reaching agreement, we make sure that the world knows that the United States does not--and by law cannot engage in torture or cruel, inhuman or degrading treatment. During our talks, the administration raised legitimate concerns about legal claims facing civilian interrogators. Based on these concerns, the bill includes language that will allow accused civilian interrogators--like military interrogators--a robust defense if a person of ordinary sense and understanding would have believed he was following a lawful directive. It further includes language providing legal counsel to interrogators. These provisions are modeled on provisions drawn from the Uniform Code of Military Justice.

With the detainee treatment provisions, Congress has clearly spoken that the prohibition against torture and other cruel, inhuman or degrading treatment should be enforced and that anyone engaging in or authorizing such conduct, whether at home or overseas, is violating the law. Sections 1402 and 1403 of Title XIV of this bill do not create a new private right ot action. At the same time, these provisions do not eliminate or diminish any private right of action otherwise available. It is our intent not to disable that in any way.

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