[Congressional Record Volume 151, Number 104 (Wednesday, July 27, 2005)]
[Senate]
[Page S9148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    STRIKING THE PRESIDENTIAL WAIVER AUTHORITY IN AMENDMENT NO. 1556

  Mr. McCAIN. Mr. President, on Monday I offered an amendment that 
would prohibit cruel, inhuman, or degrading treatment or punishment of 
persons under the custody or control of the U.S. Government. I was 
pleased that Senators Warner, Graham, and Collins joined as original 
cosponsors, and Senators Chafee and Alexander have also joined as 
cosponsors.
  After I offered the amendment, I agreed to modify it at the manager's 
request to include a Presidential waiver--section (b) of the pending 
amendment. It is now clear, however, that this would be inconsistent 
with the overall intent of my amendment, which is to ensure that there 
is full compliance with our treaty obligations, including with the 
prohibition against cruel, inhuman, and degrading treatment included in 
the Convention Against Torture, which was signed by President Reagan 
and ratified by the Senate.
  For this reason, I have filed a second-degree amendment to amendment 
No. 1556 that would strike the waiver. When the Senate resumes 
consideration of the Defense authorization bill, I will either modify 
the pending amendment, seek action on the second-degree amendment, or 
simply file a new amendment without the waiver. In short, I will offer 
for consideration--and seek passage of--a statutory prohibition against 
cruel, inhuman, or degrading treatment or punishment, without a 
Presidential waiver.

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