"This report discusses the McCain Amendment, as modified and subsequently enacted into law. This report also discusses the application of the McCain Amendment by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of the Supreme Court's ruling in Hamdan v. Rumsfeld. In addition, the report discusses recent legislation relating to Al Qaeda detainees that references the McCain Amendment. The proposals discussed by this report are S. 3929 and S. 3930, which are both entitled the Military Commissions Act of 2006, introduced by Senator Mitch McConnell on September 22, 2006; S. 3901, the Military Commissions Act of 2006, proposed by Senator John Warner and voted out of the Senate Armed Services Committee on September 14, 2006; S. 3861, the Bringing Terrorists to Justice Act of 2006, and S. 3886, the Terrorist Tracking, Identification, and Prosecution Act of 2006, both introduced by Senator Bill Frist; and H.R. 6054, the Military Commissions Act of 2006, introduced by Representative Duncan Hunter. For a discussion of the provisions in the DTA that limit judicial review of challenges to U.S. detention policy, see CRS Report RL33180, Guantanamo Detainees: Habeas Corpus Challenges in Federal Court, by Jennifer K. Elsea and Kenneth Thomas." Congressional Research Service
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