The bill lets the C.I.A. "operate with a freer hand" than the Defense Department "in that space between the Army Field Manual and the McCain amendment," he said.

The vote broke mostly on party lines, with only seven Republicans voting with 45 Democrats to vote down the McCain amendment.

The third, he said, is to help make a case on Capitol Hill that the McCain amendment is unnecessary.

The McCain amendment proposed eliminating the controversial surtax but keeping a monthly $4 premium to finance secondary benefits.

The McCain amendment, prohibiting "cruel, inhuman, or degrading" treatment in all instances, is an accurate reflection of the true values of the military and American society.

The McCain amendment, as it is known, was authored for Senator McCain's office by Anne P. Mitchell.

Republicans in the Senate and House forced Mr. Bush to back the McCain amendment, and Mr. Cheney's plan to legalize torture by intelligence agents was rebuffed.

The McCain amendment would prohibit the cruel, inhuman or degrading treatment of prisoners in American custody anywhere in the world, including at secret facilities run by the C.I.A.

However, if the US does not tolerate torture inside or outside the United States, why is it resisting the McCain amendment?

Mrs Ludford has mentioned the McCain amendment in this connection.