Last year the White House and Justice Department opposed including such a measure in the spending bill because it applied to C.I.A. agents in foreign countries. Yesterday, there was no objection, possibly because the bill did not include a specific mention of C.I.A. agents.

Instead, it says that no money appropriated in the bill can be used "to subject any person in the custody or under the physical control of the United States to torture or cruel, inhuman or degrading treatment or punishment that is prohibited by the Constitution, laws or treaties of the United States."

It's unclear whether the provision could be made applicable to C.I.A. agents or to the practice of rendition.

Representative Edward J. Markey, a Massachusetts Democrat who sponsored a version of the provision in the House, said that in his view the measure effectively banned renditions if military financing provided by the bill was involved. Other officials said the issue was not so clear-cut.

Human rights groups seem satisfied with the provision:

...the measure approved Tuesday drew no distinction between American citizens and foreign prisoners in forbidding cruel, unusual or inhuman treatment that is prohibited by the 5th, 8th and 14th amendments to the Constitution.

[Human Rights First Director Elisa]Massimino said the exemption cited by Mr. Gonzales was "a pretty big loophole, and this measure in Congress is a step toward herding the administration back toward the rule of law."