SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE
AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General.—Congress affirms that the authority of the
President to use all necessary and appropriate force pursuant to the
Authorization for Use of Military Force (Public Law 107-40) includes
the authority for the Armed Forces of the United States to detain
covered persons (as defined in subsection (b)) pending disposition
under the law of war.
(b) Covered Persons.—A covered person under this section is any
person as follows:
(1) A person who planned, authorized, committed, or aided
the terrorist attacks that occurred on September 11, 2001, or
harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported
al-Qaeda, the Taliban, or associated forces that are engaged in
hostilities against the United States or its coalition
partners, including any person who has committed a belligerent
act or has directly supported such hostilities in aid of such
enemy forces.
(c) Disposition Under Law of War.—The disposition of a person
under the law of war as described in subsection (a) may include the
following:
(1) Detention under the law of war without trial until the
end of the hostilities authorized by the Authorization for Use
of Military Force.
(2) Trial under chapter 47A of title 10, United States Code
(as amended by the Military Commissions Act of 2009 (title
XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent
tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s
country of origin, any other foreign country, or any other
foreign entity.
(d) Construction.—Nothing in this section is intended to limit or
expand the authority of the President or the scope of the Authorization
for Use of Military Force.
(e) Authorities.—Nothing in this section shall be construed to
affect existing law or authorities, relating to the detention of United
States citizens, lawful resident aliens of the United States or any
other persons who are captured or arrested in the United States.
(f) Requirement for Briefings of Congress.—The Secretary of
Defense shall regularly brief Congress regarding the application of the
authority described in this section, including the organizations,
entities, and individuals considered to be “covered persons” for
purposes of subsection (b)(2).

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

(a) Custody Pending Disposition Under Law of War.—
(1) In general.—Except as provided in paragraph (4), the
Armed Forces of the United States shall hold a person described
in paragraph (2) who is captured in the course of hostilities
authorized by the Authorization for Use of Military Force
(Public Law 107-40) in military custody pending disposition
under the law of war.
(2) Covered persons.—The requirement in paragraph (1)
shall apply to any person whose detention is authorized under
section 1031 who is determined—
(A) to be a member of, or part of, al-Qaeda or an
associated force that acts in coordination with or
pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning
or carrying out an attack or attempted attack against
the United States or its coalition partners…

….(b) Applicability to United States Citizens and Lawful Resident
Aliens.—
(1)United states citizens.—The requirement to detain a
person in military custody under this section does not extend
to citizens of the United States.
(2) Lawful resident aliens.—The requirement to detain a
person in military custody under this section does not extend
to a lawful resident alien of the United States on the basis of
conduct taking place within the United States, except to the
extent permitted by the Constitution of the United States.