Information Regarding the National Defense Authorization Act

Some have been concerned that the bill allows the military to detain US citizens (as opposed to enemy combatants). To address this, the below amendments were added on page 265 and 266. The pertinent language is below but to read the entire bill, click here. Some who are concerned are looking at an earlier, non amended version of  the bill. Again, if you look on these pages of the bill which was signed into law, you see this:

Page 265

SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO 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.

Page 266

(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.

Furthermore, the House Armed Services Committee has released the following information:

Updated: NDAA Conference Report

Summary of Detainee Provisions