Sec. 1031 part b says "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.
Sec. 1032 part b says "UNITED STATES CITIZENS.—The requirement to detain a person in military custody under this section does not extend to citizens of the United States."
SO, here's what the bill itself says:
Page 359
"Subtitle D—Detainee Matters
4 SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED
5 FORCES OF THE UNITED STATES TO DETAIN
6 COVERED PERSONS PURSUANT TO THE AU
7THORIZATION FOR USE OF MILITARY FORCE.
8 (a) IN GENERAL.—Congress affirms that the author
9ity of the President to use all necessary and appropriate
10 force pursuant to the Authorization for Use of Military
11 Force (Public Law 107–40) includes the authority for the
12 Armed Forces of the United States to detain covered per
13sons (as defined in subsection (b)) pending disposition
14 under the law of war.
15 (b) COVERED PERSONS.—A covered person under
16 this section is any person as follows:
17 (1) A person who planned, authorized, com18
mitted, or aided the terrorist attacks that occurred
19 on September 11, 2001, or harbored those respon
20sible for those attacks.
21 (2) A person who was a part of or substantially
22 supported al-Qaeda, the Taliban, or associated forces
23 that are engaged in hostilities against the United
24 States or its coalition partners, including any person
25 who has committed a belligerent act or has directly
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1 supported such hostilities in aid of such enemy
2 forces.
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3 SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
4 (a) CUSTODY PENDING DISPOSITION UNDER LAW OF
5 WAR.—
6 (1) IN GENERAL.—Except as provided in para
7graph (4), the Armed Forces of the United States
8 shall hold a person described in paragraph (2) who
9 is captured in the course of hostilities authorized by
10 the Authorization for Use of Military Force (Public
11 Law 107–40) in military custody pending disposition
12 under the law of war.
13 (2) COVERED PERSONS.—The requirement in
14 paragraph (1) shall apply to any person whose de
15tention is authorized under section 1031 who is de
16termined—
17 (A) to be a member of, or part of, al-
18 Qaeda or an associated force that acts in co
19ordination with or pursuant to the direction of
20 al-Qaeda; and
21 (

to have participated in the course of
22 planning or carrying out an attack or attempted
23 attack against the United States or its coalition
24 partners.
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1 (3) DISPOSITION UNDER LAW OF WAR.—For
2 purposes of this subsection, the disposition of a per
3son under the law of war has the meaning given in
4 section 1031(c), except that no transfer otherwise
5 described in paragraph (4) of that section shall be
6 made unless consistent with the requirements of sec
7tion 1033.
8 (4) WAIVER FOR NATIONAL SECURITY.—The
9 Secretary of Defense may, in consultation with the
10 Secretary of State and the Director of National In
11telligence, waive the requirement of paragraph (1) if
12 the Secretary submits to Congress a certification in
13 writing that such a waiver is in the national security
14 interests of the United States.
15 (b) APPLICABILITY TO UNITED STATES CITIZENS
16 AND LAWFUL RESIDENT ALIENS.—
17 (1) UNITED STATES CITIZENS.—The require
18ment to detain a person in military custody under
19 this section does not extend to citizens of the United
20 States.
21 (2) LAWFUL RESIDENT ALIENS.—The require
22ment to detain a person in military custody under
23 this section does not extend to a lawful resident
24 alien of the United States on the basis of conduct
25 taking place within the United States, except to the
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1 extent permitted by the Constitution of the United
2 States.
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