Section 1031 said:Subtitle D—Detainee Matters
4 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, com
mitted, 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. (What are "associate forces?" What are "hostilities?" And although it's structured to seem like it fits with the rest, down to the point of being in the same sentence, the 'belligerent act' clause is a stand-alone concept. They can now legally detain anyone they deem 'belligerent.' think about it; otherwise it's unnecessarily specific. What does it matter if you're committing 'belligerent acts' if you're already 'part of or substantially supported al-Qaeda, the Taliban, or these mysterious 'associated forces?' That's the coup, in one single sentence.
(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: (Any, but not all. They get to pick and choose whatever they want, case by case.)
(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 (This is a nonbinding statement that is a shoddy attempt at covering their asses. It doesn't matter what it intends to do, it matters what it does.(e) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—
The Secretary of Defense shall regularly brief Congress (No set interval? 'Regularly brief' can be legally interpreted to mean any extent of time at all. 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). (Foundation upon which to expand the umbrella in the future.)
http://www.gpo.gov/fdsys/pkg/BILLS-112s1867pcs/pdf/BILLS-112s1867pcs.pdf