U.S. citizens and lawful resident aliens are expressly excluded from section 1022 of the NDAA. The law applies only to a narrow category of foreign al Qaeda members who participate in planning or conducting attacks against the United States and are "captured in the course of hostilities." And although section 1021 of the statute does not exclude U.S. citizens, this provision does not change existing military detention authority. The law specifically states: "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."
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