National Defense Authorization Act – Section 1031, (c) Authorities. Sec 1031.
AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR THE 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. Transcript of House Debate on the NDAA. You can read the detention-specific portions of the December 14th House debate on the conference report here.
Here are some highlights: Congressman Alcee Hastings (D-FL) presented a strident opposition to the provisions. His comments begin right on page 1: WE RUN THIS (V2.0) - Anonymous. US Congress to vote on indefinite detention - Features. While it's known that the US has used indefinite detention of suspects in its "war on terror", Congress has voted to make the same treatment legal for US citizens apprehended within the US.
The House of Representatives passed the 2012 National Defence Authorisation Act (or NDAA) on Wednesday and Senate approved it (86 to 13) on Thursday. But the Senate had already passed one version of the bill on December 1, with 93 votes in favour of and seven against - a remarkable margin. The NDAA, which includes the 2012 $662bn military budget and more. But civil liberties advocates are concerned over a section in the legislation that deals with the detention of civilians by the military.