application of section 1031 to American Citizens was in the bill that we originally approved in the Armed Services Committee and the Administration asked us to remove the language which says that U.S. citizens and lawful residents would not be subject to this section". The Senator refers to section 1021 as "1031" because it was section 1031 at the time of his speaking. Requirement for military custody: Section 1022 All persons arrested and detained according to the provisions of section 1021, including those detained on U.S. soil, whether detained indefinitely or not, are required to be held by the United States Armed Forces. The law affords the option to have U.S. citizens detained by the armed forces but this requirement does not extend to them, as with foreign persons. Lawful resident aliens may or may not be required to be detained by the Armed Forces, "on the basis of conduct taking place within the United States". During debate on the senate floor, Levin stated that "Administration officials reviewed the draft language for this provision and recommended additional changes. We were able to accommodate those recommendations, except for the Administration request that the provision apply only to detainees captured overseas and there's a good reason for that. Even here, the difference is modest, because the provision already excludes all U.S. citizens. It also excludes lawful residents of United States, except to extent permitted by the constitution. The only covered persons left are those who are illegally in this country or on a tourist visa or other short-term basis. Contrary to some press statements, the detainee provisions in our bill do not include new authority for the permanent detention of suspected terrorists. Rather, the bill uses language provided by the Administration to codify existing authority that has been upheld in federal courts". A Presidential Policy Directive entitled "Requirements of the National Defense Authorization Act" regarding the procedures for implementing §1022 of the NDAA was issued on February 28, 2012, by the White House. The directive consists of eleven pages of specific implementation procedures including defining scope and limitations. Judge Kathrine B. Forrest wrote in Hedges v. Obama: "That directive provides specific guidance as to the 'Scope of Procedures and Standard for Covered Persons Determinations.' Specifically, it states that 'covered persons' applies only to a person who is not a citizen of the United States and who is a member or part of