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“(a) In General.—Before seeking an indictment of, or otherwise charging, an individual described in subsection (b) in a Federal court, the Attorney General shall consult with the Director of National Intelligence and the Secretary of Defense about—“(1) whether the more appropriate forum for prosecution would be a Federal court or a military commission; and “(2) whether the individual should be held in civilian custody or military custody pending prosecution. “(b) Applicability.—The consultation requirement in subsection (a) applies to—“(1) a person who is subject to the requirements of section 1022, in accordance with a determination made pursuant to subsection (a)(2) of such section; and “(2) any other person who is held in military detention outside of the United States pursuant to the authority affirmed by section 1021.”

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