Section 1 Short title
This Act may be cited as the “Sixth Amendment Preservation Act”.
Sixth Amendment Preservation Act
A BILL
To prohibit the indefinite detention of persons by the United States, and for other purposes.
Sec. 2 Prohibition on the indefinite detention of persons by the United States
by striking subsection (a) and inserting the following:
“(a) No person shall be imprisoned or otherwise detained by the United States except consistent with the Constitution.”
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following:
“(b)
“(1) A general authorization to use military force, a declaration of war, or any similar authority, on its own, shall not be construed to authorize the imprisonment or detention without charge or trial of a person apprehended in the United States.
“(2) Paragraph (1) applies to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of the Sixth Amendment Preservation Act.
“(3) This section shall not be construed to authorize the imprisonment or detention of any person who is apprehended in the United States.”
Repeal of authority of the Armed Forces of the United States To detain covered persons pursuant to the authorization for use of military force— Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 801 note) is repealed.