Title: Sixth Amendment Preservation Act
Policy area: Crime and Law Enforcement

Summary:
Sixth Amendment Preservation Act
This bill amends the federal criminal code to limit the detention authority of the United States.
Current law prohibits the indefinite detention of a U.S. citizen by the United States unless it is authorized by an act of Congress. This bill prohibits the indefinite detention of any person by the United States unless it is consistent with the Constitution.
Additionally, it specifies that a general authorization to use military force or similar measure, on its own, does not authorize the indefinite detention of a person who is arrested in the United States.
Finally, the bill amends the National Defense Authorization Act for Fiscal Year 2012 to repeal a provision that affirms the authority of the Armed Forces to detain individuals captured in connection with hostilities pursuant to the Authorization for Use of Military Force pending the end of hostilities.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1300 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1300

 To prohibit the indefinite detention of persons by the United States, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2017

   Mr. Paul introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To prohibit the indefinite detention of persons by the United States, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sixth Amendment Preservation Act''.

SEC. 2. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS BY THE 
              UNITED STATES.

    (a) Limitation on Detention.--Section 4001 of title 18, United 
States Code, is amended--
            (1) 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.'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) 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.''.
    (b) 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.
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