[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 617 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. RES. 617
Providing for authority to initiate litigation for actions by the
President or other executive branch officials inconsistent with their
duties under the Constitution of the United States with respect to the
unlawful transfer of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.
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IN THE HOUSE OF REPRESENTATIVES
February 23, 2016
Mr. Duncan of South Carolina submitted the following resolution; which
was referred to the Committee on Rules, and in addition to the
Committee on House Administration, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
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RESOLUTION
Providing for authority to initiate litigation for actions by the
President or other executive branch officials inconsistent with their
duties under the Constitution of the United States with respect to the
unlawful transfer of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.
Resolved, That the Speaker is authorized to initiate or intervene
in one or more civil actions on behalf of the House of Representatives
in a Federal court of competent jurisdiction to seek any appropriate
relief regarding the failure of the President, the head of any
department or agency, or any other officer or employee of the executive
branch, to act in a manner consistent with that official's duties under
the Constitution and laws of the United States with respect to the
transfer of any individual detained at Guantanamo (as such term is
defined in section 1034(f)(2) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92)) in violation of section 1031,
1033, or 1034 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92) or of an appropriations Act. The phrase
``appropriate relief'' includes but is not limited to all forms of
equitable relief, including a declaratory judgment action to determine
the meaning of laws and whether they are being obeyed or disobeyed, and
a writ of mandamus, temporary restraining order, preliminary
injunction, permanent injunction, and such other relief as is necessary
to compel obedience to law.
Sec. 2. The Speaker shall notify the House of Representatives of a
decision to initiate or intervene in any civil action pursuant to this
resolution.
Sec. 3. (a) The Office of the General Counsel of the House of
Representatives, at the direction of the Speaker, shall represent the
House in any civil action initiated, or in which the House intervenes,
pursuant to this resolution, and may employ the services of outside
counsel and other experts for this purpose.
(b) The chair of the Committee on House Administration shall cause
to be printed in the Congressional Record a statement setting forth the
aggregate amounts expended by the Office of General Counsel on outside
counsel and other experts pursuant to subsection (a) on a quarterly
basis. Such statement shall be submitted for printing not more than 30
days after the expiration of each such period.
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