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.

Bill: 114-hres-617
Sponsor: full_name: Rep. Duncan, Jeff [R-SC-3]
Introduced: 2016-02-23
Policy area: Congress
Subjects: Caribbean area

Civil actions and liability

Congressional oversight

Congressional-executive branch relations

Constitution and constitutional amendments

Cuba

Detention of persons

Government information and archives

House of Representatives

Latin America

Legal fees and court costs

Military facilities and property

Presidents and presidential powers, Vice Presidents

Terrorism
Latest action: action_date: 2016-02-25
text: Sponsor introductory remarks on measure. (CR H943)

Summaries:
action_date: 2016-02-23
action_desc: Introduced in House
text: <p>Authorizes the Speaker of the House of Representatives to initiate or intervene in 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 executive branch officer or employee to act in a manner consistent with that official's duties under the Constitution and laws of the United States regarding the transfer of any individual detained at Guantanamo. </p> <p>Directs the Speaker to notify the House of a decision to initiate or intervene in any such civil action.</p> <p> States that the Office of the General Counsel of the House shall represent the House in any such civil action, and may employ outside counsel and other experts.</p> <p> Defines &quot;individual detained at Guantanamo&quot; as any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who: </p> <ul> <li> is not a U.S. citizen or a member of the Armed Forces; and </li> <li> is in the custody or under the control of the Department of Defense, or otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.</li> </ul>

tv_txt: IV 114th CONGRESS 2d Session H. RES. 617 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 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.

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. 2. The Speaker shall notify the House of Representatives of a decision to initiate or intervene in any civil action pursuant to this resolution. 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.