Sec. 107. Judicial review
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The War Powers Resolution ( 50 U.S.C. 1541 et seq. ), as amended by this Act, is further amended by inserting after section 6 the following: If an officer or employee of the executive branch, including the President and an officer or employee of the Executive Officer of the President, fails to comply with a provision of this joint resolution, upon the adoption of a resolution described in subsection (b), the House of Representatives or the Senate may bring an action in the name of the House of Representatives or the Senate (as the case may be) for such relief as may be appropriate, including declaratory judgment and any form of ancillary relief, including injunctive relief.
An action brought under this section shall be brought— in the case of an action brought by the House of Representatives, by the Office of the General Counsel of the House of Representatives or such successor office to such Office as the House may designate; or in the case of an action brought by the Senate, by the Office of the Senate Legal Counsel or such successor office to such Office as the Senate may designate. A resolution described in this subsection is a resolution described as follows:
The resolution does not have a preamble. The title is as follows: Authorizing an action under section 7 of the War Powers Resolution. . The matter after the resolving clause is as follows: That the ________ is authorized and directed to bring an action under section 7 of the War Powers Resolution to obtain relief from the failure of ________ to comply with _______ of the War Powers Resolution. , with the first blank space filled in with the identification of the office responsible for bringing an action under this section for the House of Congress involved, the second blank space filled in with the name and position of the officer or employee of the executive branch who has failed to comply with a provision of this Act, and the third blank space filled in with the provision of this joint resolution with which such officer or employee failed to comply.
The expedited procedures described in section 5 shall apply with respect to a resolution described in this subsection. For purposes of this section, the failure of an officer or employee of the executive branch, including the President and an officer or employee of the Executive Officer of the President, to provide any information to Congress as required by this joint resolution shall be treated as the failure of such officer or employee to comply with this joint resolution. The following rules shall apply with respect to any action brought by the House of Representatives or Senate pursuant to the authority of this section:
The action shall be filed in the United States District Court for the District of Columbia, and shall be heard not later than 30 days after the action is filed by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives (in the case of an action brought by the House) and the Secretary of the Senate (in the case of an action brought by the Senate). A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. Nothing in this section may be construed to affect the treatment of the failure of an officer or employee of the executive branch, including the President and an officer or employee of the Executive Officer of the President, to comply with a provision of this joint resolution as a legal wrong because of agency action for purposes of obtaining judicial review under section 702 of title 5, United States Code. .
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U.S. Code