United States Sovereignty and Commercial Freedom Act

United States Sovereignty and Commercial Freedom Act

This bill declares that U.N. Security Council Resolution 2334 shall have no force or effect under U.S. law, and the United States shall not be bound by any provision of such resolution.

Resolution 2334 characterizes Israeli settlements in the West Bank and East Jerusalem as illegal and demands cessation of settlement activities.

Nothing in such resolution or in any subsequently adopted Security Council resolution relating to Israel may be used to establish or demonstrate the existence of a violation of U.S. law or an offence against the law of nations in U.S. courts, including by giving standing, a cause of action, or a source of damages.

Any reference to Israel in U.S. law, or in any treaty or other international agreement to which both the United States and Israel are parties, shall be interpreted to include any territory over which Israel exercises civil jurisdiction, including East Jerusalem, Areas "C" and "H2" of the West Bank, and the Golan Heights.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 263 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 263

To render United Nations Security Council Resolution 2334 null and void 
       as a matter of United States law, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2017

  Mr. Lamborn (for himself and Mr. Franks of Arizona) introduced the 
 following bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To render United Nations Security Council Resolution 2334 null and void 
       as a matter of United States law, 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 ``United States Sovereignty and 
Commercial Freedom Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure that United States sovereignty 
is of the utmost importance and to preserve commercial freedom in the 
United States, which is necessary for its national interests and 
security.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The statements about the legality of Israeli civilian 
        presence in the West Bank and East Jerusalem in paragraphs 1 
        through 4 of United Nations Security Council Resolution 2334 
        (2016) do not represent, and are contrary to, the policy of the 
        United States.
            (2) Such statements about the legality of Israeli civilian 
        presence in the West Bank and East Jerusalem, if applied to 
        United States citizens or to their rights to purchase property 
        and reside in these territories, violate United States 
        principles of civil rights and non-discrimination.
            (3) As a resolution passed pursuant to the authorities 
        provided in chapter 6 of the Charter of the United Nations, 
        United Nations Security Council Resolution 2334 has no legal 
        force or effect.
            (4) The policies expressed in United Nations Security 
        Council Resolution 2334 contradict the policies expressed in 
        United Nations Security Council Resolutions 242 (1967) and 338 
        (1973), as well as in numerous commitments made by the United 
        States (including the commitments endorsed in House Concurrent 
        Resolution 460, as adopted by the House of Representatives in 
        the 108th Congress).

SEC. 4. NO EFFECT OF UNITED NATIONS SECURITY COUNCIL RESOLUTION 2334 ON 
              UNITED STATES LAW.

    (a) In General.--United Nations Security Council Resolution 2334 
shall have no force or effect under United States law, and the United 
States shall not be bound by any provision of such Resolution, 
including the differentiation provision in paragraph 5 of such 
Resolution.
    (b) No Support in Legal Proceedings.--Nothing in United Nations 
Security Council Resolution 2334 or in any subsequently adopted United 
Nations Security Council Resolution relating to Israel may be used to 
establish or demonstrate the existence of a violation of United States 
law or an offence against the law of nations in United States courts, 
including by giving standing, a cause of action, or a source of damages 
as a matter of law.
    (c) Definition of Offence Against the Law of Nations.--As defined 
pursuant to the authority in article I, section 8, clause 10 of the 
Constitution, an ``offence against the law of nations'' shall not 
include any activity described in paragraphs 1 through 4 of United 
Security Council Resolution 2334.

SEC. 5. RULE OF CONSTRUCTION.

    Any reference to ``Israel'' in any United States law, or in any 
treaty or other international agreement to which both the United States 
and Israel are parties (including any binational program between the 
United States and Israel), shall be interpreted to include any 
territory over which Israel exercises civil jurisdiction, including 
East Jerusalem, Areas ``C'' and ``H2'' of the West Bank (as such areas 
are defined in the Oslo Accords and in subsequent agreements), and the 
Golan Heights.

SEC. 6. CONSTITUTIONAL AUTHORITY.

    This Act is enacted pursuant to the powers of Congress over foreign 
commerce, the defining of offenses against the law of nations, and 
regulation of the jurisdiction of the Federal courts in article I, 
section 8 of the Constitution. Nothing in this Act shall be construed 
as an act of recognition of territorial sovereignty, or of prejudging 
any future diplomatic negotiations between Israel and the Palestinian 
Authority.
            
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