G:\M\15\LAMBOR\LAMBOR_002.XML ..................................................................... (Original Signature of Member) 115TH CONGRESS 1ST SESSION H. R. ll 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 Mr. LAMBORN introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To render United Nations Security Council Resolution 2334 null and void as a matter of United States law, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Sov- 5 ereignty and Commercial Freedom Act''. 6 7 SEC. 2. PURPOSE. The purpose of this Act is to ensure that United 8 States sovereignty is of the utmost importance and to preG:\VHLC\010417\010417.281.xml January 4, 2017 (4:34 p.m.) VerDate 0ct 09 2002 16:34 Jan 04, 2017 Jkt 000000 (646187|7) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\KPARTH~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\LAMBOR~1.X G:\M\15\LAMBOR\LAMBOR_002.XML 2 1 serve commercial freedom in the United States, which is 2 necessary for its national interests and security. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 G:\VHLC\010417\010417.281.xml January 4, 2017 (4:34 p.m.) VerDate 0ct 09 2002 16:34 Jan 04, 2017 Jkt 000000 (646187|7) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\KPARTH~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\LAMBOR~1.X G:\M\15\LAMBOR\LAMBOR_002.XML 3 1 2 3 4 5 6 7 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 8 Resolution 2334 shall have no force or effect under United 9 States law, and the United States shall not be bound by 10 any provision of such Resolution, including the differentia11 tion provision in paragraph 5 of such Resolution. 12 (b) NO SUPPORT IN LEGAL PROCEEDINGS.--Nothing 13 in United Nations Security Council Resolution 2334 or in 14 any subsequently adopted United Nations Security Coun15 cil Resolution relating to Israel may be used to establish 16 or demonstrate the existence of a violation of United 17 States law or an offence against the law of nations in 18 United States courts, including by giving standing, a 19 cause of action, or a source of damages as a matter of 20 law. 21 (c) DEFINITION OF OFFENCE AGAINST THE LAW OF 22 NATIONS.--As defined pursuant to the authority in article 23 I, section 8, clause 10 of the Constitution, an ``offence 24 against the law of nations'' shall not include any activity G:\VHLC\010417\010417.281.xml January 4, 2017 (4:34 p.m.) VerDate 0ct 09 2002 16:34 Jan 04, 2017 Jkt 000000 (646187|7) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\KPARTH~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\LAMBOR~1.X G:\M\15\LAMBOR\LAMBOR_002.XML 4 1 described in paragraphs 1 through 4 of United Security 2 Council Resolution 2334. 3 4 SEC. 5. RULE OF CONSTRUCTION. Any reference to ``Israel'' in any United States law, 5 or in any treaty or other international agreement to which 6 both the United States and Israel are parties (including 7 any binational program between the United States and 8 Israel), shall be interpreted to include any territory over 9 which Israel exercises civil jurisdiction, including East Je10 rusalem, Areas ``C'' and ``H2'' of the West Bank (as such 11 areas are defined in the Oslo Accords and in subsequent 12 agreements), and the Golan Heights. 13 14 SEC. 6. CONSTITUTIONAL AUTHORITY. This Act is enacted pursuant to the powers of Con- 15 gress over foreign commerce, the defining of offenses 16 against the law of nations, and regulation the jurisdiction 17 of the federal courts in article I, section 8 of the Constitu18 tion. Nothing in this Act shall be construed as an act of 19 recognition of territorial sovereignty, or of prejudging any 20 future diplomatic negotiations between Israel and the Pal21 estinian Authority. G:\VHLC\010417\010417.281.xml January 4, 2017 (4:34 p.m.) VerDate 0ct 09 2002 16:34 Jan 04, 2017 Jkt 000000 (646187|7) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\KPARTH~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\LAMBOR~1.X