[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Enrolled Bill (ENR)]
S.1322
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To provide for the relocation of the United States Embassy in Israel to
Jerusalem, 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 ``Jerusalem Embassy Act of 1995''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Each sovereign nation, under international law and custom,
may designate its own capital.
(2) Since 1950, the city of Jerusalem has been the capital of
the State of Israel.
(3) The city of Jerusalem is the seat of Israel's President,
Parliament, and Supreme Court, and the site of numerous government
ministries and social and cultural institutions.
(4) The city of Jerusalem is the spiritual center of Judaism,
and is also considered a holy city by the members of other
religious faiths.
(5) From 1948-1967, Jerusalem was a divided city and Israeli
citizens of all faiths as well as Jewish citizens of all states
were denied access to holy sites in the area controlled by Jordan.
(6) In 1967, the city of Jerusalem was reunited during the
conflict known as the Six Day War.
(7) Since 1967, Jerusalem has been a united city administered
by Israel, and persons of all religious faiths have been guaranteed
full access to holy sites within the city.
(8) This year marks the 28th consecutive year that Jerusalem
has been administered as a unified city in which the rights of all
faiths have been respected and protected.
(9) In 1990, the Congress unanimously adopted Senate Concurrent
Resolution 106, which declares that the Congress ``strongly
believes that Jerusalem must remain an undivided city in which the
rights of every ethnic and religious group are protected''.
(10) In 1992, the United States Senate and House of
Representatives unanimously adopted Senate Concurrent Resolution
113 of the One Hundred Second Congress to commemorate the 25th
anniversary of the reunification of Jerusalem, and reaffirming
congressional sentiment that Jerusalem must remain an undivided
city.
(11) The September 13, 1993, Declaration of Principles on
Interim Self-Government Arrangements lays out a timetable for the
resolution of ``final status'' issues, including Jerusalem.
(12) The Agreement on the Gaza Strip and the Jericho Area was
signed May 4, 1994, beginning the five-year transitional period
laid out in the Declaration of Principles.
(13) In March of 1995, 93 members of the United States Senate
signed a letter to Secretary of State Warren Christopher
encouraging ``planning to begin now'' for relocation of the United
States Embassy to the city of Jerusalem.
(14) In June of 1993, 257 members of the United States House of
Representatives signed a letter to the Secretary of State Warren
Christopher stating that the relocation of the United States
Embassy to Jerusalem ``should take place no later than . . .
1999''.
(15) The United States maintains its embassy in the functioning
capital of every country except in the case of our democratic
friend and strategic ally, the State of Israel.
(16) The United States conducts official meetings and other
business in the city of Jerusalem in de facto recognition of its
status as the capital of Israel.
(17) In 1996, the State of Israel will celebrate the 3,000th
anniversary of the Jewish presence in Jerusalem since King David's
entry.
SEC. 3. TIMETABLE.
(a) Statement of the Policy of the United States.--
(1) Jerusalem should remain an undivided city in which the
rights of every ethnic and religious group are protected;
(2) Jerusalem should be recognized as the capital of the State
of Israel; and
(3) the United States Embassy in Israel should be established
in Jerusalem no later than May 31, 1999.
(b) Opening Determination.--Not more than 50 percent of the funds
appropriated to the Department of State for fiscal year 1999 for
``Acquisition and Maintenance of Buildings Abroad'' may be obligated
until the Secretary of State determines and reports to Congress that
the United States Embassy in Jerusalem has officially opened.
SEC. 4. FISCAL YEARS 1996 AND 1997 FUNDING.
(a) Fiscal Year 1996.--Of the funds authorized to be appropriated
for ``Acquisition and Maintenance of Buildings Abroad'' for the
Department of State in fiscal year 1996, not less than $25,000,000
should be made available until expended only for construction and other
costs associated with the establishment of the United States Embassy in
Israel in the capital of Jerusalem.
(b) Fiscal Year 1997.--Of the funds authorized to be appropriated
for ``Acquisition and Maintenance of Buildings Abroad'' for the
Department of State in fiscal year 1997, not less than $75,000,000
should be made available until expended only for construction and other
costs associated with the establishment of the United States Embassy in
Israel in the capital of Jerusalem.
SEC. 5. REPORT ON IMPLEMENTATION.
Not later than 30 days after the date of enactment of this Act, the
Secretary of State shall submit a report to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate
detailing the Department of State's plan to implement this Act. Such
report shall include--
(1) estimated dates of completion for each phase of the
establishment of the United States Embassy, including site
identification, land acquisition, architectural, engineering and
construction surveys, site preparation, and construction; and
(2) an estimate of the funding necessary to implement this Act,
including all costs associated with establishing the United States
Embassy in Israel in the capital of Jerusalem.
SEC. 6. SEMIANNUAL REPORTS.
At the time of the submission of the President's fiscal year 1997
budget request, and every six months thereafter, the Secre tary of
State shall report to the Speaker of the House of Representatives and
the Committee on Foreign Relations of the Senate on the progress made
toward opening the United States Embassy in Jerusalem.
SEC. 7. PRESIDENTIAL WAIVER.
(a) Waiver Authority.--(1) Beginning on October 1, 1998, the
President may suspend the limitation set forth in section 3(b) for a
period of six months if he determines and reports to Congress in
advance that such suspension is necessary to protect the national
security interests of the United States.
(2) The President may suspend such limitation for an additional six
month period at the end of any period during which the suspension is in
effect under this subsection if the President determines and reports to
Congress in advance of the additional suspension that the additional
suspension is necessary to protect the national security interests of
the United States.
(3) A report under paragraph (1) or (2) shall include--
(A) a statement of the interests affected by the limitation
that the President seeks to suspend; and
(B) a discussion of the manner in which the limitation affects
the interests.
(b) Applicability of Waiver to Availability of Funds.--If the
President exercises the authority set forth in subsection (a) in a
fiscal year, the limitation set forth in section 3(b) shall apply to
funds appropriated in the following fiscal year for the purpose set
forth in such section 3(b) except to the extent that the limitation is
suspended in such following fiscal year by reason of the exercise of
the authority in subsection (a).
SEC. 8. DEFINITION.
As used in this Act, the term ``United States Embassy'' means the
offices of the United States diplomatic mission and the residence of
the United States chief of mission.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.