[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.