[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                S. 1322

_______________________________________________________________________

                                 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 Secretary 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.

            Passed the Senate October 24, 1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                S. 1322

_______________________________________________________________________

                                 AN ACT

To provide for the relocation of the United States Embassy in Israel to 
                  Jerusalem, and for other purposes.