[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Referred in House (RFH)]
104th CONGRESS
1st Session
S. 1322
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 1995
Referred to the Committee on the Judiciary
_______________________________________________________________________
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:
KELLY D. JOHNSTON.
Secretary.