[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4181 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4181

  To require the expenditure of funds for the construction of United 
States chancery facilities in Berlin and Jerusalem in such a manner as 
  to ensure comparable rates of construction and occupation of the 2 
                              facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 1998

Mr. Sherman (for himself, Mr. Saxton, Mr. Salmon, Mrs. McCarthy of New 
    York, Mr. Pallone, Mr. McNulty, Ms. Ros-Lehtinen, Mr. Watts of 
 Oklahoma, Mr. LoBiondo, Mr. Pappas, Mr. English of Pennsylvania, Mr. 
   Forbes, Mr. Hayworth, Mr. Ryun, Mr. Calvert, and Mr. Snowbarger) 
 introduced the following bill; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                                 A BILL


 
  To require the expenditure of funds for the construction of United 
States chancery facilities in Berlin and Jerusalem in such a manner as 
  to ensure comparable rates of construction and occupation of the 2 
                              facilities.

    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 and Berlin Embassy 
Relocation Act of 1998''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Berlin was Germany's capital from 1871 through the end 
        of World War II. At the end of the war, the city was divided 
        into 4 sectors: American, British, French, and Soviet. 
        Eventually, the Soviet sector became communist East Berlin and 
        the other sectors combined to form West Berlin.
            (2) The Berlin Wall was built in 1961 by the East German 
        authorities to prevent East Germans from fleeing to the West. 
        The Wall encircled all of West Berlin, leaving West Berlin as 
        an isolated outpost of the democratic Federal Republic 
        surrounded by communist East Germany. The Wall became a symbol 
        of the cold war and more than 100 East Germans were killed 
        trying to escape.
            (3) On October 3, 1990, the German Democratic Republic 
        officially acceded to the Federal Republic of Germany in 
        accordance with Article 23 of the Basic Law. Thus, German 
        unification was achieved after 40 years of division following 
        the Second World War.
            (4) On November 9, 1989, the Berlin Wall fell and Berliners 
        were once again able to move throughout the city. On October 3, 
        1990, Berlin once more became the capital of a unified Germany 
        and on June 20, 1991, the German Bundestag voted to return the 
        seat of government and the parliament to Berlin.
            (5) The first constitutional body to relocate to Berlin was 
        the Federal President in 1994. The Bundestag and Chancellery 
        intend to more to Berlin in 1999.
            (6) Shortly after unification, the United States Embassy to 
        East Germany and the United States Mission in West Berlin 
        merged to form the Berlin Office of the United States Embassy 
        in Bonn.
            (7) After the German decision in June 1991 to return the 
        capital to its historic site in Berlin, then United States 
        Ambassador Kimmitt announced plans in 1992 to rebuild an 
        embassy in Berlin on the United States site at Pariser Platz.
            (8) The State Department maintains that reestablishing the 
        United States Embassy in the center of Berlin will send a 
        signal of American commitment and influence not only to Germany 
        but to all of Europe.
            (9) On May 14, 1948, in the aftermath of World War II, the 
        state of Israel was created to serve as a homeland and refuge 
        for the Jewish people.
            (10) For 3,000 years Jerusalem has been Judaism's holiest 
        city and a focal point of religious Jewish devotion and is also 
        considered a holy city by members of other religious faiths.
            (11) There has been an uninterrupted Jewish presence in the 
        city of Jerusalem for 3,000 years and a Jewish majority since 
        1840. Since 1950, the city of Jerusalem has been the capital of 
        the State of Israel, serving as the seat of the Israeli 
        President, Parliament, and Supreme Court, and the site of 
        numerous government ministries and social and cultural 
        institutions.
            (12) From 1948 through 1967, Jerusalem was a divided city 
        and Israeli citizens of all faiths were not entitled to visit 
        the holy sites and Jews from other nations were restricted in 
        their access to holy sites in the area controlled by Jordan.
            (13) In 1967, the city of Jerusalem was reunited during the 
        conflict known as the Six Day War and since 1967, Jerusalem has 
        been a unified city administered by Israel, and persons of all 
        faiths have been guaranteed full access to holy sites within 
        the city.
            (14) In 1990, Congress unanimously adopted Senate 
        Concurrent Resolution 106, which declares that Congress 
        ``strongly believes that Jerusalem must remain an undivided 
        city in which the rights of every ethnic religious group are 
        protected.''.
            (15) In 1995, Congress overwhelmingly approved the 
        Jerusalem Embassy Relocation Act (Public Law 104-45) which 
        requires the establishment of the United States Embassy in 
        Jerusalem no later than May 31, 1999.
            (16) The United States maintains its embassy in the 
        functioning capital of every country except in the case of our 
        democratic friend and ally, the State of Israel.
            (17) 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.
            (18) Israel and the modern democratic Germany were born out 
        of the ashes of World War II and have emerged as staunch allies 
        of the United States. Both nations are vitally important as 
        partners in United States economic, security, and cultural 
        exchanges.
            (19) Berlin and Jerusalem are cities with rich histories, 
        emblematic of the great nations which they represent. Both 
        cities have been divided by war and ideological differences; 
        today, both cities have been reunited and proudly serve as 
        their nation's capital.

SEC. 3. STATEMENT OF THE POLICY.

    It is the sense of Congress that the United States should proceed 
simultaneously with the design, construction, and occupancy of an 
embassy in Berlin, the capital of Germany, and in Jerusalem, the 
capital of Israel.

SEC. 4. EXPENDITURE OF FUNDS.

    Notwithstanding any other provision of law, funds available to the 
Department of State for fiscal years 1999 and 2000 under the 
appropriations account entitled, ``SECURITY AND MAINTENANCE OF UNITED 
STATES MISSIONS'' may not be obligated or expended for any purpose 
relating to the construction of chancery facilities in Berlin, Germany, 
unless construction of chancery facilities in Jerusalem, Israel, has 
either commenced or commences simultaneously in a manner as to ensure 
comparable rates of construction and completion of the 2 facilities and 
that no chancery facilities in Berlin, Germany, shall be occupied or 
used (and no funds shall be used to occupy employ, or carry out 
activities in chancery facilities in Berlin, Germany) unless prior to 
or simultaneous with such occupancy and use, the United States shall 
have opened permanent or temporary chancery facilities in Jerusalem, 
Israel.

SEC. 5. DEFINITION.

    As used in this Act, the term ``chancery facilities'' means the 
principal offices of the United States embassy and diplomatic mission.
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