[Congressional Record Volume 141, Number 164 (Monday, October 23, 1995)]
[Senate]
[Pages S15487-S15488]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        JERUSALEM EMBASSY RELOCATION IMPLEMENTATION ACT OF 1995

  The Senate continued with the consideration of the bill.
  Mr. PELL. Mr. President, on the question of the American Embassy in 
Jerusalem, I suggest that most of us here believe the same thing, that 
Jerusalem is the capital of Israel and that our Embassy belongs there 
one day. Where some of us disagree, however, is whether or not the 
President has the right to decide when. I do not think the Congress has 
the right or the obligation or the responsibility to micromanage the 
decision. We all agree it should move. How it should move and when it 
should move, that I really think should be left to our President.
  All Americans are aware, too, of the respect and deeply seated, 
emotional attachment that Israelis--indeed all Jews--have for 
Jerusalem. I would add the same emotions and attachments apply to 
Moslems and Christians, and I think all of us appreciate the care and 
effort that Israel has made to make Jerusalem accessible to adherents 
of all faiths. For these reasons, I find it difficult to fathom a final 
settlement for the Middle East that does not declare, once and for all, 
that Jerusalem is, and shall forever remain, Israel's undivided 
capital.
  The administration has suggested that by adopting this legislation, 
Congress would be prejudging the outcome of the Israeli-Palestinian 
talks, and in doing this, we might undermine our own traditional place 
as the honest broker and cast the peace process into disarray.
  Mr. President, I believe we must take due acknowledgement of the 
administration's strong and forceful views about this bill. When 
officials from the administration suggest, as they have in recent days, 
that adopting this legislation could interrupt--or indeed kill--the 
peace process, I think we must take those suggestions seriously. When 
the same officials predict that adopting this legislation could lead to 
an explosion of passions in the West Bank and Gaza, we cannot take 
those predictions lightly. When these officials say that passing the 
bill could mean that people, whether they are Israelis, Palestinians, 
Jordanians, or U.S. diplomats, could lose their lives, we have a solemn 
obligation to be absolutely sure of what we do.
  I am not convinced that the arguments, both pro and con, have been 
given a chance to be aired properly. The Senate is on the verge of 
making an extraordinary decision without even having had the benefit of 
one hearing on the Senate side, at least, devoted to the issue.
  Against all these concerns, most of which I share, we must balance 
some fundamental truths. First among these is the fact that Israel is 
the only country in the world where the United States does not have its 
Embassy in the functioning capital. With the Israeli Government based 
in Jerusalem, having our Embassy in Tel Aviv has made it difficult to 
maintain our official contacts with the Israeli Government. Frankly, it 
has also stigmatized, indeed cheapened, our relationship with Israel. 
Moving our Embassy will at least settle once and for all what many of 
us know to be true--that Jerusalem is truly the capital of Israel.
  Second, by requiring the President to move our Embassy, the United 
States will once and for all dispel whatever unrealistic hopes remain 
that Jerusalem will somehow become the capital of a Palestinian State.
  Finally, no one, including the Palestinians, can really contest 
Israeli sovereignty over West Jerusalem. If this bill passes and is 
implemented, our Embassy would clearly be moved there, not to East 
Jerusalem.
  I acknowledge, Mr. President, that I opposed this bill when it was 
introduced in an earlier form. Since then, it has been reintroduced 
with a significant change in text which has given a more flexible 
approach than existed 

[[Page S 15488]]
earlier. I still believe more is needed, and for that reason, I tend to 
support amending it to address some of President Clintons additional 
concerns. If we moderate this bill sufficiently, then I am hopeful that 
we can arrive at a version the President could sign and implement. If 
we do not, then there is the risk that the President might feel forced 
to veto it.
  I do believe in my heart, however, that Jerusalem is truly and 
rightfully the capital of Israel. Once that premise is accepted, there 
can be no other choice but to move our Embassy there, whether it be now 
or in the near future. I therefore hope we can arrive at more flexible, 
consensus-based language that will enable everyone--the Senate, the 
administration, the Jewish-American community, the American people at 
large--to support this bill.
  To repeat, the important thing here is that eventually it be moved, 
but specifying the day, the hour, the minute, or the week or the month 
even is not up to Congress, it is up to the Executive to make that 
decision.
  I yield the floor.
  Mr. SMITH addressed the Chair.
  The PRESIDING OFFICER (Mr. Grams). The Senator from New Hampshire.
  Mr. SMITH. Mr. President, I rise in very strong support of the 
resolution before us to provide for the relocation of the United States 
Embassy in Israel to Jerusalem where it rightfully belongs and has 
belonged. This is something that I feel very strongly about and of 
which I am proud to be an original cosponsor when it was introduced by 
the distinguished majority leader, Senator Dole.
  As Congress and the executive branch grapple with the various issues 
of national policy, oftentimes we tend to overlook what is most 
compelling and what is most fundamental in terms of right and wrong. 
Despite the best of intentions, the best of motives, by all parties on 
both sides, occasionally we seem to lose sight of the forest for the 
trees. When this happens, we owe it to ourselves, as a legislative 
body, but also to our constituents and, frankly, to the very issue of 
morality itself, to make amends, to do the right thing, to remedy a 
wrong. Today, with this legislation, we have that historic opportunity; 
that is, recognizing, by putting our Embassy there, that Jerusalem is 
the rightful capital of the State of Israel.
  Mr. President, Jerusalem is the eternal capital of the State of 
Israel. It has been and, in my opinion, forever will be a shining 
symbol of faith, of inspiration and tradition, not only to the Jewish 
people but Christians and Moslems as well. No other place on Earth 
holds such a unique and rich history as this holiest of holy cities, 
and no other place in all the world can reasonably be considered the 
capital of Israel.
  I think, in the legislation before us, we see in our findings a 
sampling of many of the reasons, which are really quite obvious. But to 
recite a few of them, and I know they have been stated before, I do not 
think it hurts to reinforce the importance of these findings:
  No. 1, that each sovereign nation under international law and custom 
has the right to designate its own capital. Israel has done that. Since 
1950, the city of Jerusalem has been the capital of the State of 
Israel. The city of Jerusalem is the seat of Israel's President, 
Parliament, supreme court, and the site of numerous Government 
ministries and social and cultural institutions.
  Jerusalem is the spiritual center of Judaism. It is also considered a 
holy city by the members of other religious faiths as well.
  Historically, from 1948 through 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. But in 1967, the city of Jerusalem was reunited during the 
conflict known as the Six Day War.
  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 that city by Israel.
  In March 1995, 93 Members of the U.S. Senate signed a letter to 
Secretary of State Warren Christopher encouraging planning to begin now 
for relocation of the U.S. Embassy in the city of Jerusalem. Well, now 
is the time, Mr. President, to make that happen. The United States 
maintains its Embassy in the functioning capital of every country, 
except in the case of this, one of our most loyal allies and strategic 
allies, the State of Israel.
  In 1996, the State of Israel will celebrate the 3,000th anniversary 
of the Jewish presence in Jerusalem since King David's entry. I think 
the facts, Mr. President, in this bill speak for themselves, and I 
certainly commend its authors--especially Senator Dole--for pointing 
out those facts. But it is troubling that the U.S. policy with respect 
to the status of Jerusalem has been less then clear.
  Reasonable people can disagree on the best means to achieve peace in 
the Middle East, but that is another issue. That is not the same issue, 
Mr. President. On the question of Jerusalem, there is only one 
inescapable conclusion: It is now, has been in the past, and forever 
will be and should be the capital of Israel. That is the plain and 
simply truth.
  The United States maintains diplomatic relations with over 180 
nations and, of these, as indicated in the findings of the bill, Israel 
is the only nation in which our Embassy is not located in the 
functioning capital. We say Tel Aviv, but we do not have the right to 
say Tel Aviv. Israel has the right to choose its capital; it has done 
so, and we should honor that. How do we justify anything else? How do 
we explain this to our friends in Israel, who have endured such 
hardship and remained true to the principles of democracy throughout 
the years? The answer is that there is no justification for not doing 
it. This is a terrible oversight, and it should be corrected.
  The legislation offered by the majority leader does correct this 
wrong. It initiates the long overdue process of moving the U.S. Embassy 
to Jerusalem but more importantly, Mr. President, moving it to 
Jerusalem by a date certain--May 31, 1999.
  I understand that the administration, unfortunately, opposes this 
legislation. I do not think their arguments have much merit--they do 
not have any merit, and they lose sight of the real issue. This is not 
about executive-legislative turf battles, Mr. President. It is about 
what is right and wrong. It is about the right of a sovereign nation to 
choose its capital and to have the United States and other countries of 
the world honor that by putting their embassies in that capital. It is 
about precedent, it is about history, it is about culture and 
recognition, and it is about changing a misguided policy. I say to my 
friends in the administration, correcting such an injustice and doing 
what is right is more important than perpetrating some inside-the-
beltway turf war between the Congress and the executive branch. This is 
much bigger than that; it is much more important than that.
  Jerusalem is the capital of Israel. The U.S. Embassy belongs in 
Jerusalem. I urge the adoption of this legislation.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. GREGG. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. I ask unanimous consent to proceed in morning business for 
up to 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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