Middle East Historical Documents -JERUSALEM EMBASSY ACT OF 1995 and Presidential Waiver (original) (raw)
Introduction
Under the UN Partition Plan of 1947 (UN Security Council Resolution 181), the Jerusalem area was to be administered under international sovereignty. This provision was not honored by either the Arabs or the Israelis. Jordan conquered East Jerusalem in May of 1948, and expelled the Jewish community that had lived in the Jewish quarter for hundreds of years.
Israel took steps to establish West Jerusalem as its official capital, erecting the Knesset and other government buildings there, but until 1967, most government business was transacted in Tel Aviv. Following the conquest of Jerusalem by Israel in the 6 day war, Israel declared officially annexed the eastern part of the city, and requested recognition for Jerusalem as the capital city. Most governments continue to maintain their embassies in Tel Aviv, in deference to Arab claims over Jerusalem. Hostile Arab governments refer to "the Tel-Aviv government."
The USA has maintained its embassy in Tel Aviv and has not recognized any part of Jerusalem as a part of the Israel. For example, Americans who are born anywhere in Jerusalem cannot register their country of birth as Israel. US Jewish groups and Christian sympathizers have lobbied the government to change this policy, resulting in two acts of congress that have had no practical effect. President Bush maintains that these acts are advisory only, inasmuch as the executive branch, and not congress, determines policy. The first act of Congress, enacted in 1995, called for removal of the Embassy in Tel-Aviv to Jerusalem, an act that would be tantamount to US recognition of Jerusalem as the capital of Israel.
The bill notes that every country designates its own capital, and that Israel has so designated Jerusalem, the spiritual center of Judaism. It states that since the reunification of Jerusalem in 1967, religious freedom has been guaranteed to all. It recalls several previous Congressional resolutions calling for the city to remain united. In particular, this bill includes specific wording that seems to deny any Arab claims in Jerusalem, so that recognition of any part of Jerusalem as part of Israel or as the Israeli capital, would constitute recognition of Israeli annexation:
(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.
The Act then states what will be, according to it, the official policy of the United States toward Jerusalem: that it should remain a united city in which the rights of every ethnic and religious group are protected; that it should be recognized as the capital of the State of Israel; and that the U.S. Embassy should be established there no later than May 31, 1999. Since congress does not make foreign policy but does allocate funds, the Act stipulates that fifty percent of the money used to acquire and maintain official US buildings abroad—embassies, for example—may not be spent in fiscal year 1999, if the Embassy has not been opened in Jerusalem by May 31, 1999. It requires the Secretary of State to report every six months on the progress made toward opening the U.S. Embassy in Jerusalem.
According the act, the President may waive the fifty percent spending restriction on U.S. buildings abroad beginning in October 1998 for six month periods, and then only if he determines and reports to Congress that such a suspension is necessary to protect the national security interests of the United States and details how such interests would be affected.
In practice, Presidents Clinton and Bush ignored the act, and issued waivers every 6 months, like the one that is appended below.
In 2002, with congressional elections in the offing, congress included a section in H.R.1646 the Foreign Relations Authorization act of 2002, that would again force the US to recognize Jerusalem as the capital of Israel and move the embassy there.
Ami Isseroff
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JERUSALEM EMBASSY ACT OF 1995
US SENATE BILL "S. 1332".
Public Law 104-45 104th Congress 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. (1-17)
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 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 member 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 that 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) (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 1997, 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.
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 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 limitations 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 limitations for an additional six month period at the end of any period during which the suspension is in effect under this subsections 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 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.
{Note by the Office of the Federal Register: The foregoing Act, having been presented to the President of the United States on Thursday, October 26, 1995, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become law without his signature on November 8, 1995.}
Waivers
Every six months, US presidents have routinely issued the required waiver statement to deprive the above bill of any practical impact. Below is a sample waiver.
12 June 2001 Text: Bush Suspends Jerusalem Embassy Act Another Six Months (Bush says suspension necessary for U.S. national interest)
Acting on his authority under the 1995 Jerusalem Embassy Act, President Bush on June 11 suspended for six months the process of moving the U.S. embassy in Israel to Jerusalem. The new waiver takes effect on June 15, the date he was required by law to act on the matter. In a memorandum to the Secretary of State, released by the White House June 11, the president said he has determined that the suspension was "necessary to protect the national security interests of the United States," but added, "my Administration remains committed to beginning the process of moving our embassy to Jerusalem."
Following is the text of the memorandum:
(begin text)
THE WHITE HOUSE Office of the Press Secretary
June 11, 2001
Presidential Determination No. 2001-19
MEMORANDUM FOR THE SECRETARY OF STATE
SUBJECT: Suspension of Limitations Under the Jerusalem Embassy Act
Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Embassy Act of 1995 (Public Law 104-45) (the "Act"), I hereby determine that it is necessary to protect the national security interests of the United States to suspend for a period of six months the limitations set forth in sections 3(b) and 7(b) of the Act. My Administration remains committed to beginning the process of moving our embassy to Jerusalem.
You are hereby authorized and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act, and to publish the determination in the Federal Register.
This suspension shall take effect on June 15, 2001.
GEORGE W. BUSH
(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)