Upholding the 1995 Jerusalem Embassy Law Act of 2021
This bill prohibits using federal funds to establish any diplomatic facility in Jerusalem other than the U.S. Embassy to Israel.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3063 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3063
To prohibit the use of funds for a United States Embassy, Consulate
General, Legation, Consular Office, or any other diplomatic facility in
Jerusalem other than the United States Embassy to the State of Israel,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 26, 2021
Mr. Hagerty (for himself, Mr. Risch, Mr. Rubio, Mr. Cruz, Mr. Young,
Mr. Cotton, Mrs. Blackburn, Mr. Marshall, Mr. Tillis, Ms. Lummis, Mr.
Barrasso, Mr. Sullivan, Mr. Crapo, Mr. Sasse, Mrs. Hyde-Smith, Mr.
Braun, Mr. Tuberville, Mr. Hawley, Mr. Scott of Florida, Mr. Wicker,
Ms. Collins, Mr. Lee, Mr. Lankford, Mr. Inhofe, Mr. Cramer, Mr.
Boozman, Mr. Paul, Mr. Daines, Mrs. Capito, Mr. Hoeven, Mr. Johnson,
Ms. Ernst, Mr. Toomey, Mr. Cassidy, Mrs. Fischer, and Mr. Grassley)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To prohibit the use of funds for a United States Embassy, Consulate
General, Legation, Consular Office, or any other diplomatic facility in
Jerusalem other than the United States Embassy to the State of Israel,
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 ``Upholding the 1995 Jerusalem Embassy
Law Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There has been overwhelming bipartisan support in
Congress for recognizing Jerusalem as the eternal and undivided
capital of the State of Israel and moving the United States
Embassy from Tel Aviv to Jerusalem.
(2) On May 22, 1990, Congress unanimously adopted Senate
Concurrent Resolution 106 (101st Congress), which declares that
Congress ``strongly believes that Jerusalem must remain an
undivided city in which the rights of every ethnic religious
group are protected''.
(3) In June 1992, Congress unanimously adopted Senate
Concurrent Resolution 113 (102nd Congress) to commemorate the
25th anniversary of the reunification of Jerusalem, and
reaffirming congressional sentiment that Jerusalem must remain
an undivided city.
(4) In June 1993, 257 members of the 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''.
(5) In March 1995, 93 United States Senators 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.
(6) In November 1995, the Jerusalem Embassy Act of 1995
(Public Law 104-45) became law after receiving a 93-5 vote in
the Senate and a 374-37 vote in the House of Representatives.
The law expresses support for recognizing Jerusalem as the
capital of Israel and facilitating the relocation of the United
States Embassy to Jerusalem.
(7) The Jerusalem Embassy Act of 1995 states, as the policy
of the United States--
(A) ``Jerusalem should remain an undivided city in
which the rights of every ethnic and religious group
are protected'';
(B) ``Jerusalem should be recognized as the capital
of the State of Israel''; and
(C) ``the United States Embassy in Israel should be
established in Jerusalem no later than May 31, 1999''.
(8) On May 20, 1997, the Senate unanimously passed Senate
Concurrent Resolution 21 (105th Congress) to commemorate the
30th anniversary of the reunification of Jerusalem during the
Six Day War, which--
(A) ``congratulates the residents of Jerusalem and
the people of Israel on the thirtieth anniversary of
the reunification of that historic city'';
(B) ``strongly believes that Jerusalem must remain
an undivided city in which the rights of every ethnic
and religious group are protected as they have been by
Israel during the past 30 years'';
(C) ``calls upon the President and Secretary of
State to publicly affirm as a matter of United States
policy that Jerusalem must remain the undivided capital
of the state of Israel''; and
(D) ``urges United States officials to refrain from
any actions that contradict United States law on this
subject''.
(9) On June 10, 1997, the House of Representatives adopted
House Concurrent Resolution 60 (105th Congress) by a vote of
406-17 to commemorate the 30th anniversary of the reunification
of Jerusalem during the Six Day War, which--
(A) ``congratulates the residents of Jerusalem and
the people of Israel on the 30th anniversary of the
reunification of that historic city'';
(B) ``strongly believes that Jerusalem must remain
an undivided city in which the rights of every ethnic
and religious group are protected as they have been by
Israel during the past 30 years'';
(C) ``calls upon the President and the Secretary of
State to affirm publicly as a matter of United States
policy that Jerusalem must remain the undivided capital
of the State of Israel''; and
(D) ``urges United States officials to refrain from
any actions that contradict this policy''.
(10) In September 2002, Congress passed the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-
228), which states, in section 214, the following:
(A) ``The Congress maintains its commitment to
relocating the United States Embassy in Israel to
Jerusalem and urges the President, pursuant to the
Jerusalem Embassy Act of 1995 (Public Law 104-45; 109
Stat. 398), to immediately begin the process of
relocating the United States Embassy in Israel to
Jerusalem.''.
(B) ``None of the funds authorized to be
appropriated by this Act may be expended for the
operation of a United States consulate or diplomatic
facility in Jerusalem unless such consulate or
diplomatic facility is under the supervision of the
United States Ambassador to Israel.''.
(C) ``None of the funds authorized to be
appropriated by this Act may be available for the
publication of any official government document which
lists countries and their capital cities unless the
publication identifies Jerusalem as the capital of
Israel.''.
(D) ``For purposes of the registration of birth,
certification of nationality, or issuance of a passport
of a United States citizen born in the city of
Jerusalem, the Secretary shall, upon the request of the
citizen or the citizen's legal guardian, record the
place of birth as Israel.''.
(11) On June 5, 2007, the House of Representatives passed,
by voice vote, House Concurrent Resolution 152 (110th
Congress), to commemorate the 40th anniversary of the
reunification of Jerusalem during the Six Day War. The
resolution ``reiterates [Congress'] commitment to the
provisions of the Jerusalem Embassy Act of 1995 and calls upon
the President and all United States officials to abide by its
provisions''.
(12) On June 5, 2017, the Senate unanimously passed Senate
Resolution 176 (115th Congress) to commemorate the 50th
anniversary of the reunification of Jerusalem during the Six
Day War. The resolution ``reaffirms the Jerusalem Embassy Act
of 1995 (Public Law 104-45) as United States law, and calls
upon the President and all United States officials to abide by
its provisions.''.
(13) On December 7, 2017, the United States took the first
step to implement the Jerusalem Embassy Act of 1995 by formally
recognizing Jerusalem as the ``eternal capital of Israel''.
(14) On May 14, 2018, the United States further implemented
the Jerusalem Embassy Act of 1995 by officially opening the
United States Embassy in Israel's capital of Jerusalem.
(15) On March 4, 2019, the United States took the final
step to implement and become fully compliant with the Jerusalem
Embassy Act of 1995 by--
(A) moving the official United States Ambassador's
residence to Jerusalem; and
(B) merging the Consulate General of the United
States in Jerusalem with the United States Embassy in
Jerusalem.
(16) On February 2, 2021, the Senate adopted Senate
Amendment 786 to the budget resolution (section 3012 of Senate
Concurrent Resolution 5), by a vote of 97-3, to maintain the
United States Embassy in Jerusalem permanently, and effectively
preventing it from being downgraded or moved out of Israel's
capital of Jerusalem.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to uphold, preserve, and reaffirm the clear purpose and
intent of the Statement of the Policy of the United States in
section 3(a) of the Jerusalem Embassy Act of 1995 (Public Law
104-45; 109 Stat. 399);
(2) to uphold, preserve, and reaffirm United States
recognition of Jerusalem as the eternal capital of the State of
Israel and an undivided city in which the rights of every
ethnic and religious group are protected;
(3) to maintain the United States Embassy to the State of
Israel in Jerusalem, the capital of the State of Israel; and
(4) not to reopen, open, or otherwise maintain a United
States Embassy, Consulate General, Legation, Consular Office,
or any other diplomatic facility in Jerusalem other than the
United States Embassy to the State of Israel.
SEC. 4. PROHIBITION ON USE OF FUNDS FOR CERTAIN DIPLOMATIC FACILITIES.
Section 1 of the Foreign Service Buildings Act, 1926 (22 U.S.C.
292) is amended by adding at the end the following:
``(d) Prohibition on Use of Funds.--Notwithstanding any other
provision of law, none of the funds authorized to be appropriated on or
after the date of the enactment of this subsection may be used for a
United States Embassy, Consulate General, Legation, Consular Office, or
any other diplomatic facility in Jerusalem other than the United States
Embassy to the State of Israel.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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