Friday, June 12, 2015

United States official position on Jerusalem - YJ Draiman



United States official position on Jerusalem

In 1990 the United States Senate adopted a resolution "acknowledging Jerusalem as Israel's capital" and stating that it "strongly believes that Jerusalem must remain an undivided city." The subsequent Clinton Administration refused to characterize East Jerusalem as being under occupation and viewed it as a territory over
which sovereignty was defined. Vice President Gore stated that the US viewed "united Jerusalem" as the capital of Israel. In light of this
designation, the US has since abstained
from Security Council resolutions which use language which construes East Jerusalem as forming part of the West Bank (Judea and Samaria). In 1995, Congress passed the Jerusalem Embassy Act which declared that Jerusalem should remain undivided and that it should be recognized as Israel's capital.


PUBLIC LAW 104–45—NOV. 8, 1995
JERUSALEM EMBASSY ACT OF 1995
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.
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).


JERUSALEM EMBASSY ACT OF 1995 Public Law 104-45 104th Congress
[104th Congress Public Law 45]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ45.104]

                      JERUSALEM EMBASSY ACT OF 1995
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. <<NOTE: Nov. 8, 1995 -  [S. 1322]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Jerusalem 
Embassy Act of 1995. Foreign relations.>> 

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) <<NOTE: Reports.>>  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 Secre-
tary 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) <<NOTE: Reports.>>  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.

                                <H-dash>

  [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.]

      

LEGISLATIVE HISTORY--S. 1322:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 141 (1995):
            Oct. 23, 24, considered and passed Senate.
            Oct. 24, considered and passed House.

                                  <all>

5 comments:

  1. The Jewish people war of survival was not won when Hitler lost. It continues to this day, against enemies with far more effective tools of mass murder at their disposal. Plus we are easy to find now.
    The West Bank (Judea and Samaria) was re-taken and liberated from
    Jordan by Israel in 1967 after another failed Arab attempt at destroying the
    young Jewish state and has been under Israel control ever since. In the Oslo accords
    (which are now null and void), Israel tried to give the PA limited
    supervision on a part of the area but it obviously did not work as the Arab
    goal here is not the creation of a Palestinian state but simply the destruction
    of the Jewish state. If they wanted a Palestinian state, they would have asked Jordan before 1967 for the territories. They never bothered (because they knew it was occupied Jewish territory) until Israel took over.
    Israel must stop all Arab violence at all costs and restore security and safety to its citizens.
    YJ Draiman

    ReplyDelete
  2. No entity in the world will force a solution on Israel.
    They forced or were complicit to the Final solution in WWII
    with the Holocaust and the extermination of over 6 million Jewish people, men women and children.
    Where were the worlds nations outcry, threats and objection
    when millions of Jewish people were being exterminated, men women and children?
    They were silent.
    Where was the world nations when the Arab countries expelled
    over a million Jewish people from their countries who lived there for over 1800 years, the Arabs confiscated their assets, business, homes and land 5 times the size of Israel, valued in the trillions of dollars?
    Where is the world nations today? Why do they ignore when
    thousands are slaughtered by Muslims throughout the world.
    When Arab violence against Jews and other who are in Israel is not promoted by the Arab leaders, it is positive proof that the Arabs are no seeking peace and coexistence with Israel, the Arabs only seek Israel's destruction.
    Any violence whatsoever must be responded with full force, Let them know this terror and violence, stone throwing and barricades is a crime and punishable by extreme actions. This is the only way to treat violence, anything less is a dereliction of duty by the government.
    Today and since 1948. Israel is being
    threatened with annihilation and when Israel defends itself
    from destruction, suicide bombers, thousands of missiles, violence, etc, by the Arabs, every country has something to say, threaten Israel and meddle in its business.
    This is the time when nations of the world must mind their own business and
    stay out of Israel’s internal affairs. Only then there will be a possibility of peace.
    NEVER AGAIN!!!
    YJ
    Draiman
    Iran
    the destabilizing factor in the Middle East
    and beyond..

    ReplyDelete
  3. Herzog and Livni are
    delusional. If you want to see Israel destroyed elect them. If you want to see Israel survive, you must vote Likud. There is no other
    alternative.
    Israel needs a leader who is concerned about Israel's safety and security and not personal agenda.
    Concessions and appeasements to the Arabs have only increased terror and
    violence and is a danger to Israel's survival. Thus a constant danger and threat to Israel's citizens.
    Summer of 2014 Hamas Gaza
    Campaign and the launching of 15,000 rockets into Israel's population centers only confirms that Israel must not concede any territory to the Arabs. Israel needs a wide buffer zone to enable it to respond to
    attacks and protect its citizens. This also applies Hezbollah on the Lebanese
    borders.
    There must be some population
    adjustment to offset the million Jews expelled from Arab countries. These could
    be a viable solution if people can look at it with an unbiased and rational
    approach.
    YJ Draiman

    ReplyDelete
  4. Supreme Muslim Council: Temple Mount is Jewish

    The widely-disseminated Arab claim that the Temple Mount isn't Jewish has been debunked - by the Supreme Muslim Council (Waqf), in a 1925 pamphlets

    First Publish: 9/1/2008, 5:34 PM

    The widely-disseminated Arab Muslim position that the Temple Mount is not Jewish has been debunked - by the Supreme Muslim Council (Waqf) of Jerusalem, in a Temple Mount guide published in 1925.

    Wakf guidebook, 1925, cover
    The Temple Institute

    http://www.raptureforums.com/IsraelMiddleEast/guide.pdf



    Temple Mount is Jewish Territory
    Treaty of Peace Between The Hashemite Kingdom of Jordan
    And The State of Israel October 26, 1994

    Status Quo – Jews and non-Jews are permitted to pray on Temple Mount – This is confirmed by Israel’s Supreme Court.


    Article 9 - Places of Historical and Religious Significance and Interfaith Relations

    1. Each Party will provide freedom of access to places of religious and historical significance.
    2. In this regard, in accordance with the Washington Declaration, Israel respects the present special role of the Hashemite Kingdom of Jordan in Muslim Holy shrines in Jerusalem. When negotiations on the permanent status will take place, Israel will give high priority to the Jordanian historic role in these shrines.
    3. The Parties will act together to promote interfaith relations among the three monotheistic religions, with the aim of working towards religious understanding, moral commitment, freedom of religious worship, and tolerance and peace.

    Supreme Muslim Council: Temple Mount is Jewish
    Wakf guidebook, 1925, cover
    The Temple Institute

    http://www.raptureforums.com/IsraelMiddleEast/guide.pdf

    YJ Draiman

    ReplyDelete
  5. Supreme Muslim Council: Temple Mount is Jewish

    The widely-disseminated Arab claim that the Temple Mount isn't Jewish has been debunked - by the Supreme Muslim Council (Waqf), in a 1925 pamphlets

    First Publish: 9/1/2008, 5:34 PM

    The widely-disseminated Arab Muslim position that the Temple Mount is not Jewish has been debunked - by the Supreme Muslim Council (Waqf) of Jerusalem, in a Temple Mount guide published in 1925.

    Wakf guidebook, 1925, cover
    The Temple Institute

    http://www.raptureforums.com/IsraelMiddleEast/guide.pdf



    Temple Mount is Jewish Territory
    Treaty of Peace Between The Hashemite Kingdom of Jordan
    And The State of Israel October 26, 1994

    Status Quo – Jews and non-Jews are permitted to pray on Temple Mount – This is confirmed by Israel’s Supreme Court.


    Article 9 - Places of Historical and Religious Significance and Interfaith Relations

    1. Each Party will provide freedom of access to places of religious and historical significance.
    2. In this regard, in accordance with the Washington Declaration, Israel respects the present special role of the Hashemite Kingdom of Jordan in Muslim Holy shrines in Jerusalem. When negotiations on the permanent status will take place, Israel will give high priority to the Jordanian historic role in these shrines.
    3. The Parties will act together to promote interfaith relations among the three monotheistic religions, with the aim of working towards religious understanding, moral commitment, freedom of religious worship, and tolerance and peace.

    Supreme Muslim Council: Temple Mount is Jewish
    Wakf guidebook, 1925, cover
    The Temple Institute

    http://www.raptureforums.com/IsraelMiddleEast/guide.pdf

    YJ Draiman

    ReplyDelete