Upholding the 1995 Jerusalem Embassy Law Act of 2021
Bill: S.3063 | Sponsor: Sen. Hagerty, Bill (R-TN)
Policy area: International Affairs

Summary:
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.

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.''.
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