1995耶路撒冷使館法Jerusalem Embassy Act of 1995 雲程摘譯

[104th Congress Public Law 45]

[From the U.S. Government Printing Office]

[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. <>

    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: 國會決議

    (1) Each sovereign nation, under international law and custom, may designate its own capital.  根據國際法與慣例，每個主權國家得指定其首都。

    (2) Since 1950, the city of Jerusalem has been the capital of the State of Israel.  從1950年起，耶路撒冷即為以色列首都。

    (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.  耶路撒冷市為以廖總統、國會與最高法院，以及許多政府機關與社會和文化建置的所在。

    (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.  耶路撒冷市是猶太教的精神中心，並為其餘宗教之信仰聖城。

    (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.  從1948-1967，耶路撒冷成為分割城市，以色列各信仰公民，以及各國猶太教公民，被拒絕進入由約旦所控制之聖域。

    (6) In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War.  在1967年，耶路撒冷市在六日戰爭中被統一。

    (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.  從1967年起，耶路撒冷已經是完整的城市，並由以色列所管理。各宗教教徒得完整進出該城市的聖域。

    (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.  連續28年，耶路撒冷被完整的管理，各信仰的權利的被尊重與被保護。

    (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''.  在1990年，國會無異議通過參議院第106號決議，宣示國會「堅決相信耶路撒冷必須完整，且各族群與宗教團體的權利必須被保護」

    (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.  1992年，美國國會參眾兩院無異議通過第102屆國會第113號決議，以紀，念第25屆耶路撒冷統一年且重申耶路撒冷必須維持完整的城市。

    (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.  1993年9月13日，〈對耶路撒冷臨時自治安排原則宣言〉對包括耶路撒冷之最終地位議題規劃日程。

    (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.  1994年5月4日簽署〈迦薩走廊與耶律哥協議〉開啟〈自治安排原則宣言〉中所規定的五年的過渡時期。

    (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.  1995年3月，93為美國參議員連署致函國務卿Warren Christopher鼓勵其制訂遷移美國大使館至耶路撒冷。

    (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''.  1993年6月，257位美國眾議員連署致函國務卿Warren Christopher鼓勵其制訂遷移美國大使館至耶路撒冷。

    (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.  美國在各國首都維持使館，只有對我們的民主盟友與戰略盟友以色列例外。

    (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.  美國在耶路撒冷主辦正式會議與其他商業，等同事實上承認其為以色列首都。

    (17) In 1996, the State of Israel will celebrate the 3,000th anniversary of the Jewish presence in Jerusalem since King David's entry.  1996年，以色列將慶祝猶太人大衛王到耶路撒冷3000週年紀念日。

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; 耶路撒冷應維持完整，並保護所有族群與宗教之權利

    (2) Jerusalem should be recognized as the capital of the State of Israel; and  耶路撒冷應被承認為以列之首都

    (3) the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999.  美國大使館應於1999年5月31日前建立於耶路撒冷

    (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 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.  總統的棄權

    (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.  放棄權威(1)從1998年10月1日起，每6個月總統得決定為保護美國的國家安全利益，必要時擱置第三條(b)的限制並事先報告國會。

    (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.

                

  [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:

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CONGRESSIONAL RECORD, Vol. 141 (1995):

    Oct. 23, 24, considered and passed Senate.

    Oct. 24, considered and passed House.