Text: H.R.2846 — 113th Congress (2013-2014)

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Introduced in House (07/26/2013)

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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 2846 Introduced in House (IH)]

  1st Session
                                H. R. 2846

To transfer to Jerusalem the United States Embassy located in Tel Aviv.



                             July 26, 2013

   Mr. Franks of Arizona (for himself, Mr. Sherman, Mr. Lamborn, Mr. 
  Vargas, and Mr. Gene Green of Texas) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs


                                 A BILL

To transfer to Jerusalem the United States Embassy located in Tel Aviv.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    This Act may be cited as the ``Recognition of Jerusalem as the 
Capital of the State of Israel Act''.


    Congress finds the following:
            (1) Jerusalem has been the eternal and undivided capital of 
        the state of Israel for the past 3,000 years.
            (2) The State of Israel was established on May 14, 1948, in 
        the wake of World War II in order to serve as a homeland and 
        place of refuge for the Jewish people.
            (3) There has been an uninterrupted Jewish presence in the 
        city of Jerusalem for 3,000 years and a Jewish majority since 
        1840. Since 1950, the city of Jerusalem has been the capital of 
        the State of Israel.
            (4) From 1948 to 1967, Jerusalem was a divided city and 
        Israeli citizens of all faiths were not entitled to visit the 
        holy sites, and Jews from other countries were restricted in 
        their access to holy sites in the area controlled by Jordan. In 
        1967, the city of Jerusalem was reunited during the conflict 
        known as the Six Day War, and since 1967, Jerusalem has been a 
        unified city administered by Israel, and persons of all faiths 
        have been guaranteed full access to the holy sites within the 
            (5) In 1990, Congress unanimously adopted Senate Concurrent 
        Resolution 106, which declares that Congress ``strongly 
        believes that Jerusalem must remain an undivided city in which 
        the rights of every ethnic religious group are protected''.
            (6) In 1995, Congress overwhelmingly approved the Jerusalem 
        Embassy Relocation Act (Public Law 104-45), requiring the 
        establishment of the United States Embassy in Jerusalem not 
        later than May 31, 1999.
            (7) The United States maintains its embassy in the 
        functioning capital in every country except in the State of 
            (8) Establishing sovereign claims according to the 1907 
        Hague Regulations under article 43, requires that ``[t]he 
        authority of the legitimate power having in fact passed into 
        the hands of the occupant, the latter shall take all the 
        measures in his power to restore and ensure, as far as 
        possible, public order and safety, while respecting, unless 
        absolutely prevented, the laws in force in the country.''.
            (9) Israel has far exceeded the 1907 Hague Regulation as 
        directed by international law. Israel has taken all measures to 
        restore and ensure public order and safety in Jerusalem.
            (10) Jerusalem has been far safer and more protected under 
        Israel's administration than under any previous authorities.
            (11) Civil life is entirely present in Jerusalem, and all 
        government institutions and related frameworks are also 
        present, including the Knesset, the Bank of Israel, the 
        Ministry of Foreign Affairs, the Prime Minister's and 
        President's offices, and the Supreme Court.
            (12) The United States Government owns property in Tel Aviv 
        that was acquired for the cost of $1.00 in 1957.
            (13) The United States Government has allocated five 
        properties in Jerusalem, totaling over of 40,000 square feet 
        and 14 acres of land.
            (14) The United States Government's property located at 14 
        David Flusser Street in Jerusalem presents an ideal location 
        for the United States Embassy to Israel. The Department of 
        State completed construction of the property in 2010, and the 
        six acre site is leased for 75 years.


    It is the sense of Congress that--
            (1) the United States should recognize the sovereign status 
        of an undivided Jerusalem as the capital of the State of 
            (2) recognizing Jerusalem as the capital of Israel and 
        transferring the United States Embassy to Jerusalem from Tel 
        Aviv will send a signal of United States commitment and resolve 
        to Israel; and
            (3) the Secretary of State should--
                    (A) transfer the United States Embassy in Tel Aviv, 
                Israel, to 14 David Flusser Street, Jerusalem, Israel; 
                    (B) take such actions as are necessary to either 
                repurpose or sell at an appropriate market rate the 
                United States Embassy in Tel Aviv, Israel, and, if the 
                Embassy is sold, deposit in the Asset Management 
                Account of the Department of State the proceeds from 
                such sale.


    (a) Repeal.--Subject to subsection (b) of this section, section 7 
of the Jerusalem Embassy Act of 1995 is repealed.
    (b) Effective Date.--The repeal specified in subsection (a) shall 
take effect on January 1, 2014.