[104th Congress Public Law 45]
[From the U.S. Government Printing Office]
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[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.
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[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.
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