PUBLIC LAW 104-45-NOV. 8, 1995

JERUSALEM EMBASSY ACT OF 1995

109 STAT. 398 PUBLIC LAW 104-45-NOV. 8, 1995

Public Law 104-45 104th Congress

http://bulk.resource.org/gpo.gov/laws/104/publ45.104.pdf

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).

LEGISLATIVE HISTORY-S. 1322:

CONGRESSIONAL RECORD, Vol. 141 (1995):

Oct. 23, 24, considered and passed Senate.

Oct. 24, considered and passed House.

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.]