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

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.

Jerusalem

Embassy Act of

1995.

Foreign relations.

Nov. 8, 1995

[S. 1322]
PUBLIC LAW 104–45—NOV. 8, 1995 109 STAT. 399

(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 func- tioning 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

Reports.
109 STAT. 400 PUBLIC LAW 104–45—NOV. 8, 1995

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).

Reports.
PUBLIC LAW 104–45—NOV. 8, 1995 109 STAT. 401

LEGISLATIVE HISTORY—S. 1322:

CONGRESSIONAL RECORD, Vol. 141 (1995):

Oct. 23, 24, considered and passed Senate.

Oct. 24, considered and passed House.

Æ

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.

sented 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.]

[Note by the Office of the Federal Register: The foregoing Act, having been preh