Jerusalem Embassy Act of 1995
PL 104-45 (S.1322), enacted 11/08/1995

109 STAT. 398 
PUBLIC LAW 104-45—NOV. 8, 1995 
Public Law 104-45 
104th Congress 
Nov. 8, 1995 
[S. 1322] 
Jerusalem 
Embassy Act of 
1995. 
Foreign relations. 
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 adminis-
tered 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 Jerusa-
lem 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 Rep-
resentatives unanimously adopted Senate Concurrent Resolu-
tion 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. 
PUBLIC LAW 104-45—NOV. 8, 1995 
109 STAT. 399 
(11) The September 13, 1993, Declkration 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 ifive-year transi-
tional period laid out in the Declaration of Principles. 
(13) In March of 1995, 93 members of the tJnited 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 demo-
cratic 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 estab-
lished in Jerusalem no later than May 31, 1999. 
(b) OPENING DETERMINATION.—Not more than 50 percent of Reports, 
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 appro-
priated 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 appro-
priated 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 
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 Secre-
tary of State shall report to the Speaker of the House of Representa-
tives 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. 
Reports. 
(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 suspen-
sion 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). 
PUBLIC LAW 104-45—NOV. 8, 1995 
109 STAT. 401 
SEC. 8. DEFINITION. 
As used in this Act, the term "United States Embass)^' 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 pre-
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.] 
LEGISLATIVE HISTORY—S. 1322: 
CONGRESSIONAL RECORD, Vol. 141 (1995): 
Oct. 23, 24, considered and passed Senate. 
Oct. 24, considered and passed House. 
99-194 0-95-14:QL3Partl