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Jerusalem Embassy Act of 1995

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Public Law 104-44
Public Law 104-45
Jerusalem Embassy Act of 1995
by the 104th Congress of the United States
Pub.L. 104−45, 109 Stat. 398, S. 1322, enacted November 8, 1995
Public Law 104-46
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    See Note by the Office of the Federal Register.

Note: This is the original legislation as it was initially enacted. Any subsequent amendments hosted on Wikisource may be listed using What Links Here.

6945Jerusalem Embassy Act of 1995 —
Pub.L. 104−45, 109 Stat. 398, S. 1322, enacted November 8, 1995
1995the 104th Congress of the United States
104TH UNITED STATES CONGRESS
1ST SESSION

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.

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This Act may be cited as the ‘‘Jerusalem Embassy Act of 1995’’.


Sec. 2. Findings.

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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 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.

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(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.

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(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.

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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.

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At the time of the submission of the President´s fiscal 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.

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(a) Waiver Authority.—
(1) Beginning on October 1, 1998, the president may suspend the limitations 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 limitations for an additional six month period at the end of any period during which the suspension is in effect under this subsections 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 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.

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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.

Legislative History

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  • CONGRESSIONAL RECORD, Vol. 141 (1995):
    • Oct. 23, 24, considered and passed Senate.
    • Oct. 24, considered and passed House.


    Addendum

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       Jerusalem Embassy Act of 1995
       
  • Presidential Waiver; Suspension of Limitations  as per  § 7(a)
  1. Presidential Determination No. 99-29 of June 17, 1999, 64 FR 33739
  2. Presidential Determination No. 2000-08 of Dec. 17, 1999, 64 FR 72887
  3. Presidential Determination No. 2000-24 of June 16, 2000, 65 FR 38713
  4. Presidential Determination No. 2001-06 of Dec. 15, 2000, 66 FR 225
  5. Presidential Determination No. 2001-19 of June 11, 2001, 66 FR 34355
  6. Presidential Determination No. 2002-05 of Dec. 14, 2001, 66 FR 66707
  7. Presidential Determination No. 2002-23 of June 14, 2002, 67 FR 42705
  8. Presidential Determination No. 2003-08 of Dec. 13, 2002, 67 FR 78125
  9. Presidential Determination No. 2003-26 of June 13, 2003, 68 FR 37387
  10. Presidential Determination No. 2004-12 of Dec. 09, 2003, 68 FR 74459
  11. Presidential Determination No. 2004-36 of June 15, 2004, 69 FR 38795
  12. Presidential Determination No. 2005-14 of Dec. 15, 2004, 69 FR 78851
  13. Presidential Determination No. 2005-24 of June 15, 2005, 70 FR 36805
  14. Presidential Determination No. 2006-05 of Dec. 04, 2005, 70 FR 75929
  15. Presidential Determination No. 2006-15 of June 15, 2006, 71 FR 36477
  16. Presidential Determination No. 2007-09 of Dec. 15, 2006, 72 FR 1901
  17. Presidential Determination No. 2007-21 of June 01, 2007, 72 FR 34975
  18. Presidential Determination No. 2008-06 of Dec. 12, 2007, 73 FR 3849
  19. Presidential Determination No. 2008-20 of June 04, 2008, 73 FR 33289
  20. Presidential Determination No. 2009-08 of Dec. 04, 2008, 73 FR 76503
  21. Presidential Determination No. 2009-19 of June 05, 2009, 74 FR 27903
  22. Presidential Determination No. 2010-03 of Dec. 03, 2009, 74 FR 64995
  23. Presidential Determination No. 2010-09 of June 02, 2010, 75 FR 33489
  24. Presidential Determination No. 2011-06 of Nov. 29, 2010, 76 FR 1333
  25. Presidential Determination No. 2011-10 of June 03, 2011, 76 FR 35713
  26. Presidential Determination No. 2012-03 of Dec. 02, 2011, 76 FR 82073
  27. Presidential Determination No. 2012-08 of June 01, 2012, 77 FR 37549
  28. Presidential Determination No. 2013-02 of Dec. 04, 2012, 77 FR 74553
  29. Presidential Determination No. 2013-09 of June 04, 2013, 78 FR 35535
  30. Presidential Determination No. 2014-04 of Dec. 03, 2013, 78 FR 75203
  31. Presidential Determination No. 2014-10 of June 02, 2014, 79 FR 33839
  32. Presidential Determination No. 2015-03 of Dec. 03, 2014, 79 FR 74009
  33. Presidential Determination No. 2015-07 of June 03, 2015, 80 FR 32853
  34. Presidential Determination No. 2016-04 of Dec. 02, 2015, 80 FR 77567
  35. Presidential Determination No. 2016-07 of June 01, 2016, 81 FR 37483
  36. Presidential Determination No. 2017-03 of Dec. 01, 2016, 81 FR 88973
  37. Presidential Determination No. 2017-07 of May 31, 2017, 82 FR 28387
  38. Presidential Determination No. 2018-02 of Dec. 06, 2017, 82 FR 61127
  39. Presidential Determination No. 2018-09 of June 04, 2018, 83 FR 31323
  40. Presidential Determination No. 2018-09 of Dec. 07, 2018, 83 FR 66555
       Recognizing Jerusalem as the Capital of the State of Israel and Relocating the United States Embassy to Israel to Jerusalem
       
  • Recognizing Jerusalem as the Capital of the State of Israel and Relocating the United States Embassy to Israel to Jerusalem  
  1. Proclamation 9683 of December 6, 2017, 82 FR 58331


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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