Pub.L. 104-46 Making appropriations for energy and water development for the fiscal year ending September 30, 1996, and for other purposes. <> ...

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                      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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