George Will Cites the "Jerusalem Embassy Act of 1995’’

I had forgotten all about this law, until today's episode of ABC News' This Week with Jake Tapper...PUBLIC LAW 104–45, which is, as George Will stated, "the law of the land." It was sponsored by Senator Bob Dole, had 76 co-sponsors, and was signed by President Bill Clinton.

...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.

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 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

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...