ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Suspension of Limitations Under the Jerusalem Embassy Act

President George W. Bush suspended for six months the statutory requirements of the Jerusalem Embassy Act of 1995 that would have mandated moving the U.S. embassy from Tel Aviv to Jerusalem and withholding State Department funds for embassy operations. This was the latest in a series of recurring six-month suspensions by multiple administrations since 1995.

Federal Register Open PDF 73 FR 76503

Impact dates

  1. 6-month suspension period expires

  2. Transmission to Congress with report

Key directives

  • Suspend limitations in sections 3(b) and 7(b) of Jerusalem Embassy Act for 6 months
  • Transmit determination to Congress accompanied by section 7(a) report
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Suspension takes effect upon transmission to Congress
  • Secretary of State directed to transmit determination and report to Congress
  • Publication in Federal Register

Near term (90d)

  • Six-month suspension period runs through approximately June 4, 2009
  • Congress receives report per section 7(a)

Long term

  • Continued delay of mandatory embassy relocation
  • Potential future presidential determinations required to maintain suspension beyond June 2009

Risks & tensions

  • Recurring suspension pattern since 1995 creates tension between executive discretion and congressional mandate
  • National security justification is vague and formulaic
  • Timing in final weeks of Bush administration leaves decision point for incoming Obama administration
Presidential Determination: Suspension of Limitations Under the Jerusalem Embassy Act · Executive Orders