ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Suspension of Limitations Under the Jerusalem Embassy Act

President George W. Bush suspended for six months the congressional funding limitations in the Jerusalem Embassy Act of 1995 that would have penalized the State Department for failing to move the U.S. Embassy from Tel Aviv to Jerusalem. This was one in a series of six-month suspensions issued by successive presidents since 1995 to delay the embassy relocation on national security grounds.

Federal Register Open PDF 72 FR 1901

Impact dates

  1. Six-month suspension period expires

Key directives

  • Suspend limitations under sections 3(b) and 7(b) of Jerusalem Embassy Act for 6 months
  • Transmit determination to Congress with report under section 7(a)
  • 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
  • Secretary of State directed to publish in Federal Register

Near term (90d)

  • Six-month suspension period runs through approximately June 15, 2007

Long term

  • Continued precedent of executive delay of congressionally-mandated embassy relocation
  • Ongoing deferral of Jerusalem embassy move (eventually completed in 2018 under different administration)

Risks & tensions

  • Recurring tension between executive branch and Congress over constitutional authority in foreign policy
  • Congressional mandate consistently overridden by presidential national security determinations since 1995
  • Text vague on whether '6 months' is 180 days or calendar six months; interpreted as period ending June 15, 2007
Presidential Determination: Suspension of Limitations Under the Jerusalem Embassy Act · Executive Orders