    [Public Papers of the Presidents of the United States: George W. Bush (2005, Book II)]
    [August 8, 2005]
    [Pages 1315-1316]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Energy Policy Act of 2005
    August 8, 2005

        Today, I have signed into law H.R. 6, the ``Energy Policy Act of
    2005.'' This legislation promotes dependable, affordable, and
    environmentally sound production and distribution of energy for
    America's future.
        The executive branch shall construe section 365(e)(2) of the Act,
    which purports to require disclosure of an internal executive branch
    recommendation, in a manner consistent with the President's
    constitutional authority to supervise the unitary executive branch and
    preserve the confidentiality of its deliberations.
        The executive branch shall construe the statement in section 110(d)
    of the Act, that the Congress reserves the right to revert to previous
    schedules for daylight savings time, as referring to reversion by
    enactment of a law in accordance with the bicameral passage and
    presentment requirements specified in the Constitution.
        The executive branch shall construe the amendments to section 211 of
    the Energy Reorganization Act made by section 629 of the Act, as they
    relate to dissemination of official information by employees of the
    Department of Energy and the Nuclear Regulatory Commission, in a manner
    consistent with the President's constitutional authority to supervise
    the unitary executive branch.
        The executive branch shall construe provisions of the Act that
    purport to direct the conduct of communications, negotiations, and other
    relations with foreign governments and international organizations,
    including sections 643(c)(2), 795(d), 814, 972, and 985 of the Act, and
    sections 732, 734(a)(2), 736, and 737 of the Global Environmental
    Protection Assistance Act as contained in section 1611 of the Act, in a
    manner consistent with the Constitution's commitment to the President of
    authority to conduct the Nation's foreign relations.
        Provisions of the Act, including sections 342(j), 351(h)(3), 704(c),
    706(e)(5), 957(a)(2)(C), 1221(b), 1234(c), 1272(2), 1509(b)(2),
    1541(c)(6), 1831(c), 1835, and 1836(b)(2), section 543(a)(3) of the
    National Energy Conservation Policy Act contained in section 102(b), and
    section 170H(f)(3)(B) of the Atomic Energy Act of 1954 contained in
    section 651(d)(1), purport to require executive branch officials to
    submit legislative recommendations to the Congress. The executive branch
    shall construe such provisions in a manner consistent with the
    Constitution's commitment to the President of the authority to submit
    for the consideration of the Congress such measures as the President
    judges necessary and expedient and to supervise the unitary executive
    branch.
        The executive branch shall construe the reference in section 631(b)
    of the Act, to awaiting action by the Congress, as providing for the
    Congress a reasonable period of time to consider the information
    furnished under section 631, as it is plain from the text and structure
    of section 631 that the reference is not intended to function as a
    prohibition.

    [[Page 1316]]

        The executive branch shall construe section 9007 of the Solid Waste
    Disposal Act, contained in section 1528 of the Act, in a manner
    consistent with the various legal immunities conferred by the
    Constitution on members of the legislative, executive, and judicial
    branches of the Federal Government to protect the effective functioning
    of the three branches.
        The executive branch shall construe provisions of the Act that make
    legislative classifications based on race, ethnicity, or gender in a
    manner consistent with the requirement of the Due Process Clause of the
    Fifth Amendment to afford equal protection of the laws.

                                                              George W. Bush

     The White House,

     August 8, 2005.

    Note: H.R. 6, approved August 8, was assigned Public Law No. 109-58.