[Weekly Compilation of Presidential Documents Volume 41, Number 32 (Monday, August 15, 2005)]
[Page 1267]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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.
    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: At the time of publication, H.R. 6, approved August 8, had not 
been received by the Office of the Federal Register for assignment of a 
Public Law number.