Signing Statement? Legally Debatable

Statement on Signing the Congressional Budget Office Data Sharing Act

Issued 2024-09-30 by Joseph R. Biden Jr.

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

This signing statement accompanies President Biden's signing of H.R. 7032, the Congressional Budget Office Data Sharing Act, into law on September 30, 2024. The Act amends existing law to expand the authority of the Congressional Budget Office to access certain federal data for purposes of producing more accurate budget and economic analysis. The statement acknowledges the law's purpose while potentially flagging constitutional or interpretive considerations the executive branch intends to observe in implementing it.

The law and statement affect the Congressional Budget Office, federal agencies that hold relevant data, and ultimately Congress and the public, who rely on CBO analysis to understand the fiscal implications of legislation. By expanding CBO's data access, the Act is intended to improve the quality of nonpartisan budget scoring and economic projections that inform legislative decisions.

Signing statements are a constitutionally contested practice. While presidents have long used them to record their views on legislation, critics argue that statements signaling intent not to enforce certain provisions amount to an unconstitutional line-item veto. Supporters contend they are a legitimate expression of executive interpretation. The legal weight of this particular statement depends on how the executive branch implements the law going forward.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

This signing statement ("Statement on Signing the Congressional Budget Office Data Sharing Act") was issued alongside a bill the President signed into law. Signing statements allow presidents to express constitutional or policy objections to specific provisions of legislation they have just signed. Their legal weight and constitutional propriety have been contested since the practice became common in the 1980s.

Critics — including the American Bar Association — argue that using signing statements to announce an intent to not enforce portions of a law effectively creates a line-item veto, which the Supreme Court ruled unconstitutional in Clinton v. City of New York (1998). Defenders argue presidents have a duty to identify constitutional concerns and that signing statements are a legitimate form of executive interpretation. The constitutional propriety depends on whether this specific statement announces non-enforcement or merely records the President's views.

Official Summary

DCPD202400853 * {margin:0; padding:0; text-indent:0; } .s1 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 12pt; } h1 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 12pt; } .p, p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 11pt; margin:0pt; } .s2 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 12pt; } .s3 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 9pt; } .s4 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 11pt; } Administration of Joseph R. Biden, Jr., 2024 Statement on Signing the Congressional Budget Office Data Sharing Act September 30, 2024 Today, I have signed into law H.R. 7032, the "Congressional Budget Office Data Sharing Act" (the "Act"). The Act amends the current provision authorizing the Director of the Congressional Budget Office (CBO) to

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