BPLA (Contents)
Budget Process Law Annotated (1993)
Congressional Budget and Impoundment Control Act of 1974
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TITLE III—CONGRESSIONAL BUDGET PROCESS
timetable
Sec. 300.115 The timetable with respect to the congressional budget process for any fiscal year is as follows:116
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| On or before: | Action to be Completed: |
| First Monday in February…………… | President submits his budget. |
| February 15……………………………..[a] | Congressional Budget Office submits report to Budget Committees. |
| Not later than 6 weeks after President submits budget…………………………….. | Committees submit views and estimates to Budget Committees |
| April 1 ………………………………… | Senate Budget Committee reports concurrent resolution on the budget.[b] |
| April 15 …………………………………..[c] | Congress completes action on concurrent resolution on the budget. |
| May 15……………………………………. | Annual appropriation bills may be considered in the House. |
| June 10…………………………………… | House Appropriations Committee reports last annual appropriation bill. |
| June 15…………………………………… | Congress completes action on reconciliation legislation. |
| June 30…………………………………… | House completes action on annual appropriation bills. |
| October 1………………………………….[d] | Fiscal year begins. |
[b] BPLA page 46 includes only the text of Note #122.
[Notes to Section 300]
115. Section 300 is codified as amended at 2 U.C. § 631 (Supp. IV 1992).
116. As the Congress has enacted this timetable as an exercise of its rule-making powers (to the extent that it sets dates for the Congress), see section 904 infra p. 357, no illegality flows from its violation. Furthermore, the failure to comply with a deadline has no effect on points of order under the Congressional Budget Act of 1974. See 132 Cong. Rec. S10,694 (daily ed. Aug. 7, 1986).
Section 201(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 revised section 300. See infra p. 413. As originally enacted in 1974, section 300 read as follows:
| On or before: | Action to be Completed: |
| November 10 | President submits current services budget. |
| 15th day after Congress meets | President submits his budget. |
| March 15 | Committees and joint committees submit reports to Budget Committees. |
| April 1 | Congressional Budget Office submits report to Budget Committees. |
| April 15 | Budget Committees report first concurrent resolution on the budget to their Houses. |
| May 15 | Committees report bills and resolutions authorizing new budget authority. |
| May 15 | Congress completes action on concurrent resolution on the budget. |
| 7th day after Labor Day | Congress completes action on bills and resolutions providing new budget authority and new spending authority. |
| September 15 | Congress completes action on second required concurrent resolution on the budget. |
| September 25 | Congress completes action on reconciliation bill or resolution, or both, implementing second required concurrent resolution. |
| October 1 | Fiscal year begins. |
117. Section 13112(a)(4) of the Budget Enforcement Act of 1990 changed this reference from “First Monday after January 3” to “First Monday in February” (see infra p. 708) to conform to the change that section 13112(c)(1) of the Budget Enforcement Act of 1990 made to section 1105(a) of title 31 of the United States Code. See infra p. 710. Where section 1105(a) used to require the President to submit the budget “On or before the first Monday after January 3 of each year (or on or before February 5 in 1986)” it now requires the President to submit the budget “On or after the first Monday in January but not later than the first Monday in February of each year.” Id.
Notwithstanding the requirement under the law prior to enactment of the Budget Enforcement Act of 1990, Congress provided for a delay of the submission of the President’s budget in 1988 from January 4 to February 16. See 133 Cong. Rec. S18,689 (daily ed. Dec. 21, 1987) (colloquy between the Chairman of the Budget Committee, Senator Chiles, and the Majority Leader, Senator Byrd). On the date of the deadline for that fiscal year 1989 budget, OMB Director Miller sent instead a letter to Congress. See Executive Communication No. EC-2455. He explained that the lateness of Congress’s final action on appropriations for fiscal year 1988 (Pub. L. 100-202 (1987)), as well as the Omnibus Reconciliation Act of 1987 (Pub. L. 100-203 (1987)) and the Bipartisan Budget Summit Agreement made it impossible to transmit the President’s budget by the statutory deadline.
Congress again provided for a delay of the submission of the President’s budget in 1990 from January 8 to January 22. The adjournment resolution for the 101st Congress provided:
Notwithstanding the provisions of section 1105 of title 31, United States Code, the President shall transmit to the Congress not later than January 22, 1990, the Budget for fiscal year 1991.
H. J. Res. 449, 101st Cong., 1st Sess. § 4, 135 Cong. Rec. S16,944 (daily ed. Nov. 21, 1989).
Similarly, Congress enacted extensions of deadlines for President Reagan’s fiscal year 1986 budget (see Pub. L. 99-1 (Jan. 9, 1985) (extended to Feb. 4, 1985)), President Reagan’s fiscal year 1984 budget (see Pub. L 97-469 (Jan. 14, 1983) (extended to Jan. 31, 1983)), President Carter’s fiscal year 1981 budget (see Pub. L. 96-186 (Jan. 8, 1980) (extended to Jan. 28, 1980)), President Nixon’s fiscal year 1974 budget (see Pub. L. 931 (Jan. 19, 1973) (extended to Jan. 29, 1973)), and President Johnson’s fiscal year 1966budget (see Pub. L. 89.1 (Jan. 13, 1965) (extended to Jan. 25, 1965)).
118. Section 1105 of title 31 of the United States Code sets forth this requirement. See infra pp. 788-798.
119. Section 202(f)(1) sets forth this requirement. See supra p. 37.
120. This should read “Within 6 weeks after the President submits a budget under section 1105(a) of title 31, United States Code.” Section 13112(a)(5) of the Budget Enforcement Act of 1990 (see infra p. 708) changed the deadline for committees’ views and estimates in section 301(d) of the Congressional Budget Act of 1974 (see infra pp. 70-74) from “[o]n or before February 25 of each year’ to within 6 weeks after the President submits a budget under section 1105(a) of title 31, United States Code,” as section 13112(c)(1) of the Budget Enforcement Act of 1990 (see infra p. 710) changed the deadline for the President’s budget submission in section 1105(a) of title 31 of the United States Code from “[o]n or before the first Monday after January 3 of each year’ to “[o]n or after the first Monday in January but not later than the first Monday in February of each year.”
121. Section 301(d) sets forth this requirement. See infra p. 70.
122. If the Senate Budget Committee has not completed action on the budget resolution by this date, then on that date, the Senate will discharge the Committee of any budget resolution that the presiding officer had referred to the Committee and place it on the calendar. See 136 Cong. Rec. S3696 (daily ed. Apr. 2,1990); 1984 Sen. J. 216 (Apr. 18,1984); 129 Cong. Rec. S4726 (daily ed. Apr. 15, 1983). The Senate will also discharge and place on the calendar any budget resolution submitted after April 1until the Budget Committee has reported a resolution. See 137 Cong. Rec. S4489 (daily ed. Mar. 29, 1990); 136 Cong. Rec. S4287 (daily ed. Apr. 5, 1990).
As originally enacted in 1974 and as in force on April 15, 1983, section 300 contained an entry for April 15 stating: Budget Committees report first concurrent resolution on the budget to their Houses.” See supra note 116. (Section 201(b) of Balanced Budget and Emergency Deficit Control Act of 1985 changed the entry to read as it does now. See infra p. 413.) On March 24, 1983, the Senate received the fiscal year 1984 budget resolution, H. Con. Res. 91,98th Cong., 1st Seas. (1983), from the House of Representatives, and the presiding officer referred it to the Budget Committee. 129 Cong. Rec. S3969 (daily ed. Mar. 24, 1983). When, on April 15, 1983, the Senate Budget Committee had failed to act on the resolution, the Senate discharged the resolution from the Committee and placed it on the calendar. 129 Cong. Rec. S4726 (daily ed. April 15, 1983).
On April 9, 1984, the Senate received the fiscal year 1985 budget resolution, H. Con. Res. 280, 98th Cong., 2d Seas. (1984), from the House of Representatives, and the presiding officer referred Itto the Budget Committee. 130 Cong. Rec. S4150 (daily ed. Apr. 9, 1984). When the Senate Budget Committee failed to act on the resolution by April 15, 1990 (on which date the Senate was adjourned), the Senate discharged the resolution from the Committee and placed it on the calendar. 1984 Sen. J. 216 (Apr. 18, 1984). (The Senate discharged H. Con. Res. 280 on April 18, 1984, the date provided for committees to report bills. April 18 was also, coincidentally, the date on which the Senate Budget Committee reported a budget resolution, S. Con. Res. 106. 130 Cong. Rec. S4722 (daily ed. Apr. 24, 1984).)
On March 29, 1990, the Chairman of the Budget Committee, Senator Sasser, submitted a concurrent resolution on the budget, S. Con. Res. 110, 101st Cong., 2d Sess., 136 Cong. Rec. S3555-60 (daily ed. Mar. 29, 1990), and the presiding officer referred it to the Budget Committee. id. at S3555. When the Senate Budget Committee failed to act on the resolution by April 1,1990 (a Sunday), the Senate discharged the resolution from the Committee pursuant at to section 300 of the Congressional Budget Act of 1974,” and placed it on the calendar. 136 Cong. Rec. S3696 (daily ed. Apr. 2, 1990).
Also in 1990, on April 5, Senator Hollings submitted a concurrent resolution on the budget, S. Con. Res. 119, 101st Cong., 2d Sess., 136 Cong. Rec. S4287-91 (daily ed. Apr. 5, 1990), and the presiding officer referred it to the Budget Committee. id. at S4209, S4287. As it was after April 1 and the Budget Committee had not yet reported a budget resolution, the Senate discharged the resolution from the Committee and placed it on the calendar on the same day that Senator Hollings submitted it. id. at S4287.
On April 16, 1990, the Chairman of the Budget Committee, Senator Sasser, submitted a concurrent resolution on the budget, S. Con. Res. 28, 102d Cong., 1st Sess., 137 Cong. Rec. S4489-94 (daily ed. Mar. 29, 1990), and the presiding officer referred it to the Budget Committee. id. at S4456, S4489. As it was after April 1 and the Budget Committee had not yet reported a budget resolution, the Senate discharged the resolution from the Committee and placed it on the calendar on the same day that Senator Sasser submitted it. id. at S4489.
On March 10, 1992, the Senate received the fiscal year 1993 budget resolution, H. Con. Res. 287, 102d Cong., 2d Sess., 138 Cong. Rec. H976-82 (daily ed. Mar. 4, 1992), from the House of Representatives, and the presiding officer referred it to the Budget Committee. id. at S3115 (daily ed. Mar. 10, 1992). On March 31, 1992, the Ranking Republican Member of the Budget Committee, Senator Domenici, submitted a concurrent resolution on the budget, S. Con. Res. 104,102d Cong., 2d Sess., 138 Cong. Rec. S4517-21 (daily ed. Mar. 31, 1992), and the presiding officer referred it to the Budget Committee.
Id. at S4501, S4517. When the Senate Budget Committee failed to act on a budget resolution by April 1, 1990, the Senate discharged both H. Con. Res. 287 and S. Con. Res. 104 from the Committee pursuant to section 300 of the Congressional Budget Act of 1974, as amended,” and placed them on the calendar. 138 Cong. Rec. S4635 (daily ed. Apr. 1,1992).
123. Section 301(a) sets forth this requirement. See infra p. 50.
The failure to complete the budget resolution by this deadline has no effect on points of order under the Congressional Budget Act of 1974. 132 Cong. Rec. S10,694 (Aug. 7, 1986). For a table listing historical completion dates, see infra note 130.
124. Section 3(5) defines “appropriation Act” by reference to 1 U.S.C. § 105. See supra p. 16. For the text of 1 U.S.C. § 105 (1988), see supra note 36.
125. Section 303(b) provides this exception. See infra p. 113.
126. Section 307 sets forth this requirement. See infra p. 149.
127. Section 310(f)(1) used to set forth this requirement. See infra note 489. For a table listing historical completion dates, see infra note 491.
128. Section 254(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (see infra p. 541) and title 31 of the United States Code create the following additional deadlines:
| Date: | Action to be Completed: |
| January 21…………………………… | Notification regarding optional adjustment of maximum deficit amount. |
| 5 days before the President’s budget submission………….………… | CBO sequestration preview report. |
| The President’s budget submission | OMB sequestration preview report. |
| July 15………………………………. | The President submits to Congress the mid-session budget review. |
| August 10……………………………… | Notification regarding military personnel. |
| August 15……………………………… | CBO sequestration update report. |
| August 20……………………………… | OMB sequestration update report. |
| 10 days after end of session…..….. | CBO final sequestration report; |
| 15 days after end of session……….. | OMB final sequestration report; Presidential order. |
| 30 days later.………………………… | GAO compliance report. |
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