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(1) which are specifically exempted from disclosure by law; or

(2) which the Director determines will disclose -

(A) matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States;

(B) information relating to trade secrets or financial or commercial information pertaining specifically to a given person if the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person; or

(C) personnel or medical data or similar data the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

unless the portions containing such matters, information, or data have been excised.

(d) INFORMATION OBTAINED FOR COMMITTEES AND MEMBERS. Subsection (a) lo shall apply to any information, data, estimates, and statistics obtained at the request of any committee, joint committee, or Member unless such committee, joint committee, or Member has instructed the Director not to make such information, data, estimates, or statistics available for public copying.

TITLE III
CONGRESSIONAL
BUDGET PROCESS

TIMETABLE

SEC. 300.10 The timetable with respect to the congressional budget process for any fiscal year is as follows:108

107

Section 300 is codified as amended at 2 U.S.C. § 631.

108

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 § 904 infra p. 295, 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. See 132 CONG. Rec. S10,694 (Aug. 7, 1986).

Section 201(b) of Gramm-Rudman-Hollings revised section 300. See infra p. 345. As originally enacted in 1974, section 300 read as follows:

SEC. 300. The timetable with respect to the congressional budget
process

for
any
fiscal

year is as follows:

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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 Bud

get Committees. April 15

Budget Committees report first concurrent resolu

tion 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 con-
current resolution on the budget.

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109

Section 13112(a)(4) of the Budget Enforcement Act changed this reference from "First Monday after January 3" to "First Monday in February” (see infra p. 624) to conform to the change that section 13112(c)(1) of the Budget Enforcement Act made to section 1105(a) of title 31 of the United States Code. See infra p. 626. 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, 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 (Dec. 21, 1987) (colloquy between the Chairman of the Budget Committee, Senator Chiles, and the Majority Leader, Senator Byrd).

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.

Sec. 4, H.J. Res. 449, 101st Cong., 1st Sess., 135 CONG. REC. S16,944 (Nov. 21, 1989).

110

Section 1105 of title 31 of the U.S. Code sets forth this requirement.

111

Section 202(1)(1) sets forth this requirement. See supra p. 36.

112

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 (see infra p. 624) changed the deadline for committees' views and estimates in section 301(d) of the Congressional Budget Act (see infra pp. 57-60) from "O]n or before February 25 of each year" to "[w]ithin 6 weeks after the President submits a

113

mates to Budget Commit

tees. Senate Budget Committee reports

concurrent resolution on the

April 1

budget.114

112...continued) budget under section 1105(a) of title 31, United States Code," as section 13112(c)(1) of the Budget Enforcement Act (see infra p. 626) 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."

113

Section 301(d) sets forth this requirement. See infra p. 57.

114 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 129 CONG. REC. S4,726 (Apr. 15, 1983); 1984 SEN. J. 216 (Apr. 18, 1984); 136 CONG. REC. S3,696 (Apr. 2, 1990). The Senate will also discharge and place on the calendar any budget resolution submitted after April 1 until the Budget Committee has reported a resolution. See 136 CONG. REC. S4,287 (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 108. (Section 201(b) of Gramm-RudmanHollings changed the entry to read as it does now. See infra p. 345.) On March 24, 1983, the Senate received the fiscal year 1984 budget resolution, H. Con. Res. 91, 98th Cong., 1st Sess. (1983), from the House of Representatives, and the presiding officer referred it to the Budget Committee. 129 CONG. REC. S3,969 (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. S4,726 (April 15, 1983).

Again, on April 9, 1984, the Senate received the fiscal year 1985 budget resolution, H. Con. Res. 280, 98th Cong., 2d Sess. (1984), from the House of Representatives, and the presiding officer referred it to the Budget Committee. 130 CONG. REC. S4,150 (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. S4,722 (Apr. 24, 1984).)

Again, 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. S3,555-60 (Mar. 29, 1990), and the presiding officer referred it to the Budget Committee. 136 CONG. REC. S3,555 (Mar. 29, 1990). When the Senate Budget Committee failed to act on the resolution by April 1, 1990 (a Sunday), the Senate dis

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114 ...continued) charged the resolution from the Committee "[p]ursuant to section 300 of the Congressional Budget Act of 1974," and placed it on the calendar. 136 CONG, REC. S3,696 (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. S4,287-91 (Apr. 5, 1990), and the presiding officer referred it to the Budget Committee. 136 CONG. REC. S4,209, S4,287 (Apr. 5, 1990). 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. 136 CONG. REC. S4,287 (Apr. 5, 1990).

115

Section 301(a) sets forth this requirement. See infra p. 46.

The failure to complete the budget resolution by this deadline has no effect on points of order under the Congressional Budget Act. 132 CONG. REC. S10,694 (Aug. 7, 1986).

For a table listing historical completion dates, see infra note 122.

116

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 30.

117

Section 303(b) provides this exception. See infra p. 89.

118

Section 307 sets forth this requirement. See infra p. 122.

119

Section 310(1)(1) used to set forth this requirement. See infra note 465.

For a table listing historical completion dates, see infra note 467.

120

Section 254(a) of Gramm-Rudman-Hollings (see infra p. 474) and title 31 of the United States Code create the following, additional deadlines:

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