§ 3101. Public debt limit

§ 3101. Public debt limit

(a) In this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation.

(b) The face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) may not be more than $14,294,000,000,000, outstanding at one time, subject to changes periodically made in that amount as provided by law through the congressional budget process described in Rule XLIX 11 See References in Text note below. of the Rules of the House of Representatives or as provided by section 3101A or otherwise.

(c) For purposes of this section, the face amount, for any month, of any obligation issued on a discount basis that is not redeemable before maturity at the option of the holder of the obligation is an amount equal to the sum of—

(1) the original issue price of the obligation, plus

(2) the portion of the discount on the obligation attributable to periods before the beginning of such month (as determined under the principles of section 1272(a) of the Internal Revenue Code of 1986 without regard to any exceptions contained in paragraph (2) of such section).

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 938; Pub. L. 98–34, § 1(a), May 26, 1983, 97 Stat. 196; Pub. L. 98–161, Nov. 21, 1983, 97 Stat. 1012; Pub. L. 98–342, § 1(a), July 6, 1984, 98 Stat. 313; Pub. L. 98–475, Oct. 13, 1984, 98 Stat. 2206; Pub. L. 99–177, § 1, Dec. 12, 1985, 99 Stat. 1037; Pub. L. 99–384, Aug. 21, 1986, 100 Stat. 818; Pub. L. 100–119, § 1, Sept. 29, 1987, 101 Stat. 754; Pub. L. 101–72, § 2, Aug. 7, 1989, 103 Stat. 182; Pub. L. 101–140, § 1, Nov. 8, 1989, 103 Stat. 830; Pub. L. 101–508, title XI, § 11901[(a)], Nov. 5, 1990, 104 Stat. 1388–560; Pub. L. 103–66, title XIII, § 13411(a), Aug. 10, 1993, 107 Stat. 565; Pub. L. 104–121, title III, § 301, Mar. 29, 1996, 110 Stat. 875; Pub. L. 105–33, title V, § 5701, Aug. 5, 1997, 111 Stat. 648; Pub. L. 107–199, § 1, June 28, 2002, 116 Stat. 734; Pub. L. 108–24, May 27, 2003, 117 Stat. 710; Pub. L. 108–415, § 1, Nov. 19, 2004, 118 Stat. 2337; Pub. L. 109–182, Mar. 20, 2006, 120 Stat. 289; Pub. L. 110–91, Sept. 29, 2007, 121 Stat. 988; Pub. L. 110–289, div. C, title III, § 3083, July 30, 2008, 122 Stat. 2908; Pub. L. 110–343, div. A, title I, § 122, Oct. 3, 2008, 122 Stat. 3790; Pub. L. 111–5, div. B, title I, § 1604, Feb. 17, 2009, 123 Stat. 366; Pub. L. 111–123, § 1, Dec. 28, 2009, 123 Stat. 3483; Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8; Pub. L. 112–25, title III, § 301(a)(1), Aug. 2, 2011, 125 Stat. 251.)

In subsection (a), the words “is deemed to be” are substituted for “shall be considered . . . to be” because a legal fiction is intended.

Editorial Notes

References in Text

The Rules of the House of Representatives for the One Hundred Sixth Congress were adopted and amended generally by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Provisions formerly appearing in Rule XLIX, referred to in subsec. (b), were contained in Rule XXIII, which was subsequently repealed by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Section 1272(a) of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to section 1272(a) of Title 26, Internal Revenue Code.

Amendments

2011—Subsec. (b). Pub. L. 112–25 substituted “or as provided by section 3101A or otherwise” for “or otherwise”.

2010—Subsec. (b). Pub. L. 111–139 substituted “$14,294,000,000,000” for “$12,394,000,000,000”.

2009—Subsec. (b). Pub. L. 111–123 substituted “$12,394,000,000,000” for “$12,104,000,000,000”.

Pub. L. 111–5 substituted “$12,104,000,000,000” for “$11,315,000,000,000”.

2008—Subsec. (b). Pub. L. 110–343 substituted “$11,315,000,000,000” for “$10,615,000,000,000”.

Pub. L. 110–289 substituted “$10,615,000,000,000” for “$9,815,000,000,000”.

2007—Subsec. (b). Pub. L. 110–91 substituted “$9,815,000,000,000” for “$8,965,000,000,000”.

2006—Subsec. (b). Pub. L. 109–182 substituted “$8,965,000,000,000” for “$8,184,000,000,000”.

2004—Subsec. (b). Pub. L. 108–415 substituted “$8,184,000,000,000” for “$7,384,000,000,000”.

2003—Subsec. (b). Pub. L. 108–24 substituted “$7,384,000,000,000” for “$6,400,000,000,000”.

2002—Subsec. (b). Pub. L. 107–199 substituted “$6,400,000,000,000” for “$5,950,000,000,000”.

1997—Subsec. (b). Pub. L. 105–33 substituted “$5,950,000,000,000” for “$5,500,000,000,000”.

1996—Subsec. (b). Pub. L. 104–121 substituted “$5,500,000,000,000” for “$4,900,000,000,000”.

1993—Subsec. (b). Pub. L. 103–66 substituted “$4,900,000,000,000” for “$4,145,000,000,000”.

1990—Subsec. (b). Pub. L. 101–508 substituted “$4,145,000,000,000” for “$3,122,700,000,000”.

1989—Subsec. (b). Pub. L. 101–140 substituted “$3,122,700,000,000” for “$2,800,000,000,000”.

Subsec. (c). Pub. L. 101–72 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The face amount of beneficial interests and participations (except those held by their issuer) issued under section 302(c) of the National Housing Act (12 U.S.C. 1717(c)) from July 1, 1967, through June 30, 1968, and outstanding at any time shall be included in the amount taken into account in deciding whether the face amount requirement of subsection (b) of this section has been exceeded. This subsection does not require a change in the budgetary accounting for beneficial interests and participations.”

1987—Subsec. (b). Pub. L. 100–119 substituted “$2,800,000,000,000” for “$2,111,000,000,000”.

1986—Subsec. (b). Pub. L. 99–384, which directed that subsec. (b) be amended by “striking out the dollar limitation contained in such subsection and inserting in lieu thereof ‘$2,111,000,000,000,’ ”, was executed by substituting “$2,111,000,000,000,” for “$1,847,800,000,000, or $2,078,700,000,000 on and after October 1, 1985,” as the probable intent of Congress.

1985—Subsec. (b). Pub. L. 99–177 substituted “$1,847,800,000,000, or $2,078,700,000,000 on and after October 1, 1985” for “$1,575,700,000,000, or $1,823,800,000,000 on and after October 1, 1984”.

1984—Subsec. (b). Pub. L. 98–475 substituted “$1,575,700,000,000, or $1,823,800,000,000 on and after October 1, 1984,” for “$1,573,000,000,000”.

Pub. L. 98–342 substituted “$1,573,000,000,000” for “$1,389,000,000,000, or $1,490,000,000,000 on and after October 1, 1983,”.

1983—Subsec. (b). Pub. L. 98–161 inserted “, or $1,490,000,000,000 on and after October 1, 1983,” after “$1,389,000,000,000”.

Pub. L. 98–34 substituted “$1,389,000,000,000” for “$400,000,000,000”.

Statutory Notes and Related Subsidiaries

Temporary Debt Limit Extension

Pub. L. 119–21, title VII, § 72001, July 4, 2025, 139 Stat. 332, provided that: “The limitation under section 3101(b) of title 31, United States Code, as most recently increased by section 401(b) of Public Law 118–5 (31 U.S.C. 3101 note), is increased by $5,000,000,000,000.”

Pub. L. 118–5, div. D, § 401, June 3, 2023, 137 Stat. 48, provided that: “(a) In General.—Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of the enactment of this Act [June 3, 2023] and ending on January 1, 2025. “(b) Special Rule Relating to Obligations Issued During Extension Period.—Effective on January 2, 2025, the limitation in effect under section 3101(b) of title 31, United States Code, shall be increased to the extent that—“(1) the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on January 2, 2025, exceeds “(2) the face amount of such obligations outstanding on the date of the enactment of this Act. “(c) Restoring Congressional Authority Over the National Debt.—“(1) Extension limited to necessary obligations.—An obligation shall not be taken into account under subsection (b)(1) unless the issuance of such obligation was necessary to fund a commitment incurred pursuant to law by the Federal Government that required payment before January 2, 2025. “(2) Prohibition on creation of cash reserve during extension period.—The Secretary of the Treasury shall not issue obligations during the period specified in subsection (a) for the purpose of increasing the cash balance above normal operating balances in anticipation of the expiration of such period.”

Pub. L. 117–73, Dec. 16, 2021, 135 Stat. 1514, provided: “That the limitation under section 3101(b) of title 31, United States Code, as most recently increased by Public Law 117–50 (31 U.S.C. 3101 note), is increased by $2,500,000,000,000.”

Pub. L. 117–50, § 1, Oct. 14, 2021, 135 Stat. 407, provided that: “The limitation under section 3101(b) of title 31, United States Code, as most recently increased by section 301 of the Bipartisan Budget Act of 2019 [Pub. L. 116–37] (31 U.S.C. 3101 note), is increased by $480,000,000,000.”

Pub. L. 116–37, title III, § 301, Aug. 2, 2019, 133 Stat. 1057, provided that: “(a) In General.—Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of the enactment of this Act [Aug. 2, 2019] and ending on July 31, 2021. “(b) Special Rule Relating to Obligations Issued During Extension Period.—Effective on August 1, 2021, the limitation in effect under section 3101(b) of title 31, United States Code, shall be increased to the extent that—“(1) the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on August 1, 2021, exceeds “(2) the face amount of such obligations outstanding on the date of the enactment of this Act. “(c) Extension Limited to Necessary Obligations.—An obligation shall not be taken into account under subsection (b)(1) unless the issuance of such obligation was necessary to fund a commitment incurred pursuant to law by the Federal Government that required payment before August 1, 2021.”

Pub. L. 115–123, div. C, title III, § 30301, Feb. 9, 2018, 132 Stat. 132, provided that: “(a) In General.—Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of the enactment of this Act [Feb. 9, 2018] and ending on March 1, 2019. “(b) Special Rule Relating to Obligations Issued During Extension Period.—Effective on March 2, 2019, the limitation in effect under section 3101(b) of title 31, United States Code, shall be increased to the extent that—“(1) the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on March 2, 2019, exceeds “(2) the face amount of such obligations outstanding on the date of the enactment of this Act. “(c) Restoring Congressional Authority Over the National Debt.—“(1) Extension limited to necessary obligations.—An obligation shall not be taken into account under subsection (b)(1) unless the issuance of such obligation was necessary to fund a commitment incurred pursuant to law by the Federal Government that required payment before March 2, 2019. “(2) Prohibition on creation of cash reserve during extension period.—The Secretary of the Treasury shall not issue obligations during the period specified in subsection (a) for the purpose of increasing the cash balance above normal operating balances in anticipation of the expiration of such period.”