§303. 31 USC 1103 – Budget Ceiling

Title 31, U.S. Code (Selected)

31 U.S.C § 1103

Subtitle II—The Budget Process

Chapter 11—The Budget and Fiscal, Budget, and Program Information

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§1103. Budget ceiling

Congress reaffirms its commitment that budget outlays of the United States Government for a fiscal year may be not more than the receipts of the Government for that year.

 

 

 

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Counsel Notes

Though the terms of the section “affirms” the “commitment” of Congress to enact budgets in which receipts are greater than spending, typically known as a “balanced budget” this section of law has no enforcement mechanism and indicates an intent that carries no method by which it may be accomplished.

Reference in Section 258(b) of the Balanced Budget and Emergency Deficit Control Act of 1985

Section 258 (b) (BBEDCA) refers to this section and deactivates its applicability during times of low-growth or hostilities. The reference is likely mistaken, as Bob Keith (former CRS researcher on budget matters without peer) in a number of CRS Reports:

31 U.S.C. 1103. Section 258(b) also would have suspended another provision of law, 31 U.S.C. 1103, which generally states Congress’s commitment to the goal of avoiding deficits.14 However, this reference probably is mistaken. Another provision of Title 31 — 31 U.S.C. 1105(f) — required the President’s annual budget submission to comply with the deficit targets established in the 1985 Balanced Budget Act. This requirement was terminated several years later when the use of deficit targets was abandoned. Presumably, the drafters of Section 258(b) had intended to refer to Section 1105(f), not Section 1103. In any event, Section 1103 does not contain any enforcement mechanism, merely a policy exhortation.

See Congressional Research Service. Suspension of Budget Enforcement Procedures During Hostilities Abroad, by Robert Keith, RS20182 (Washington: Updated July 27, 2001); Congressional Research Service. Suspension of Budget Enforcement Procedures During Low Economic Growth, by Robert Keith, RS20182 (Washington: Updated May 7, 2008) p. 9.

 Codification History

Section 1103 was enacted in the 95th Congress as section 7 of Bretton Woods Agreements Act, Amendments of 1978 (Pub. L. 95–435):

Sec. 7. Beginning with fiscal year 1981, the total budget outlays of the Federal Government shall not exceed its receipts.

The section was restated in 96th Congress in Pub. L. 96–389, an act to amend the Bretton Woods Agreement Amendments Act of 1978:

Sec. 3. Strike section 7 of Public Law 95-435, the Bretton Woods Agreements Act Amendments of 1978, which reads: “Beginning with Fiscal Year 1981, the total budget outlays of the Federal Government shall not exceed its receipts.”, and insert in lieu thereof: “The Congress reaffirms its commitment that beginning with Fiscal Year 1981, the total budget outlays of the Federal Government shall not exceed its receipts.”.

Law Revision Counsel, through its editorial authority, made certain non-substantive changes so that it reads in its current form. Revision Counsel describes its actions this way: 

The word “total” is omitted as surplus. The words “for a fiscal year” are substituted for “beginning with Fiscal Year 1981” because of the restatement and to eliminate executed words. The words “for that year” are added because of the restatement.

Legislative History Notes
Public Laws

Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 908 (Title 31 Codification and Revision of 1982).

Historical and Revision Notes
Revised Section Source         (U.S. Code) Source (Statutes at Large)
1103 31:27. Oct. 10, 1978, Pub. L. 95–435, §7, 92 Stat. 1053 ; restated Oct. 7, 1980, Pub. L. 96–389, §3, 94 Stat. 1553 .

 

 

 

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[BCR § 303]