Title 49TransportationRelease 119-73

§48108 Availability and uses of amounts

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART C— - FINANCING › Chapter CHAPTER 481— - AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS › § 48108

Last updated Apr 6, 2026|Official source

Summary

Amounts equal to those in sections 48101–48105 stay in the Trust Fund until appropriated. The Fund may pay only programs in this chapter; DOT admin costs only as allowed by 48104. For fiscal years beginning after September 30, 1998, the Secretary may use 48104 amounts only if a law expressly amends it.

Full Legal Text

Title 49, §48108

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(a)Amounts equal to the amounts authorized under section 48101–48105 of this title remain in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) until appropriated for the purposes of section 48101–48105.
(b)(1)Amounts in the Fund may be appropriated only to carry out a program or activity referred to in this chapter.
(2)Amounts in the Fund may be appropriated for administrative expenses of the Department of Transportation or a component of the Department only to the extent authorized by section 48104 of this title.
(c)In a fiscal year beginning after September 30, 1998, the Secretary of Transportation may obligate or expend an amount appropriated out of the Fund under section 48104 of this title only if a law expressly amends section 48104.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 48108(a)49 App.:2202(a)(24).Sept. 3, 1982, Pub. L. 97–248, § 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, § 103(c)(1), 101 Stat. 1488. 49 App.:2205(e)(2).Sept. 3, 1982, Pub. L. 97–248, § 506(e)(2), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, § 105(g)(3), 101 Stat. 1494. 48108(b)(1)49 App.:2205(e)(1).Sept. 3, 1982, Pub. L. 97–248, § 506(e)(1), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, § 105(d)(1), 101 Stat. 1493. 48108(b)(2)49 App.:2205(e)(3).Sept. 3, 1982, Pub. L. 97–248, § 506(e)(3), 96 Stat. 679. 48108(c)49 App.:2205(e)(5).Sept. 3, 1982, Pub. L. 97–248, § 506(e)(5), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, § 105(d)(2), 101 Stat. 1493; Oct. 31, 1992, Pub. L. 102–581, § 103(c)(2), 106 Stat. 4877. In subsection (a), the words “for each fiscal year” are omitted as surplus. In subsection (b)(1), the words “Notwithstanding any other provision of law to the contrary” are omitted as surplus. The reference to “this chapter” is intended to include section 48106 and 48107 of the revised title for accuracy because the source provisions for those sections were enacted after the source provisions being restated in this section. In subsection (b)(2), the words “for any fiscal year” are omitted as surplus. In subsection (c), the words “be construed as” and “the purposes described in” are omitted as surplus.

Editorial Notes

Amendments

1996—Subsec. (c). Pub. L. 104–264 substituted “1998” for “1996”. 1994—Subsec. (c). Pub. L. 103–305 substituted “1996” for “1995”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

Reference

Citations & Metadata

Citation

49 U.S.C. § 48108

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73