
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC8109]

 
                      TITLE 38--VETERANS' BENEFITS
 
            PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
 
   CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY 
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY
 
      SUBCHAPTER I--ACQUISITION AND OPERATION OF MEDICAL FACILITIES
 
Sec. 8109. Parking facilities

    (a) For the purpose of this section--
        (1) The term ``garage'' means a structure (or part of a 
    structure) in which vehicles may be parked.
        (2) The term ``parking facility'' includes--
            (A) a surface parking lot; and
            (B) a garage.

        (3) The term ``eligible person'' means an individual to whom the 
    Secretary is authorized to furnish medical examination or treatment.

    (b) In order to accommodate the vehicles of employees of medical 
facilities, vehicles used to transport veterans and eligible persons to 
or from such facilities for the purpose of examination or treatment, and 
the vehicles of visitors and other individuals having business at such 
facilities, the Secretary--
        (1) may construct or alter parking facilities, and may acquire, 
    by purchase, lease, condemnation, donation, exchange, or otherwise, 
    such land or interests in land as the Secretary considers necessary 
    for use as the site for any such construction or alteration;
        (2) may acquire, by purchase, lease, condemnation, donation, 
    exchange, or otherwise, any facility that the Secretary considers 
    necessary for use as a parking facility; and
        (3) may operate and maintain parking facilities.

    (c)(1) Except as provided in paragraph (2) of this subsection, each 
employee, visitor, and other individual having business at a medical 
facility for which parking fees have been established under subsection 
(d) or (e) of this section shall be charged the applicable parking fee 
for the use of a parking facility at such medical facility.
    (2) A parking fee shall not be charged under this subsection for the 
accommodation of any vehicle used to transport to or from a medical 
facility--
        (A) a veteran or eligible person in connection with such veteran 
    or eligible person seeking examination or treatment; or
        (B) a volunteer worker (as determined in accordance with 
    regulations which the Secretary shall prescribe) in connection with 
    such worker performing services for the benefit of veterans 
    receiving care at a medical facility.

    (3) The Secretary shall collect (or provide for the collection of) 
parking fees charged under this subsection.
    (d)(1) For each medical facility where funds from the revolving fund 
described in subsection (h) of this section are expended for--
        (A) a garage constructed or acquired by the Department at a cost 
    exceeding $500,000 (or, in the case of acquisition by lease, 
    $100,000 per year); or
        (B) a project for the alteration of a garage at a cost exceeding 
    $500,000,

the Secretary shall prescribe a schedule of parking fees to be charged 
at all parking facilities used in connection with such medical facility.
    (2) The parking fee schedule prescribed for a medical facility 
referred to in paragraph (1) of this subsection shall be designed to 
establish fees which the Secretary determines are reasonable under the 
circumstances.
    (e) The Secretary may prescribe a schedule of parking fees for the 
parking facilities at any medical facility not referred to in subsection 
(d) of this section. Any such schedule shall be designed to establish 
fees which the Secretary determines to be reasonable under the 
circumstances and shall cover all parking facilities used in connection 
with such medical facility.
    (f) The Secretary may contract (by lease or otherwise) for the 
operation of parking facilities at medical facilities under such terms 
and conditions as the Secretary prescribes and may do so without regard 
to laws requiring full and open competition.
    (g) Subject to subsections (h) and (i) of this section, there are 
authorized to be appropriated such amounts as are necessary to finance 
(in whole or in part) the construction, alteration, and acquisition 
(including site acquisition) of parking facilities at medical 
facilities.
    (h)(1) Amounts appropriated pursuant to subsection (g) of this 
section and parking fees collected under subsection (c) of this section 
shall be administered as a revolving fund and shall be available without 
fiscal year limitation.
    (2) The revolving fund shall be deposited in a checking account with 
the Treasurer of the United States.
    (3)(A) Except as provided in subparagraph (B) of this paragraph, no 
funds other than funds from the revolving fund may be expended for the 
construction, alteration, or acquisition (including site acquisition) of 
a garage at a medical facility after September 30, 1986.
    (B) Subparagraph (A) of this paragraph does not apply to the use of 
funds for investigations and studies, surveys, designs, plans, 
construction documents, specifications, and similar actions not directly 
involved in the physical construction of a structure.
    (i)(1) The expenditure of funds from the revolving fund may be made 
only for the construction, alteration, and acquisition (including site 
acquisition) of parking facilities at medical facilities and may be made 
only as provided for in appropriation Acts.
    (2) For the purpose of section 8104(a)(2) of this title, a bill, 
resolution, or amendment which provides that funds in the revolving fund 
(including any funds proposed in such bill, resolution, or amendment to 
be appropriated to the revolving fund) may be expended for a project 
involving a total expenditure of more than $4,000,000 for the 
construction, alteration, or acquisition (including site acquisition) of 
a parking facility or facilities at a medical facility shall be 
considered to be a bill, resolution, or amendment making an 
appropriation which may be expended for a major medical facility 
project.

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93 Stat. 
59, Sec. 5009; amended Pub. L. 99-576, title II, Sec. 223(a)(1), Oct. 
28, 1986, 100 Stat. 3259; renumbered Sec. 8109 and amended Pub. L. 102-
40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; 
Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
Stat. 404, 405; Pub. L. 103-79, Sec. 3(b), Aug. 13, 1993, 107 Stat. 771; 
Pub. L. 104-262, title II, Sec. 207(b), Oct. 9, 1996, 110 Stat. 3190; 
Pub. L. 105-368, title VII, Sec. 705, Nov. 11, 1998, 112 Stat. 3350.)


                            Prior Provisions

    Provisions similar to those comprising this section were contained 
in former section 5004 of this title prior to the general revision of 
this subchapter by Pub. L. 96-22.


                               Amendments

    1998--Subsec. (i)(2). Pub. L. 105-368 substituted ``$4,000,000'' for 
``$3,000,000''.
    1996--Subsec. (h)(3)(B). Pub. L. 104-262 substituted ``construction 
documents'' for ``working drawings''.
    1993--Subsec. (i)(2). Pub. L. 103-79 substituted ``$3,000,000'' for 
``$2,000,000''.
    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5009 of 
this title as this section.
    Subsecs. (a) to (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in concluding provisions.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in subpar. (A).
    Subsecs. (d)(2), (e), (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (i)(2). Pub. L. 102-40, Sec. 402(d)(1), substituted 
``8104(a)(2)'' for ``5004(a)(2)''.
    1986--Pub. L. 99-576 amended section generally, substituting 
``Parking facilities'' for ``Garages and parking facilities'' in section 
catchline and substituting present provisions consisting of subsecs. (a) 
to (i) for former provisions consisting of subsecs. (a) to (c), and 
generally revising and expanding section to require VA to establish and 
collect reasonable parking fees at all facilities where a garage is 
constructed or acquired or altered at a cost of more than $500,000 (or 
leased for more than $100,000 per year), and allowing discretionary paid 
parking at all other facilities.


                    Effective Date of 1986 Amendment

    Section 223(b) of Pub. L. 99-576 provided that:
    ``(1) Except as provided in paragraphs (2) and (3), the amendments 
made by this section [amending this section] shall take effect on the 
date of the enactment of this Act [Oct. 28, 1986].
    ``(2)(A) The amendments made by this section shall not abrogate the 
provisions of a collective bargaining agreement which, on the date of 
the enactment of this Act, is in effect and includes a provision which 
specifies a termination date for such agreement.
    ``(B) After the date of the enactment of this Act, if a collective 
bargaining agreement described in subparagraph (A) is modified, 
extended, or renewed, such subparagraph shall no longer, as of the date 
of the modification, extension, or renewal, apply to such agreement.
    ``(C) In the case of a collective bargaining agreement which on such 
date of enactment is in effect but has no provision which specifies a 
termination date, the authorities and requirements in section 5009 [now 
8109] of title 38, United States Code, as amended by subsection (a)(1) 
of this section, to establish and collect parking fees shall take effect 
on January 1, 1988.
    ``(3) Section 5009 [now 8109] of title 38, United States Code, as 
amended by subsection (a)(1) of this section, shall not apply to the 
expenditure of funds appropriated for a fiscal year prior to fiscal year 
1987 for the construction, alteration, or acquisition (including site 
acquisition) of a parking facility at a Veterans' Administration [now 
Department of Veterans Affairs] medical facility.''
