38 U.S.C. § 8109 — Parking facilities

Page 1309 TITLE 38—VETERANS’ BENEFITS § 8109 of any medical facilities if the acquisition, construc- tion, or alteration (not including exchange) was ap- proved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title. [§ 8107. Repealed. Pub. L. 111–163, title V, § 501(b)(1), May 5, 2010, 124 Stat. 1157] Section, added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5007; amended Pub. L. 99–166, title III, § 302(a)–(c)(1), Dec. 3, 1985, 99 Stat. 955; Pub. L. 99–576, title II, § 222, Oct. 28, 1986, 100 Stat. 3259; renumbered § 8107 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(f)(3), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104–262, title II, § 204, Oct. 9, 1996, 110 Stat. 3188; Pub. L. 105–368, title X, § 1005(b)(18), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 108–170, title II, § 203, Dec. 6, 2003, 117 Stat. 2048, related to operational and construction plans for medical facilities. § 8108. Contributions to local authorities The Secretary may make contributions to local authorities toward, or for, the construc- tion of traffic controls, road improvements, or other devices adjacent to a medical facility if considered necessary for safe ingress or egress. (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5008; renumbered § 8108, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in former section 5001(g) of this title prior to the general revision of this subchapter by Pub. L. 96–22. AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5008 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construc- tion, or alteration (not including exchange) was ap- proved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title. § 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 in- dividual 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 examina- tion or treatment, and the vehicles of visitors and other individuals having business at such fa- cilities, the Secretary— (1) may construct or alter parking facilities, and may acquire, by purchase, lease, con- demnation, 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, con- demnation, donation, exchange, or otherwise, any facility that the Secretary considers nec- essary for use as a parking facility; (3) may operate and maintain parking facili- ties; and (4) notwithstanding subsection (a) of section 1344 of title 31, may use a passenger carrier (as such term is defined in subsection (h)(1) of such section) to transport such an employee between a parking facility and the medical fa- cility of the Department at which the em- ployee works. (c)(1) Except as provided in paragraph (2) of this subsection, each employee, visitor, and other individual having business at a medical fa- cility for which parking fees have been estab- lished 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 fa- cility. (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 connec- tion with such veteran or eligible person seek- ing examination or treatment; or (B) a volunteer worker (as determined in ac- cordance with regulations which the Secretary shall prescribe) in connection with such work- er performing services for the benefit of vet- erans 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 park- ing 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 reason- able 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 de- signed to establish fees which the Secretary de- termines to be reasonable under the cir- Page 1310 TITLE 38—VETERANS’ BENEFITS § 8109 cumstances 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 con- ditions 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 sub- section (g) of this section and parking fees col- lected 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 (includ- ing site acquisition) of a garage at a medical fa- cility 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, construc- tion documents, specifications, and similar ac- tions not directly involved in the physical con- struction of a structure. (i)(1) The expenditure of funds from the revolv- ing fund may be made only for the construction, alteration, and acquisition (including site acqui- sition) of parking facilities at medical facilities and may be made only as provided for in appro- priation 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 (in- cluding any funds proposed in such bill, resolu- tion, or amendment to be appropriated to the re- volving fund) may be expended for a project in- volving a total expenditure of more than $4,000,000 for the construction, alteration, or ac- quisition (including site acquisition) of a park- ing 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. (j) Funds in a construction account or capital account that are available for a construction project or a nonrecurring maintenance project may be used for the construction or relocation of a surface parking lot incidental to that project. (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 59, § 5009; amended Pub. L. 99–576, title II, § 223(a)(1), Oct. 28, 1986, 100 Stat. 3259; re- numbered § 8109 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–79, § 3(b), Aug. 13, 1993, 107 Stat. 771; Pub. L. 104–262, title II, § 207(b), Oct. 9, 1996, 110 Stat. 3190; Pub. L. 105–368, title VII, § 705, Nov. 11, 1998, 112 Stat. 3350; Pub. L. 108–422, title IV, § 415, Nov. 30, 2004, 118 Stat. 2393; Pub. L. 115–141, div. J, title II, § 234, Mar. 23, 2018, 132 Stat. 820.) Editorial Notes 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 2018—Subsec. (b)(4). Pub. L. 115–141 added par. (4). 2004—Subsec. (j). Pub. L. 108–422 added subsec. (j). 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, § 402(b)(1), renumbered section 5009 of this title as this section. Subsecs. (a) to (c). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Subsec. (d)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in con- cluding provisions. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in subpar. (A). Subsecs. (d)(2), (e), (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (i)(2). Pub. L. 102–40, § 402(d)(1), substituted ‘‘8104(a)(2)’’ for ‘‘5004(a)(2)’’. 1986—Pub. L. 99–576 amended section generally, sub- stituting ‘‘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 gen- erally revising and expanding section to require VA to establish and collect reasonable parking fees at all fa- cilities where a garage is constructed or acquired or al- tered 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–576, title II, § 223(b), Oct. 28, 1986, 100 Stat. 3261, provided that: ‘‘(1) Except as provided in paragraphs (2) and (3), the amendments made by this section [amending this sec- tion] 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 subpara- graph (A) is modified, extended, or renewed, such sub- paragraph shall no longer, as of the date of the modi- fication, extension, or renewal, apply to such agree- ment. ‘‘(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 au- thorities 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 appro- priated 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’ Admin- istration [now Department of Veterans Affairs] medical facility.’’ Page 1311 TITLE 38—VETERANS’ BENEFITS § 8110 EFFECTIVE DATE Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construc- tion, or alteration (not including exchange) was ap- proved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title. § 8110. Operation of medical facilities (a)(1) The Secretary shall establish the total number of hospital beds and nursing home beds in medical facilities over which the Secretary has direct jurisdiction for the care and treat- ment of eligible veterans. The Secretary shall establish the total number of such beds so as to maintain a contingency capacity to assist the Department of Defense in time of war or na- tional emergency to care for the casualties of such war or national emergency. Of the number of beds authorized pursuant to the preceding sentence, the Secretary shall maintain the availability of such additional beds and facili- ties in addition to the operating bed level as the Secretary considers necessary for such contin- gency purposes. The President shall include in the Budget transmitted to the Congress for each fiscal year pursuant to section 1105 of title 31, an amount for medical care and amounts for con- struction sufficient to maintain the availability of the contingency capacity referred to in the second sentence of this paragraph. The Sec- retary shall staff and maintain, in such a man- ner as to ensure the immediate acceptance and timely and complete care of patients, and in a manner consistent with the policies of the Sec- retary on overtime, sufficient beds and other treatment capacities to accommodate, and pro- vide such care to, eligible veterans applying for admission and found to be in need of hospital care or medical services. (2) The Secretary shall maintain the bed and treatment capacities of all Department medical facilities, including the staffing required to maintain such capacities, so as to ensure the ac- cessibility and availability of such beds and treatment capacities to eligible veterans in all States, to minimize delays in admissions and in the provision of hospital, nursing home, and domiciliary care, and of medical services fur- nished pursuant to section 1710(a) of this title, and to ensure that eligible veterans are provided such care and services in an appropriate man- ner. (3)(A) The Under Secretary for Health shall at the end of each fiscal year (i) analyze agency- wide admission policies and the records of those eligible veterans who apply for hospital care, medical services, and nursing home care, but are rejected or not immediately admitted or pro- vided such care or services, and (ii) review and make recommendations regarding the adequacy of staff levels for compliance with the policy es- tablished under subparagraph (C), the adequacy of the established operating bed levels, the geo- graphic distribution of operating beds, the de- mographic characteristics of the veteran popu- lation and the associated need for medical care and nursing home facilities and services in each State, and the proportion of the total number of operating beds that are hospital beds and that are nursing home beds. (B) After considering the analyses and rec- ommendations of the Under Secretary for Health pursuant to subparagraph (A) of this paragraph for any fiscal year, the Secretary shall report to the committees, on or before De- cember 1 after the close of such fiscal year, on the results of the analysis of the Under Sec- retary for Health and on the numbers of oper- ating beds and level of treatment capacities re- quired to enable the Department to carry out the primary function of the Veterans Health Ad- ministration. The Secretary shall include in each such report recommendations for (i) the numbers of operating beds and the level of treat- ment capacities required for the health care of veterans and the maintenance of the contin- gency capacity referred to in paragraph (1) of this subsection, and (ii) the appropriate staffing and funds therefor. (C) The Secretary shall, in consultation with the Under Secretary for Health, establish a na- tionwide policy on the staffing of Department medical facilities in order to ensure that such facilities have adequate staff for the provision to veterans of appropriate, high-quality care and services. The policy shall take into account the staffing levels and mixture of staff skills re- quired for the range of care and services pro- vided veterans in Department facilities. (4)(A) With respect to each law making appro- priations for the Department for any fiscal year (or any part of a fiscal year), there shall be pro- vided to the Department the funded personnel ceiling defined in subparagraph (C) of this para- graph and the funds appropriated therefor. (B) In order to carry out the provisions of sub- paragraph (A) of this paragraph, the Director of the Office of Management and Budget shall, with respect to each such law (i) provide to the Department for the fiscal year (or part of a fis- cal year) concerned such funded personnel ceil- ing and the funds necessary to achieve such ceil- ing, and (ii) submit to the appropriate commit- tees of the Congress and to the Comptroller Gen- eral of the United States certification that the Director has so provided such ceiling. Not later than the thirtieth day after the enactment of such a law or, in the event of the enactment of such a law more than thirty days prior to the fiscal year for which such law makes such ap- propriations, not later than the tenth day of such fiscal year, the certification required in the first sentence of this subparagraph shall be sub- mitted, together with a report containing com- plete information on the personnel ceiling that the Director has provided to the Department for the employees described in subparagraph (C) of this paragraph. (C) For the purposes of this paragraph, the term ‘‘funded personnel ceiling’’ means, with re- spect to any fiscal year (or part of a fiscal year), the authorization by the Director of the Office of Management and Budget to employ (under the appropriation accounts for medical care, medical and prosthetic research, and medical administration and miscellaneous operating ex- penses) not less than the number of employees for the employment of which appropriations have been made for such fiscal year (or part of a fiscal year). (5) Notwithstanding any other provision of this title or of any other law, funds appropriated