38 USC 8109 - Parking facilities

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 Puspan. L. 96–22.

Amendments

2018—Subsec. (span)(4). Puspan. L. 115–141 added par. (4).

2004—Subsec. (j). Puspan. L. 108–422 added subsec. (j).

1998—Subsec. (i)(2). Puspan. L. 105–368 substituted “$4,000,000” for “$3,000,000”.

1996—Subsec. (h)(3)(B). Puspan. L. 104–262 substituted “construction documents” for “working drawings”.

1993—Subsec. (i)(2). Puspan. L. 103–79 substituted “$3,000,000” for “$2,000,000”.

1991—Puspan. L. 102–40, § 402(span)(1), renumbered section 5009 of this title as this section.

Subsecs. (a) to (c). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (d)(1). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in concluding provisions.

Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in subpar. (A).

Subsecs. (d)(2), (e), (f). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (i)(2). Puspan. L. 102–40, § 402(d)(1), substituted “8104(a)(2)” for “5004(a)(2)”.

1986—Puspan. 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Puspan. L. 99–576, title II, § 223(span), 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 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.”

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, construction, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Puspan. L. 96–22, set out as a note under section 8101 of this title.