# Sticky  Dept of Veterans Affairs, 38 CFR -- Access Issues



## ILGHAUS

Access Issues (Security and Law Enforcement) are addressed by Congress and signed into law by the President. 

"Access to VA facilities by service dogs accompanying individuals with disabilities is controlled by 40 U.S.C. 3103, which states: “Guide dogs or other service animals accompanying individuals with disabilities and especially trained and educated for that purpose shall be admitted to any building or other property owned or controlled by the Federal Government on the same terms and conditions, and subject to the same regulations, as generally govern the admission of the public to the property.” 40 U.S.C. 3103(a). The VA regulation that currently controls the access of animals to VA facilities is found at 38 CFR 1.218(a)(11), and we are in the process of amending § 1.218(a)(11) to be fully compliant with 40 U.S.C. 3103(a)."


Military Issues are covered by Congress via Public Law/United States Code U.S.C. and signed by the President. From there various Agencies are mandated to oversee/administer the laws which is called Regulatory Law. 

*Title 38 of the Code of Federal Regulations is the legislation governing the U.S. Department of Veterans Affairs.*

There has been major confusion as both United States Code / Public Law and U.S. Department of Veterans Affairs / Agency Regulatory Law on Service Dog issues were being addressed and changed at the same time. To further complicate matters their definitions vary. A key that was brought up in several discussions lately with Kirsten Richards of Service Dog Central is the Issue of Access was by Congress in a change in Public Law and the Issue of Additional Benefits was by the Dept. of Veterans Affairs in a change in their Regulatory Law.


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## ILGHAUS

The new SD Access Law onto Federal Property was signed into law by the President on Aug 06, 2012.

Unlike the Dept. of Veterans Affairs Regulatory Law (limiting types of Service Dogs for new benefits) this new law passed by Congress is open to all types of Service Dogs. 

Limitation is that it states: 
" For purposes of this subsection, a covered service dog is a service dog that has been trained by an entity that is accredited by an appropriate accrediting body that evaluates and accredits organizations which train guide or service dogs."

Currently "an appropriate accrediting body" is not mentioned by name in this law. If they expanded this by mentioning specific accrediting organization they would have to amend the law or pass a new law with each addition or deletion to the list of accrediting organizations.

In reading this Access Law it is important to remember that this concerns access to "to any building or other property owned or controlled by the Federal Government" and not Public Access Rights of handlers of private property addressed by Title III of the ADA such as malls, restaurants, banks etc.


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## ILGHAUS

Access to VA Facilities

Previous (Note glaring error using term seeing-eye dogs instead of guide dogs:

CHAPTER I: DEPARTMENT OF VETERANS AFFAIRS
PART 1: GENERAL PROVISIONS
: Security and Law Enforcement at Department of Veterans Affairs Facilities
1.218 - Security and law enforcement at VA facilities.
(Authority: 38 U.S.C. 901)
[50 FR 29226, July 18, 1985]

Quote:
(11) Dogs and other animals. Dogs and other animals, except seeing-eye dogs, shall not be brought upon property except as authorized by the head of the facility or designee.

38 CFR 1.218 - Security and law enforcement at VA facilities. - Code of Federal Regulations - Title 38: Pensions, Bonuses, and Veterans' Relief - PART 1: GENERAL PROVISIONS - Id 19775619 - vLex


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## ILGHAUS

*Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012*

H.R. 1627 (112th): Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

112th Congress, 2011–2013. Text as of Aug 02, 2012 (Passed Congress/Enrolled Bill).

SEC. 109. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT OF VETERANS AFFAIRS.

Section 901 is amended by adding at the end the following new subsection:

‘(f)(1) The Secretary may not prohibit the use of a covered service dog in any facility or on any property of the Department or in any facility or on any property that receives funding from the Secretary.

‘(2) For purposes of this subsection, a covered service dog is a service dog that has been trained by an entity that is accredited by an appropriate accrediting body that evaluates and accredits organizations which train guide or service dogs.’

Full Text of H.R. 1627 (112th): Honoring America?s Veterans and Caring for Camp Lejeune Families Act of 2012 - GovTrack.us


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