Pursuant to 38 U.S.C. 901, VA may
prescribe rules to provide for the maintenance of law and order and
the protection of persons and property on VA property. VA
implements this authority in regulations at 38 CFR 1.218 pertaining
to security and law enforcement. This final rule will amend §
1.218(a)(11) to require VA facilities to permit service animals on
VA property consistent with 40 U.S.C. 3103 (section 3103) and
Public Law 112-154, § 109, 126 Stat. 1165 (2012) (section 109).
Section 3103(a) provides that guide dogs or other service animals
accompanying individuals with disabilities and especially trained
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.
Section 109 provides that VA specifically may not prohibit the use
of a covered service dog in any VA facility, on any VA property, or
in any facility or on any property that receives funding from VA,
and further defines a covered service dog as 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. Current 38 CFR 1.218(a)(11), however,
reads that 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. Our current regulation can be interpreted
to allow the head of a VA facility or designee to bar access to all
animals other than seeing-eye dogs, which is inconsistent with both
section 3103(a) and section 109. We therefore revise our regulation
to be consistent with the requirements in section 3103(a) and
section 109. The collection associated with this regulation
revision only applies to those service dogs that would be staying
on VA property with a veteran for extended periods of time while
that Veteran is being treated in a residential treatment setting.
This collection is not associated with the basic entry of a service
dog generally on VA property. This collection is also associated
with the entry of Animal Assisted Therapy (AAT) and Animal Assisted
Activity (AAA) animals on VA property, and residential animals on
VA residential units.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
AO39 Final Rule.doc
Verification of Service Dog Immunization