Questions and Answers on the Application of the ADA's Integration Mandate and Olmstead v. L.C. to Employment and Day Services for People With Disabilities; Notice of Availability, 77612-77614 [2023-24989]
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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices
Cultural Affiliation
The cultural items in this notice are
connected to one or more identifiable
earlier groups, tribes, peoples, or
cultures. There is a relationship of
shared group identity between the
identifiable earlier groups, tribes,
peoples, or cultures and one or more
Indian Tribes or Native Hawaiian
organizations. The following types of
information were used to reasonably
trace the relationship: geographical,
archeological, linguistic, oral tradition,
historic evidence, other relevant
information, and expert opinion.
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Determinations
Pursuant to NAGPRA and its
implementing regulations, and after
consultation with the appropriate
Indian Tribes and Native Hawaiian
organizations, the Gilcrease Museum
has determined that:
• The 10 cultural items described
above are reasonably believed to have
been placed with or near individual
human remains at the time of death or
later as part of the death rite or
ceremony and are believed, by a
preponderance of the evidence, to have
been removed from a specific burial site
of a Native American individual.
• There is a relationship of shared
group identity that can be reasonably
traced between the cultural items and
the Delaware Nation, Oklahoma;
Delaware Tribe of Indians; and the
Stockbridge Munsee Community,
Wisconsin.
Requests for Repatriation
Additional, written requests for
repatriation of the cultural items in this
notice must be sent to the Responsible
Official identified in ADDRESSES.
Requests for repatriation may be
submitted by any lineal descendant,
Indian Tribe, or Native Hawaiian
organization not identified in this notice
who shows, by a preponderance of the
evidence, that the requestor is a lineal
descendant or a culturally affiliated
Indian Tribe or Native Hawaiian
organization.
Repatriation of the cultural items in
this notice to a requestor may occur on
or after December 13, 2023. If competing
requests for repatriation are received,
the Gilcrease Museum must determine
the most appropriate requestor prior to
repatriation. Requests for joint
repatriation of the cultural items are
considered a single request and not
competing requests. The Gilcrease
Museum is responsible for sending a
copy of this notice to the Indian Tribes
identified in this notice.
Authority: Native American Graves
Protection and Repatriation Act, 25
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17:12 Nov 09, 2023
Jkt 262001
U.S.C. 3003, and the implementing
regulations, 43 CFR 10.8, 10.10, and
10.14.
Dated: November 1, 2023.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2023–24890 Filed 11–9–23; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1593 (Final)]
Certain Freight Rail Couplers and Parts
Thereof From Mexico
Determination
On the basis of the record 1 developed
in the subject investigation, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that an industry in the United States is
materially injured by reason of imports
of certain freight rail couplers and parts
thereof from Mexico, provided for in
subheadings 8607.30.10 and 7326.90.86
of the Harmonized Tariff Schedule of
the United States, that have been found
by the U.S. Department of Commerce
(‘‘Commerce’’) to be sold in the United
States at less than fair value (‘‘LTFV’’).2 3
Background
The Commission instituted
investigations effective September 28,
2022, following receipt of petitions filed
with the Commission and Commerce by
the Coalition of Freight Coupler
Producers, consisting of McConway &
Torley LLC, Pittsburgh, Pennsylvania,
and the United Steel, Paper and
Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, AFL-CIO,
CLC. The final phase of the
investigations was scheduled by the
Commission following notification of
preliminary determinations by
Commerce that imports of FRCs from
China were subsidized within the
meaning of section 703(b) of the Act (19
U.S.C. 1671b(b)) and sold at LTFV
within the meaning of 733(b) of the Act
(19 U.S.C. 1673b(b)). Notice of the
scheduling of the final phase of the
Commission’s investigations and of a
public hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 88 FR 65153 (September 21, 2023).
3 Chairman David S. Johanson dissenting.
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
Commission, Washington, DC, and by
publishing the notice in the Federal
Register on March 15, 2023 (88 FR
16031). The Commission conducted its
hearing on May 18, 2023. All persons
who requested the opportunity were
permitted to participate.
The investigation schedules became
staggered when Commerce did not align
its antidumping and countervailing duty
investigations for China with its
antidumping duty investigation for
Mexico, and reached earlier final
antidumping and countervailing duty
determinations for China. On July 3,
2023, the Commission issued final
affirmative determinations in its
antidumping and countervailing duty
investigations of certain freight rail
couplers and parts thereof from China
(88 FR 43398, July 7, 2023). Following
notification of a final determination by
Commerce that imports of certain freight
rail couplers and parts thereof from
Mexico were being sold at LTFV within
the meaning of section 735(a) of the Act
(19 U.S.C. 1673d(a)), notice of the
supplemental scheduling of the final
phase of the Commission’s antidumping
duty investigation was given by posting
copies of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register of October 2, 2023 (88 FR
67812).
The Commission made this
determination pursuant to § 735(b) of
the Act (19 U.S.C. 1673d(b)). It
completed and filed its determination in
this investigation on November 6, 2023.
The views of the Commission are
contained in USITC Publication 5470
(November 2023), entitled Certain
Freight Rail Couplers and Parts Thereof
from Mexico: Investigation No. 731–TA–
1593 (Final).
By order of the Commission.
Issued: November 6, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–24881 Filed 11–9–23; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Questions and Answers on the
Application of the ADA’s Integration
Mandate and Olmstead v. L.C. to
Employment and Day Services for
People With Disabilities; Notice of
Availability
Civil Rights Division,
Department of Justice.
ACTION: Notice of availability.
AGENCY:
E:\FR\FM\13NON1.SGM
13NON1
Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices
The U.S. Department of
Justice (Department) is announcing the
availability of a guidance entitled
‘‘Questions and Answers on the
Application of the ADA’s Integration
Mandate and Olmstead v. L.C. to
Employment and Day Services for
People with Disabilities.’’ This guidance
describes how the integration mandate
applies to the provision of employment
and day services in segregated settings.
FOR FURTHER INFORMATION CONTACT:
Rebecca B. Bond, Chief, Disability
Rights Section, Civil Rights Division,
U.S. Department of Justice, at (202) 307–
0663 (voice or TTY) (not a toll-free
number) or ADA.TADocs@usdoj.gov.
Information may also be obtained from
the Department’s toll-free ADA
Information Line at (800) 514–0301
(voice) or (833) 610–1264 (TTY).
You may obtain copies of this Notice
in an alternative format by calling the
ADA Information Line at (800) 514–
0301 (voice) or (833) 610–1264 (TTY).
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
The Department is announcing the
availability of a guidance entitled
‘‘Questions and Answers on the
Application of the ADA’s Integration
Mandate and Olmstead v. L.C. to
Employment and Day Services for
People with Disabilities’’ (‘‘2023
guidance’’). The Department’s
regulation implementing title II of the
Americans with Disabilities Act
(‘‘ADA’’) requires public entities to
‘‘administer services, programs, and
activities in the most integrated setting
appropriate to the needs of qualified
individuals with disabilities.’’ 1 In
Olmstead v. L.C., 527 U.S. 581 (1999),
the Supreme Court, interpreting the
ADA’s integration mandate, held that
title II prohibits the unjustified
segregation of individuals with
disabilities. The Department’s new 2023
guidance describes how the integration
mandate applies to the provision of
employment and day services in
segregated settings.
The Department issued a similar
guidance in 2016, entitled ‘‘Statement of
the Department of Justice on the
Application of the Integration Mandate
of Title II of the Americans with
Disabilities Act and Olmstead v. L.C. to
State and Local Governments’
Employment Service Systems for
Individuals with Disabilities’’ (‘‘2016
guidance’’), which was subsequently
withdrawn in 2017.
The Department’s 2023 guidance
largely incorporates the underlying
1 28
CFR 35.130(d).
VerDate Sep<11>2014
17:12 Nov 09, 2023
Jkt 262001
substance of the withdrawn 2016
guidance, but includes certain new
language as described in more detail
below.
E.O. 13777 and the Withdrawal of the
Department’s 2016 Guidance
In February 2017, the President issued
Executive Order 13777, which required
each agency to create a Regulatory
Reform Task Force to identify regulatory
actions to repeal, replace, or modify.
Pursuant to Executive Order 13777, the
Department developed a Regulatory
Reform Task Force (‘‘Task Force’’),
which published a Request for
Comment in the Federal Register in
June 2017 soliciting public input on
‘‘the various kinds of actions taken by
the Department’s components that the
public perceives to be regulatory in
nature * * *.’’ 2 The Department noted
that this Request for Comment was
issued solely for information and
planning purposes and indicated that it
would give careful consideration to the
comments, but did not anticipate
providing a point-by-point response to
each comment submitted.3 The
comment period closed in August 2017.
The Department’s Task Force received
31 total comments, 14 of which related
to the Department’s 2016 guidance. The
majority of those commenters expressed
a belief that the Department’s 2016
guidance negatively affected individuals
with disabilities by limiting their
choices to work in a segregated
sheltered workshop as opposed to in
integrated employment settings. Those
commenters emphasized their belief
that individuals with disabilities have
the right to choose the employment
setting that best meets their needs and
argued that statements in the 2016
guidance failed to recognize this.
In December 2017, the Department
withdrew its 2016 guidance to afford
further discussion with relevant
stakeholders, including public entities
and the disability community, as to how
best to provide technical assistance in
this area.4 The Department explained
that its withdrawal of the 2016 guidance
did not ‘‘change the legal
responsibilities of State and local
governments under title II of the ADA,
as reflected in the ADA, its
implementing regulations, and other
2 82
FR 29248 (June 28, 2017).
at 29249.
4 See Dep’t of Just., ‘‘Withdrawal of the Statement
of the Department of Justice on Application of the
Integration Mandate of Title II of the Americans
with Disabilities Act and Olmstead v. L.C. to State
and Local Governments’ Employment Service
Systems for Individuals with Disabilities’’ (Dec. 21,
2017), https://www.ada.gov/withdrawn_
olmstead.html.
3 Id.
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
77613
binding legal requirements and judicial
precedent, including the U.S. Supreme
Court’s Olmstead decision.’’ 5
Since then, the Department has heard
from numerous stakeholders who have
indicated that technical assistance in
this area is needed and asked the
Department to reissue its withdrawn
2016 guidance.
Issuance of the 2023 Guidance
After consideration of the comments
the Task Force received on the 2016
guidance and additional input from
stakeholders, the Department is now
issuing its 2023 guidance. The bulk of
the differences between the 2023 and
2016 documents are intended to (1)
address public comments; (2) improve
readability and reduce redundancy; and
(3) enhance legal precision. While the
underlying substance of the 2023
guidance remains consistent with that of
the 2016 guidance, the Department has
included new language throughout the
2023 guidance to advance these goals.
First, the Department included new
language in the 2023 guidance to
address public comments that the
Department’s Task Force received. For
example, the Department has added the
question ‘‘Does the ADA require an
individual with a disability to work in
an integrated employment setting or
participate in integrated day services?’’
in response to the commenters who
understood the 2016 guidance as
requiring people to work in integrated
settings. The Department’s answer to
this new question clarifies that
individuals may decline to accept a
service in the most integrated setting
appropriate for them. In addition to
including this new question, the
Department included clarifying
language throughout the 2023 guidance
to make that point clear. There were
other individual comments to which the
Department declined to make changes
in response. For example, although one
commenter objected to the concept of
‘‘informed choice’’ as it was described
in the 2016 guidance, the Department
declined to omit from its 2023 guidance
the concept of ‘‘informed choice.’’ The
Department chose not to omit this
concept because the law requires that
state and local governments provide
community-based services to
individuals who are appropriate for and
do not oppose such services. In general,
it would be difficult for a person to
meaningfully decide among various
options without being aware of all of the
options. The Department has
consistently taken the position that
public entities must take affirmative
5 Id.
E:\FR\FM\13NON1.SGM
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77614
Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices
steps to ensure that people with
disabilities are provided information
about their service options before
deciding where to receive services.6
Second, the Department took
numerous steps to ensure the
document’s readability and reduce
redundancy. For example, the
Department omitted the question ‘‘What
is an Olmstead Plan in the public
employment service system context?’’
because it repeated content that the
Department has already detailed in its
guidance document on the integration
mandate and Olmstead that was issued
in 2011.7 In addition, we have received
user feedback from the public asking the
Department to use more plain language
and to streamline the content of our
guidance documents so that they are
easier for lay users to read and
understand. We made numerous edits
throughout the 2023 guidance with that
user feedback in mind.
Third, the Department sought to
enhance legal precision throughout the
document. For example, we included
the question, ‘‘What is the fundamental
alteration defense,’’ to ensure that the
2023 guidance addresses elements of
proof as well as limitations on the
obligation to comply with the law.
The Department’s 2023 guidance is
being issued consistent with the
Attorney General’s July 1, 2021
memorandum entitled ‘‘Issuance and
Use of Guidance Documents by the
Department of Justice.’’ 8 The guidance
is available on the Department’s website
at https://www.ada.gov/resources/
olmstead-employment-qa/ and the
Department’s guidance portal at https://
www.justice.gov/guidance.
Dated: October 30, 2023.
Kristen Clarke,
Assistant Attorney General, Civil Rights
Division.
[FR Doc. 2023–24989 Filed 11–9–23; 8:45 am]
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BILLING CODE 4410–13–P
6 See, e.g., Dep’t of Just., ‘‘Statement of the
Department of Justice On Enforcement of the
Integration Mandate of Title II of the Americans
with Disabilities Act and Olmstead v. L.C.’’ (2011);
Post-Trial Conclusions of Law, United States v.
Texas, No. 10–CV–1025 (W.D. Tex. Jan. 18, 2019)
at 37–44; Post-Trial Br. in Supp. of Joint Findings
of Fact and Conclusions of Law, United States v.
Texas, No. 5:10–CV–1025, (W.D. Tex. Jan. 18, 2019)
at 21–25; Dep’t of Just., Investigation of Glenwood
and Woodward Res. Ctrs. (Dec. 8, 2021) at 11–18,
11 n.17; Letter from Kristen Clarke, Assistant Att’y
Gen., Civ. Rts. Div., Dep’t of Just. to Governor Jared
Polis (Mar. 3, 2022).
7 See Dep’t of Just., ‘‘Statement of the Department
of Justice on Enforcement of the Integration
Mandate of Title II of the Americans with
Disabilities Act and Olmstead v. L.C.’’ (2011),
https://www.ada.gov/olmstead/q&a_olmstead.htm.
8 See Mem. of the Attorney General, ‘‘Issuance
and Use of Guidance Documents by the Department
of Justice’’ (July 1, 2021), https://www.justice.gov/
opa/page/file/1408606/download.
VerDate Sep<11>2014
17:12 Nov 09, 2023
Jkt 262001
DEPARTMENT OF LABOR
Employment and Training
Administration
Workforce Information Advisory
Council
Employment and Training
Administration, Labor.
ACTION: Notice of a virtual WIAC
meeting December 4, 2023.
AGENCY:
Notice is hereby given that
the Workforce Information Advisory
Council (WIAC or Advisory Council)
will meet virtually December 4, 2023.
Information for public attendance at the
virtual meeting will be posted at
www.dol.gov/agencies/eta/wioa/wiac/
meetings several days prior to the
meeting date. The meeting will be open
to the public.
DATES: The meeting will take place
December 4, 2023. The meeting will
begin at 2 p.m. EST and conclude at
approximately 4 p.m. EST. Public
statements and requests for special
accommodations or to address the
Advisory Council must be received by
November 27, 2023.
ADDRESSES: Information for public
attendance at the virtual meetings will
be posted at www.dol.gov/agencies/eta/
wioa/wiac/meetings several days prior
to each meeting date. If problems arise
accessing the meetings, please contact
Donald Haughton, Unit Chief in the
Division of National Programs, Tools,
and Technical Assistance, Employment
and Training Administration, U.S.
Department of Labor, at 202–693–2784.
FOR FURTHER INFORMATION CONTACT:
Steven Rietzke, Chief, Division of
National Programs, Tools, and
Technical Assistance, Employment and
Training Administration, U.S.
Department of Labor, Room C–4510, 200
Constitution Ave. NW, Washington, DC
20210; Telephone: 202–693–3912;
Email: WIAC@dol.gov. Mr. Rietzke is the
WIAC Designated Federal Officer.
SUPPLEMENTARY INFORMATION:
Background: This meeting is being
held pursuant to Sec. 308 of the
Workforce Innovation and Opportunity
Act of 2014 (WIOA) (Pub. L. 113–128),
which amends Sec. 15 of the WagnerPeyser Act of 1933 (29 U.S.C. 491–2).
The WIAC is an important component
of WIOA. The WIAC is a Federal
advisory committee of workforce and
labor market information experts
representing a broad range of national,
State, and local data and information
users and producers. The WIAC was
established in accordance with
provisions of the Federal Advisory
Committee Act (FACA), as amended (5
SUMMARY:
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
U.S.C. app.) and will act in accordance
with the applicable provisions of FACA
and its implementing regulation at 41
CFR 102–3. The purpose of the WIAC is
to provide recommendations to the
Secretary of Labor (Secretary), working
jointly through the Assistant Secretary
for Employment and Training and the
Commissioner of Labor Statistics, to
address: (1) the evaluation and
improvement of the nationwide
workforce and labor market information
(WLMI) system and statewide systems
that comprise the nationwide system;
and (2) how the Department and the
States will cooperate in the management
of those systems. These systems include
programs to produce employmentrelated statistics and State and local
workforce and labor market information.
The Department of Labor anticipates
the WIAC will accomplish its objectives
by: (1) studying workforce and labor
market information issues; (2) seeking
and sharing information on innovative
approaches, new technologies, and data
to inform employment, skills training,
and workforce and economic
development decision making and
policy; and (3) advising the Secretary on
how the workforce and labor market
information system can best support
workforce development, planning, and
program development. Additional
information is available at www.dol.gov/
agencies/eta/wioa/wiac/meetings.
Purpose: The WIAC is continually
identifying and reviewing issues and
aspects of the WLMI system and
statewide systems that comprise the
nationwide system and how the
Department and the States will
cooperate in the management of those
systems. As part of this process, the
Advisory Council meets to gather
information and to engage in
deliberative and planning activities to
facilitate the development and provision
of its recommendations to the Secretary
in a timely manner.
Agenda: The agenda topics for the
December 4, 2023, meeting are: (1)
review minutes from November 2023
meeting; (2) continue discussion from
the November 2023 meeting to
determine focus areas for the WIAC to
research, and (3) set expectations for a
multi-day in-person meeting to be held
in early 2024. A detailed agenda will be
available at www.dol.gov/agencies/eta/
wioa/wiac/meetings shortly before the
meetings commence.
The Advisory Council will open the
floor for public comment at
approximately 3:30 p.m. EST for
approximately 10 minutes. However,
that time may change at the WIAC
chair’s discretion.
E:\FR\FM\13NON1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77612-77614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24989]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Questions and Answers on the Application of the ADA's Integration
Mandate and Olmstead v. L.C. to Employment and Day Services for People
With Disabilities; Notice of Availability
AGENCY: Civil Rights Division, Department of Justice.
ACTION: Notice of availability.
-----------------------------------------------------------------------
[[Page 77613]]
SUMMARY: The U.S. Department of Justice (Department) is announcing the
availability of a guidance entitled ``Questions and Answers on the
Application of the ADA's Integration Mandate and Olmstead v. L.C. to
Employment and Day Services for People with Disabilities.'' This
guidance describes how the integration mandate applies to the provision
of employment and day services in segregated settings.
FOR FURTHER INFORMATION CONTACT: Rebecca B. Bond, Chief, Disability
Rights Section, Civil Rights Division, U.S. Department of Justice, at
(202) 307-0663 (voice or TTY) (not a toll-free number) or
[email protected]. Information may also be obtained from the
Department's toll-free ADA Information Line at (800) 514-0301 (voice)
or (833) 610-1264 (TTY).
You may obtain copies of this Notice in an alternative format by
calling the ADA Information Line at (800) 514-0301 (voice) or (833)
610-1264 (TTY).
SUPPLEMENTARY INFORMATION:
I. Background
The Department is announcing the availability of a guidance
entitled ``Questions and Answers on the Application of the ADA's
Integration Mandate and Olmstead v. L.C. to Employment and Day Services
for People with Disabilities'' (``2023 guidance''). The Department's
regulation implementing title II of the Americans with Disabilities Act
(``ADA'') requires public entities to ``administer services, programs,
and activities in the most integrated setting appropriate to the needs
of qualified individuals with disabilities.'' \1\ In Olmstead v. L.C.,
527 U.S. 581 (1999), the Supreme Court, interpreting the ADA's
integration mandate, held that title II prohibits the unjustified
segregation of individuals with disabilities. The Department's new 2023
guidance describes how the integration mandate applies to the provision
of employment and day services in segregated settings.
---------------------------------------------------------------------------
\1\ 28 CFR 35.130(d).
---------------------------------------------------------------------------
The Department issued a similar guidance in 2016, entitled
``Statement of the Department of Justice on the Application of the
Integration Mandate of Title II of the Americans with Disabilities Act
and Olmstead v. L.C. to State and Local Governments' Employment Service
Systems for Individuals with Disabilities'' (``2016 guidance''), which
was subsequently withdrawn in 2017.
The Department's 2023 guidance largely incorporates the underlying
substance of the withdrawn 2016 guidance, but includes certain new
language as described in more detail below.
E.O. 13777 and the Withdrawal of the Department's 2016 Guidance
In February 2017, the President issued Executive Order 13777, which
required each agency to create a Regulatory Reform Task Force to
identify regulatory actions to repeal, replace, or modify. Pursuant to
Executive Order 13777, the Department developed a Regulatory Reform
Task Force (``Task Force''), which published a Request for Comment in
the Federal Register in June 2017 soliciting public input on ``the
various kinds of actions taken by the Department's components that the
public perceives to be regulatory in nature * * *.'' \2\ The Department
noted that this Request for Comment was issued solely for information
and planning purposes and indicated that it would give careful
consideration to the comments, but did not anticipate providing a
point-by-point response to each comment submitted.\3\ The comment
period closed in August 2017.
---------------------------------------------------------------------------
\2\ 82 FR 29248 (June 28, 2017).
\3\ Id. at 29249.
---------------------------------------------------------------------------
The Department's Task Force received 31 total comments, 14 of which
related to the Department's 2016 guidance. The majority of those
commenters expressed a belief that the Department's 2016 guidance
negatively affected individuals with disabilities by limiting their
choices to work in a segregated sheltered workshop as opposed to in
integrated employment settings. Those commenters emphasized their
belief that individuals with disabilities have the right to choose the
employment setting that best meets their needs and argued that
statements in the 2016 guidance failed to recognize this.
In December 2017, the Department withdrew its 2016 guidance to
afford further discussion with relevant stakeholders, including public
entities and the disability community, as to how best to provide
technical assistance in this area.\4\ The Department explained that its
withdrawal of the 2016 guidance did not ``change the legal
responsibilities of State and local governments under title II of the
ADA, as reflected in the ADA, its implementing regulations, and other
binding legal requirements and judicial precedent, including the U.S.
Supreme Court's Olmstead decision.'' \5\
---------------------------------------------------------------------------
\4\ See Dep't of Just., ``Withdrawal of the Statement of the
Department of Justice on Application of the Integration Mandate of
Title II of the Americans with Disabilities Act and Olmstead v. L.C.
to State and Local Governments' Employment Service Systems for
Individuals with Disabilities'' (Dec. 21, 2017), https://www.ada.gov/withdrawn_olmstead.html.
\5\ Id.
---------------------------------------------------------------------------
Since then, the Department has heard from numerous stakeholders who
have indicated that technical assistance in this area is needed and
asked the Department to reissue its withdrawn 2016 guidance.
Issuance of the 2023 Guidance
After consideration of the comments the Task Force received on the
2016 guidance and additional input from stakeholders, the Department is
now issuing its 2023 guidance. The bulk of the differences between the
2023 and 2016 documents are intended to (1) address public comments;
(2) improve readability and reduce redundancy; and (3) enhance legal
precision. While the underlying substance of the 2023 guidance remains
consistent with that of the 2016 guidance, the Department has included
new language throughout the 2023 guidance to advance these goals.
First, the Department included new language in the 2023 guidance to
address public comments that the Department's Task Force received. For
example, the Department has added the question ``Does the ADA require
an individual with a disability to work in an integrated employment
setting or participate in integrated day services?'' in response to the
commenters who understood the 2016 guidance as requiring people to work
in integrated settings. The Department's answer to this new question
clarifies that individuals may decline to accept a service in the most
integrated setting appropriate for them. In addition to including this
new question, the Department included clarifying language throughout
the 2023 guidance to make that point clear. There were other individual
comments to which the Department declined to make changes in response.
For example, although one commenter objected to the concept of
``informed choice'' as it was described in the 2016 guidance, the
Department declined to omit from its 2023 guidance the concept of
``informed choice.'' The Department chose not to omit this concept
because the law requires that state and local governments provide
community-based services to individuals who are appropriate for and do
not oppose such services. In general, it would be difficult for a
person to meaningfully decide among various options without being aware
of all of the options. The Department has consistently taken the
position that public entities must take affirmative
[[Page 77614]]
steps to ensure that people with disabilities are provided information
about their service options before deciding where to receive
services.\6\
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\6\ See, e.g., Dep't of Just., ``Statement of the Department of
Justice On Enforcement of the Integration Mandate of Title II of the
Americans with Disabilities Act and Olmstead v. L.C.'' (2011); Post-
Trial Conclusions of Law, United States v. Texas, No. 10-CV-1025
(W.D. Tex. Jan. 18, 2019) at 37-44; Post-Trial Br. in Supp. of Joint
Findings of Fact and Conclusions of Law, United States v. Texas, No.
5:10-CV-1025, (W.D. Tex. Jan. 18, 2019) at 21-25; Dep't of Just.,
Investigation of Glenwood and Woodward Res. Ctrs. (Dec. 8, 2021) at
11-18, 11 n.17; Letter from Kristen Clarke, Assistant Att'y Gen.,
Civ. Rts. Div., Dep't of Just. to Governor Jared Polis (Mar. 3,
2022).
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Second, the Department took numerous steps to ensure the document's
readability and reduce redundancy. For example, the Department omitted
the question ``What is an Olmstead Plan in the public employment
service system context?'' because it repeated content that the
Department has already detailed in its guidance document on the
integration mandate and Olmstead that was issued in 2011.\7\ In
addition, we have received user feedback from the public asking the
Department to use more plain language and to streamline the content of
our guidance documents so that they are easier for lay users to read
and understand. We made numerous edits throughout the 2023 guidance
with that user feedback in mind.
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\7\ See Dep't of Just., ``Statement of the Department of Justice
on Enforcement of the Integration Mandate of Title II of the
Americans with Disabilities Act and Olmstead v. L.C.'' (2011),
https://www.ada.gov/olmstead/q&a_olmstead.htm.
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Third, the Department sought to enhance legal precision throughout
the document. For example, we included the question, ``What is the
fundamental alteration defense,'' to ensure that the 2023 guidance
addresses elements of proof as well as limitations on the obligation to
comply with the law.
The Department's 2023 guidance is being issued consistent with the
Attorney General's July 1, 2021 memorandum entitled ``Issuance and Use
of Guidance Documents by the Department of Justice.'' \8\ The guidance
is available on the Department's website at https://www.ada.gov/resources/olmstead-employment-qa/ and the Department's guidance portal
at https://www.justice.gov/guidance.
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\8\ See Mem. of the Attorney General, ``Issuance and Use of
Guidance Documents by the Department of Justice'' (July 1, 2021),
https://www.justice.gov/opa/page/file/1408606/download.
Dated: October 30, 2023.
Kristen Clarke,
Assistant Attorney General, Civil Rights Division.
[FR Doc. 2023-24989 Filed 11-9-23; 8:45 am]
BILLING CODE 4410-13-P
