Sec. 3. Alternative means of dispute resolution involving disability rights
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Congress finds the following: Congress does not directly appropriate funds for the ADA Mediation Program of the Disability Rights Section of the Civil Rights Division of the Department of Justice. Voluntary mediation, under section 514 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12212 ), of disputes between individuals and entities covered by the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) requires specific expertise. Though over 7,000 cases have been referred to the ADA Mediation Program since its inception, with over 70 percent being successfully resolved, complainants have experienced slow response times and a lack of effective engagement with the program.
There is little transparency, oversight, or accountability regarding the administration of the ADA Mediation Program, or the experience of mediators or parties participating in mediation. To best serve the disability community, and entities covered by that Act, the ADA Mediation Program should be able to use funds to increase personnel and provide training concerning the program. The Attorney General shall carry out an ADA Mediation Program (referred to in this section as the Program ).
In carrying out the Program, the Attorney General— shall facilitate voluntary mediation to resolve disputes arising under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); may hire or enter into contracts with personnel for the Program, including increasing the number of such personnel beyond the number of individuals who provided services through the Program on the date of enactment of this section; and provide training for mediators who provide services through the Program.
There is authorized to be appropriated to the appropriations account of the Department of Justice appropriated under the heading under the heading Fees and Expenses of Witnesses , to carry out this section, $1,000,000 (in addition to any other amounts appropriated to that account) for fiscal year 2022. Legal Activities Funds appropriated under subparagraph
(A)may be used to pay for obligations incurred through the Program prior to the date of enactment of this section. Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Attorney General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives including information for the previous fiscal year regarding— the minimum, maximum, and median time between the initial filing of complaints and contact with the ADA Mediation Program; the minimum, maximum, and median time between the initial filing of complaints and the first date of mediation; the minimum, maximum, and median time required to resolve disputes from the initial filing of complaints; the number of staff (full-time equivalents) dedicated to the program, including the number of mediators and caseworkers; the caseload for mediators and caseworkers involved in carrying out the program; the percentage of cases successfully resolved through mediation; the percentage of cases referred to investigation and litigation within the Department of Justice; the percentage of cases referred to other Federal agencies (and which agencies); trends in the nature of complaints and resolutions; whether there were repeated or numerous complaints against a single or specific entity or institution, and whether those cases were investigated or litigated; the number of complaints directed at the program, such as lack of accommodation or lack of responsiveness and engagement; and other information deemed relevant by the Attorney General.
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