**SUPPORTING STATEMENT**

## Protection and Advocacy of Individual Rights

**INFORMATION COLLECTION SUBMISSION**

##### 

##### A. Justification

1\. Explain the circumstances that make the collection of information
necessary. Identify any legal or administrative requirements that
necessitate the collection. Attach a copy of the appropriate section of
each statute and regulation mandating or authorizing the collection of
information.

> The Annual Protection and Advocacy of Individual Rights (PAIR) Program
> Performance Report (Form RSA-509) will be used to analyze and evaluate
> the PAIR Program administered by eligible systems in states. These
> systems provide services to eligible individuals with disabilities to
> protect their legal and human rights. RSA uses the form to meet
> specific data collection requirements of Section 509 of the
> Rehabilitation Act of 1973, as amended (the act), and its implementing
> federal regulations at 34 CFR Part 381. PAIR programs must report
> annually using the form (copy attached), which is due on or before
> December 30 each year.
>
> The current version of the form is scheduled to expire on February 28,
> 2009. RSA is requesting an extension of the form through February 28,
> 2012. RSA has made no changes to the form. RSA is making this request
> for the following reasons.
>
> In February of 2008, OMB granted approval for the current Form RSA-509
> for a 12-month period only, requiring that RSA consider revisions to
> the reporting instrument based on the work of the Interagency
> Workgroup on Common Definitions for Protection and Advocacy Systems
> Reporting. OMB requested that RSA adopt those data elements applicable
> to the program and utilize the common reporting system developed by
> the workgroup for the purpose of collecting data and information on
> the PAIR program. However, the work of the interagency workgroup is
> still ongoing and decisions regarding common data elements are not yet
> final. Because it is uncertain when the interagency workgroup will
> complete its work, RSA is requesting a three-year extension of this
> data collection instrument. If the workgroup completes its work within
> the next three years, RSA will update the form appropriately.

2\. Indicate how, by whom, and for what purpose the information is to be
used. Except for a new collection, indicate the actual use the agency
has made of the information received from the current collection.

> Form RSA-509 has enabled RSA to furnish the President and Congress
> with data on the provision of protection and advocacy services and has
> helped to establish a sound basis for future funding requests. Data
> from the form have been used to evaluate the effectiveness of eligible
> systems within individual states in meeting annual priorities and
> objectives. These data also have been used to indicate trends in the
> provision of services from year-to-year.

3\. Describe whether, and to what extent, the collection of information
involves the use of automated, electronic, mechanical, or other
technological collection techniques or forms of information technology,
e.g. permitting electronic submission of responses, and the basis for
the decision of adopting this means of collection. Also describe any
consideration of using information technology to reduce burden.

> Currently, each PAIR system can transmit the RSA-509 data by e-mail.
> RSA has also developed an electronic management information system
> (MIS), which allows PAIR systems to access and submit data online.

4\. Describe efforts to identify duplication. Show specifically why any
similar information already available cannot be used or modified for use
of the purposes described in Item 2 above.

> Form RSA-509 provides information on the number of individuals with
> disabilities currently receiving protection and advocacy services
> authorized by Section 509 of the act. No similar information is
> available from other data sources.

5\. If the collection of information impacts small businesses or other
small entities, describe any methods used to minimize burden.

> Several respondents are not-for-profit organizations. RSA included the
> respondents and the national organization that represents them in the
> initial development of this collection of information. This was done
> in an effort to ensure that the information requested could be
> provided with a minimal burden on the respondents

6\. Describe the consequences to federal program or policy activities if
the collection is not conducted or is conducted less frequently, as well
as any technical or legal obstacles to reducing burden.

> Because RSA uses the information obtained by this collection in
> preparing its annual report to the President and Congress, current
> data on protection and advocacy services must be made available by
> eligible systems each year.

7\. Explain any special circumstances that would cause an information
collection to be conducted in a manner:

-   requiring respondents to report information to the agency more often
    than quarterly;

-   requiring respondents to prepare a written response to a collection
    of information in fewer than 30 days after receipt of it;

-   requiring respondents to submit more than an original and two copies
    of any document;

-   requiring respondents to retain records, other than health, medical,
    government contract, grant-in-aid, or tax records for more than
    three years;

-   in connection with a statistical survey, that is not designed to
    produce valid and reliable results than can be generalized to the
    universe of study;

-   requiring the use of a statistical data classification that has not
    been reviewed and approved by OMB;

-   that includes a pledge of confidentiality that is not supported by
    authority established in statute or regulation, that is not
    supported by disclosure and data security policies that are
    consistent with the pledge, or which unnecessarily impedes sharing
    of data with other agencies for compatible confidential use; or

-   requiring respondents to submit proprietary trade secrets, or other
    confidential information unless the agency can demonstrate that it
    has instituted procedures to protect the information\'s
    confidentiality to the extent permitted by law.

There are no special circumstances that require this information
collection to be conducted in any manner listed above.

8\. If applicable, provide a copy and identify the date and page number
of publication in the Federal Register of the agency's notice, required
by 5 CFR 1320.8(d), soliciting comments on the information collection
prior to submission to OMB. Summarize public comments received in
response to that notice and describe actions taken by the agency in
response to these comments. Specifically address comments received on
cost and hour burden.

-   Describe efforts to consult with persons outside the agency to
    obtain their views on the availability of data, frequency of
    collection, the clarity of instruction and record keeping,
    disclosure, or reporting format (if any), and on the data elements
    to be recorded, disclosed, or reported.

-   Consultation with representatives of those from whom information is
    to be obtained or those who must compile records should occur at
    least once every 3 years - even if the collection of information
    activity is the same as in prior periods. There may be circumstances
    that may preclude consultation in a specific situation. These
    circumstances should be explained.

> During its initial development, Form RSA-509 was shared with the
> National Disability Rights Network (NDRN), formerly known as the
> National Association of Protection and Advocacy Systems (NAPAS), an
> organization representing the respondents (State PAIR systems), and
> the respondents themselves. Changes were made pursuant to the comments
> received. In addition, we will publish 60-day and 30-day Federal
> Register Notices to allow public comment.

9\. Explain any decision to provide any payment or gift to respondents,
other than remuneration of contractors or grantees.

> There is no payment or gift to respondents.

10\. Describe any assurance of confidentiality provided to respondents
and the basis for the assurance in statute, regulation, or agency
policy.

> Confidentiality is assured because Form RSA-509 is an aggregate
> report.

11\. Provide additional justification for any questions of a sensitive
nature, such as sexual behavior and attitudes, religious beliefs, and
other matters that are commonly considered private. The justification
should include the reasons why the agency considers the questions
necessary; the specific uses to be made of the information, the
explanation to be given to persons from whom the information is
requested, and any steps to be taken to obtain their consent.

> This report contains no questions of a sensitive nature.

12\. Provide estimates of the hour burden of the collection of
information. The statement should;

-   Indicate the number of respondents, frequency of response, annual
    hour burden, and an explanation of how the burden was estimated.
    Unless directed to do so, agencies should not conduct special
    surveys to obtain information on which to base hour burden
    estimates. Consultation with a sample (fewer than 10) of potential
    respondents is desirable. If the hour burden on respondents is
    expected to vary widely because of differences in activity, size, or
    complexity, show the range of estimated hour burden, and explain the
    reasons for the variance. Generally, estimates should not include
    burden hours for customary and usual business practices.

-   If this request for approval covers more than one form, provide
    separate hour burden estimates for each form and aggregate the hour
    burdens in item.

-   Provide estimates of annualized cost to respondents of the hour
    burdens for collections of information, identifying and using
    appropriate wage rate categories. The cost of contracting out or
    paying outside parties for information collection activities should
    not be included here. Instead, this cost should be included in item
    14.

  ---------------------------------------- ------------------------------
                                           Annual Burden

  Number of respondents                    57

  Frequency of response                    1

  Total annual responses                   57

  Hours per response                       16.0

  Total hours                              912

  Cost per hour                            \$33

  Total cost                               \$30,096
  ---------------------------------------- ------------------------------

> RSA has estimated the time required for each respondent to complete
> the form, so that the estimate is consistent with that used in
> connection with similar reporting instruments used by RSA, in
> particular, the Annual Protection and Advocacy for Assistive
> Technology (PAAT) Performance Report. RSA conducted a field test of
> nine respondents to the Annual PAAT Performance Report during its
> development and found that on average respondents completed the form
> within 16 hours. RSA believes that the form can be completed by PAIR
> grantees in an equal amount of time.

13\. Provide an estimate of the total annual cost burden to respondents
or record keepers resulting from the collection of information. (Do not
include the cost of any hour burden shown in Items 12 and 14.)

-   The cost estimate should be split into two components: (a) a total
    capital and start-up cost component (annualized over its expected
    useful life); and (b) a total operation and maintenance and purchase
    of services component. The estimates should take into account costs
    associated with generating, maintaining, and disclosing or providing
    the information. Include descriptions of methods used to estimate
    major cost factors including system and technology acquisition,
    expected useful life of capital equipment, the discount rate(s), and
    the time period over which costs will be incurred. Capital and
    start-up costs include, among other items, preparations for
    collecting information such as purchasing computers and software;
    monitoring, sampling, drilling and testing equipment; and record
    storage facilities.

-   If cost estimates are expected to vary widely, agencies should
    present ranges of cost burdens and explain the reasons for the
    variance. The cost of contracting out information collection
    services should be a part of this cost burden estimate. In
    developing cost burden estimates, agencies may consult with a sample
    of respondents (fewer than 10), utilize the 60-day pre-OMB
    submission public comment process and use existing economic or
    regulatory impact analysis associated with the rulemaking containing
    the information collection, as appropriate.

-   Generally, estimates should not include purchases of equipment or
    services, or portions thereof, made: (1) prior to October 1,
    1995, (2) to achieve regulatory compliance with requirements not
    associated with the information collection, (3) for reasons other
    than to provide information or keep records for the government,
    or (4) as part of customary and usual business or private practices.

> States and territories incur no cost burden in addition to that stated
> in item 12 above.

14\. Provide estimates of annualized cost to the federal government.
Also, provide a description of the method used to estimate cost, which
should include quantification of hours, operational expenses (such as
equipment, overhead, printing, and support staff), and any other expense
that would not have been incurred without this collection of
information.

> Annual cost to federal government 85.5 hours x \$38/hour \$3,249.00
>
> Annual federal computer costs [\$ 500.00]{.underline}
>
> Total cost to federal government \$3,749.00

15\. Explain the reasons for any program changes or adjustments.

> This submission requires no changes to the burden for hours and costs
> included in current OMB inventory.

16\. For collections of information whose results will be published,
outline plans for tabulation and publication. Address any complex
analytical techniques that will be used. Provide the time schedule for
the entire project, including beginning and ending dates of the
collection of information, completion of report, publication dates, and
other actions.

> Reports are due to RSA within 90 days following the end of the fiscal
> year (approximately December 31 of each year). Data reported are
> evaluated and transmitted to the President and Congress in the Annual
> Report prepared by the Commissioner.

17\. If seeking approval to not display the expiration date for OMB
approval of the information collection, explain the reasons that display
would be inappropriate.

We are not seeking approval to not display the expiration date.

18\. Explain each exception to the certification statement identified in
\"Certification for Paperwork Reduction Act Submissions,\" of new OMB
Form 83-I. []{.mark}

[]{.mark}

> There are no exceptions to the certification statement.

**B. Collection of Information Employing Statistical Methods**

> This collection of information does not employ any statistical
> methods.