1 **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 th at 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 anal yz e and evaluate the PAIR Program administered by eligible s ys tems in states. These s ys tems provide services to eligible individuals with disabilities to protect their legal and human rights. R ehabilitation S ervices A dministration (RSA) uses the form to meet specific data collection requirements of Section 509 of the Rehabilitation Act of 1973, as amended (the A ct), 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 ye ar. The current version of the form is scheduled to expire on June 30, 2011 . RSA is requesting an extension of the form through June 30, 2014 . RSA has made no changes to the form. RSA is making this request for the following reasons. In February 2008, the Office of Management and Budget (OMB) granted approval for the RSA

- 509 report for a 12

- month period only , requiring that RSA consider revisions to the reporting instrument based on the w ork of the Interagency Workgroup on Common Definitions for Protection and Advocacy Sy stems Reporting. RSA previously submitted its recommendations to the Interagency Workgroup but received no further information or instructions. In June of 2009 , OMB agai n granted approval for the current RSA

- 509 report for a 24

- month period only , pending guidance from the Interagency Workgroup. However, the workgroup last met in October 2007, after a prolonged period of inactivity , and its work has remained unfinished. As the workgroup has not been active for more than four ye ars and there is no indication that its activities will be resumed, RSA can no longer consider the results of the workgroup in the formulation of its information collection instruments, including th e RSA

- 509 . Therefore, RSA is requesting a three ye ar extension of this data collection instrument.
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 for2

future funding reques ts. Data from the form have been used to evaluate the effectiveness of eligible s ys tems 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
- ye ar. 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 resp onses, 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 sy stem can transmit the RSA

- 509 data b y e - mail. RSA has also developed an e lectronic management information sy stem (MIS), which allows PAIR sy stems to access and submit data online. 4. Describe efforts to identify duplication. Show specificall y wh y an y 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 currentl y receiving protection and advocacy services authorized by

Section 509 of the A ct. 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 o rganization 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 f ederal program or policy

activities if the collection is not conducted or is conducted less frequentl y, as well as an y technical or legal obstacles to reducing burden. Because RSA uses the information obtained b y this collection in preparing its annual report to the President and Congress, current data on protection and advocacy services must be made available b y eligible s ys tems each ye ar. 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 quarterl y;

 requiring respondents to prepare a written response to a collection of information in fewer than 30 day s after receipt of it;

 requiring respondents to submit more than an original and two copies of any document;3

 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 spe cial circumstances that require this information collection to be conducted in any manner listed above. 8. If applicable, provide a cop y and identify the date and page number of publication in the Federal Register of the agency ’s notice, required by 5 CF R 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. Specificall y address comments received on cost and hour burden.

 Describe efforts to consult with persons outside the agency t o obtain their views on the availability

o f data, frequency

o f collection, the clarity o f 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 Sy stems (NAPAS), an organization representing the respondents (State PAIR s ys tems), and the respondents themselves. Changes were made pursuant to the co mments received. In addition, a 60

- day

and 30

- day

notice was published in the Federal Register for public comment.4

9. Explain any

decision to provide any

pay ment or gift to respondents, other than remuneration of contractors or grantees. There is no p ay

ment or gift to respondents. 10. Describe an y assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy

. There is no assurance of confidentiality , because the collection instrument d oes not collect individual, personal or sensitive data. 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 jus tification should include the reasons wh y 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 thei r 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 survey s to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirab le. If the hour burden on respondents is expected to vary widel y because of differences in activity , size, or complexity , show the range of estimated hour burden, and explain the reasons for the variance. Generall y, estimates should not include burden hour s 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 th e 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 in cluded 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 $335

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 b y 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 component s: (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, maintainin g, and disclosing or providing the information. In clude descriptions of methods used to estimate major cost factors including s ys tem 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 cos t estimates are expected to vary widel y, 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 anal ys is 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 informatio n 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 abo ve. 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 suppo rt staff), and any other expense that would not have been incurred without this collection of information. Annual cost to fede ral government 85 hours x $44 /hour $3, 740 .006

Annual federal computer costs $ 500.00 Total cost to federal government $ 4,240 .00
15. Explain the reasons for an y 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 an y complex analy tical 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 day s following the end of the fiscal year (approximately December 30 of each ye ar). Data reported are evaluated and transmitted to the President and Congress in the Annual R eport prepared b y 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. There are no exceptions to the certification statement. **B. Collection of Information Em ploying Statistical Methods**  This collection of information does not employ any statistical methods.