1820-0625 Supporting Statement Part A-11.8.23

1820-0625 Supporting Statement Part A-11.8.23.docx

Protection and Advocacy of Individual Rights Program Assurances

OMB: 1820-0625

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Tracking and OMB Number: 1820-0625

Revised: November 8, 2023



  1. Explain the circumstances that make the collection of information necessary. What is the purpose for this information collection? Identify any legal or administrative requirements that necessitate the collection. Include a citation that authorizes the collection of information. Specify the review type of the collection (new, revision, extension, reinstatement with change, reinstatement without change). If revised, briefly specify the changes. If a rulemaking is involved, list the sections with a brief description of the information collection requirement, and/or changes to sections, if applicable.

This is a request for an extension of OMB 1820-0625 – Annual PAIR Assurances Program.

Section 509 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by Title IV of the Workforce Innovation and Opportunity Act (WIOA), established the Protection and Advocacy of Individual Rights (PAIR) program to support the protection and advocacy (P&A) system in each State. The P&A system was created by the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act) (42 U.S.C. § 6041 et seq.) to protect the legal and human rights of individuals with disabilities.

PAIR, which is a required component of the P&A system in each State and the P&A system serving the American Indian Consortium, is administered by the Rehabilitation Services Administration (RSA) pursuant to the requirements of Section 509 of the Rehabilitation Act. The PAIR program provides advocacy services to individuals with disabilities who are not eligible for the Protection and Advocacy for the Developmentally Disabled (PADD) and for the Protection and Advocacy for Individuals with Mental Illness (PAIMI), and whose concerns are beyond the scope of the Client Assistance Program (CAP).

  1. 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.

Section 509(f) of the Rehabilitation Act and 34 C.F.R. § 381.10 require the eligible P&A system in each State and the in the American Indian Consortium to submit a signed set of assurances to receive Federal funds for the PAIR program. This requirement is consistent with that required for the P&A system in general by the DD Act and its implementing regulations.

RSA required each P&A to submit the assurances and other materials only once, prior to fiscal year (FY) 2007, beginning October 1, 2006. These materials served as a request for FY 2007 funds, and for funding in all subsequent fiscal years, until such time as the Governor, in accordance with the provisions of the DD Act, may redesignate the P&A. This procedure reduces the reporting burden on the P&As and simplifies the process by which grant awards are made by RSA.

This preprint, which is being submitted for approval, is without revisions from the previous preprint approved by OMB under number 1820-0625. This version of the PAIR assurances will expire on November 30, 2023.

  1. 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. Please identify systems or websites used to electronically collect this information. Also describe any consideration given to using technology to reduce burden. If there is an increase or decrease in burden related to using technology (e.g. using an electronic form, system or website from paper), please explain in number 12.

The Assurances form is a legal document that requires an authoritative signature and minimal reporting burden. Grantees have the option to submit the form electronically as a PDF document or in hard copy through the mail. An authoritative signature is required for both methods. If the form is received by RSA as a hard copy, the form is converted into a PDF format and uploaded into the U.S. Department of Education’s (the Department’s) grant management system (G5) along with the PDF forms submitted electronically. This option allows further flexibility to the grantees and requires minimal burden.

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

This document collects unique information that is not collected under any other instrument. Information collected by this set of assurances is required by Federal statute and is not available through any other data source.

  1. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden. A small entity may be (1) a small business which is deemed to be one that is independently owned and operated and that is not dominant in its field of operation; (2) a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field; or (3) a small government jurisdiction, which is a government of a city, county, town, township, school district, or special district with a population of less than 50,000.

The collection of this information does involve small businesses or other small entities. However, they are not dominant in their field. In receiving PAIR grants from the Department, when designated by the governor of their respective states, they must comply with Department grant terms and conditions. Burden for this collection is currently minimal at 10 minutes per grantee, per year.

  1. 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.

As described above in answer to #2, Section 509(f) of the Rehabilitation Act and 34 C.F.R. § 381.10 require the PAIR program to submit the application and signed assurances in the form and at the time designated by the RSA Commissioner. RSA has determined that it was necessary for a PAIR grantee to submit the assurances only once prior to October 1, 2006. These materials served as the request for FY 2007 funds and all subsequent fiscal years, until such time as the PAIR program in the State may be re-designated. When the Governor redesignates the PAIR program in a State, the protection and advocacy agency must submit the application, including signed assurances, to receive funding for the PAIR program in accordance with section 509(f) of the Rehabilitation Act and 34 C.F.R. § 381.10.

  1. 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 that 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 would require this information to be collected in any manner listed above.

  1. As applicable, state that the Department has published the 60 and 30 Federal Register notices as required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB.

Include a citation for the 60 day comment period (e.g. Vol. 84 FR ##### and the date of publication). Summarize public comments received in response to the 60 day notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden. If only non-substantive comments are provided, please provide a statement to that effect and that it did not relate or warrant any changes to this information collection request. In your comments, please also indicate the number of public comments received.

For the 30 day notice, indicate that a notice will be published.

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.

These assurances are taken directly from Federal law and regulations. Consultation was sought from the PAIR grantees and the National Disability Rights Network (NDRN), formerly known as the National Association of Protection and Advocacy Systems (NAPAS), when the regulations governing the PAIR program, which prescribe these assurances, were published. Furthermore, the PAIR grantees and NDRN had opportunities to comment on the statutory requirements governing the PAIR program during the most recent reauthorization process for the Rehabilitation Act. The Department publishes 60-day and 30-day Federal Register Notices when seeking approval of versions of this form. Following the 60-day Federal Register notice inviting public comment, RSA received one non-substantive comment that did not require a response. This is the request for a 30-day Federal Register for final approval. Again, the Department seeks approval to extend this form with no changes.

  1. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees with meaningful justification.

There is no payment or gift to respondents.

  1. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If personally identifiable information (PII) is being collected, a Privacy Act statement should be included on the instrument. Please provide a citation for the Systems of Record Notice and the date a Privacy Impact Assessment was completed as indicated on the IC Data Form. A confidentiality statement with a legal citation that authorizes the pledge of confidentiality should be provided.1 If the collection is subject to the Privacy Act, the Privacy Act statement is deemed sufficient with respect to confidentiality. If there is no expectation of confidentiality, simply state that the Department makes no pledge about the confidentiality of the data. If no PII will be collected, state that no assurance of confidentiality is provided to respondents. If the Paperwork Burden Statement is not included physically on a form, you may include it here. Please ensure that your response per respondent matches the estimate provided in number 12.

No assurance of confidentiality is provided to respondents because the application submitted by grantees contains no confidential or personally identifiable information.

  1. 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.

The information collection does not contain any questions of a sensitive nature.

  1. Provide estimates of the hour burden for this current information collection request. The statement should:

  • Provide an explanation of how the burden was estimated, including identification of burden type: recordkeeping, reporting or third party disclosure. Address changes in burden due to the use of technology (if applicable). Generally, estimates should not include burden hours for customary and usual business practices.

  • Please do not include increases in burden and respondents numerically in this table. Explain these changes in number 15.

  • Indicate the number of respondents by affected public type (federal government, individuals or households, private sector – businesses or other for-profit, private sector – not-for-profit institutions, farms, state, local or tribal governments), frequency of response, annual hour burden. 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 this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burden in the table below.

  • Provide estimates of annualized cost to respondents of the hour burdens for collections of information, identifying and using appropriate wage rate categories. Use this site to research the appropriate wage rate. 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. If there is no cost to respondents, indicate by entering 0 in the chart below and/or provide a statement.

Provide a descriptive narrative here in addition to completing the table below with burden hour estimates.

Estimated Annual Burden and Respondent Costs Table

Information Activity or IC (with type of respondent)

Sample Size (if applicable)

Respondent Response Rate (if applicable)

Number of Respondents

Number of Responses

Average Burden Hours per Response

Total Annual Burden Hours

Estimated Respondent Average Hourly Wage

Total Annual Costs (hourly wage x total burden hours)







Annualized Totals







Please ensure the annual total burden, respondents and response match those entered in IC Data Parts 1 and 2, and the response per respondent matches the Paperwork Burden Statement that must be included on all forms.

The burden hours associated with the application for a PAIR program grant is estimated at 10 minutes, or 0.16 hours, per P&A in each State or territory. The estimated hour burden per P&A is not expected to vary significantly. Estimated burden hours are founded on judgments based on submittals of similar written requests for P&A grants administered by RSA, including the Client Assistance Program (CAP). There are 57 PAIR grantees, with each grantee submitting a new application annually (57 grantees x 0.16 hours per response) for a total annual burden of 9.12 hours. (Again, this is the maximum annual burden, as grantees only submit a new application if the P&A is redesignated.) The annual cost is calculated at 9.12 total burden hours x $33 an hour for State personnel to complete the application, equaling $301- in total annual cost.

  1. 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 acquiring and maintaining 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. Also, these estimates should not include the hourly costs (i.e., the monetization of the hours) captured above in Item 12.

Total Annualized Capital/Startup Cost :N/A

Total Annual Costs (O&M) :N/A____________________

Total Annualized Costs Requested :N/A

  1. 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. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

a. Review of each written request 0.16 hours

b. Number of written requests to review 57

c. Total time to review written requests 9.12 hours*

d. Federal hourly rate of salary $49

e. Total cost (c x d) $447

* The estimated burden hours to the federal government does not include time needed for negotiations when an application is not approvable. Given the perfunctory nature of this application, it would be unusual for a request to not be approvable.

  1. Explain the reasons for any program changes or adjustments. Generally, adjustments in burden result from re-estimating burden and/or from economic phenomenon outside of an agency’s control (e.g., correcting a burden estimate or an organic increase in the size of the reporting universe). Program changes result from a deliberate action that materially changes a collection of information and generally are result of new statute or an agency action (e.g., changing a form, revising regulations, redefining the respondent universe, etc.). Burden changes should be disaggregated by type of change (i.e., adjustment, program change due to new statute, and/or program change due to agency discretion), type of collection (new, revision, extension, reinstatement with change, reinstatement without change) and include totals for changes in burden hours, responses and costs (if applicable).

Provide a descriptive narrative for the reasons of any change in addition to completing the table with the burden hour change(s) here.

Program Change Due to New Statute

Program Change Due to Agency Discretion

Change Due to Adjustment in Agency Estimate

Total Burden


Total Responses

Total Costs (if applicable)

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

  1. 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.

The information collected will not be published for statistical use.

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

RSA is not seeking OMB approval not to display the expiration date.

  1. Explain each exception to the certification statement identified in the Certification of Paperwork Reduction Act.

There are no exceptions to the certification statement.

1 Requests for this information are in accordance with the following ED and OMB policies: Privacy Act of 1974, OMB Circular A-108 – Privacy Act Implementation – Guidelines and Responsibilities, OMB Circular A-130 Appendix I – Federal Agency Responsibilities for Maintaining Records About Individuals, OMB M-03-22 – OMB Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002, OMB M-06-15 – Safeguarding Personally Identifiable Information, OM:6-104 – Privacy Act of 1974 (Collection, Use and Protection of Personally Identifiable Information)



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