[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Notices]
[Pages 10096-10098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05114]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Community Living

[OMB # 0985-New]


Agency Information Collection Activities; Submission for OMB 
Review; Public Comment Request; One Protection and Advocacy Annual 
Program Performance Report

AGENCY: Administration for Community Living (ACL), HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Administration for Community Living is announcing that the 
proposed collection of information listed above has been submitted to 
the Office of Management and Budget (OMB) for review and clearance as 
required by the Paperwork Reduction Act of 1995. This 30-Day notice 
collects comments on the information collection

[[Page 10097]]

requirements related to the proposed new data collection (ICR New).

DATES: Submit written comments on the collection of information by 
April 18, 2019.

ADDRESSES: Submit written comments on the collection of information by:
    (a) Email to: [email protected], Attn: OMB Desk Officer 
for ACL;
    (b) fax to 202.395.5806, Attn: OMB Desk Officer for ACL; or
    (c) by mail to the Office of Information and Regulatory Affairs, 
OMB, New Executive Office Bldg., 725 17th St. NW, Rm. 10235, 
Washington, DC 20503, Attn: OMB Desk Officer for ACL.

FOR FURTHER INFORMATION CONTACT: Ophelia McLain, Administration for 
Community Living, Administration on Intellectual and Developmental 
Disabilities, Office of Program Support, 330 C Street SW, Washington, 
DC 20201, (202) 795-7401 or [email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, ACL has 
submitted the following proposed collection of information to OMB for 
review and clearance. ACL is publishing a notice of the proposed 
collection of information set forth in this document.
    This proposed new data collection will replace four existing 
Protection and Advocacy Program Performance Reports and other 
revisions.
    The four annual reports include the following: (1) Developmental 
Disabilities Protection and Advocacy Systems Program Performance Report 
(0985-0027), (2) Protection and Advocacy for Assistive Technology 
(PAAT) Program Performance Report (0985-0046); (3) Protection and 
Advocacy Voting Access Annual Report (Help America Vote Act) (HAVA) 
(0985-0028); and (4) Protection and Advocacy for Traumatic Brain Injury 
(PATBI) Program Performance Report (0985-0058).
    State Protection and Advocacy (P&A) Systems in each State and 
Territory provide individual legal advocacy, systemic advocacy, 
monitoring and investigations to protect and advance the rights of 
people with developmental disabilities, using funding administered by 
the Administration on Intellectual and Developmental Disabilities 
(AIDD), Administration on Disabilities, Administration for Community 
Living, HHS. To meet statutory reporting requirements, P&As have used 
four separate forms for submitting annual reports. It is proposed that 
the four forms be combined by creating the One Protection and Advocacy 
Annual Program Performance Report form. Once the four program 
performance reports are combined, the current OMB approval numbers for 
each report will be retired, and a new approval number will be created 
for the One Protection and Advocacy Program Performance Report. Each 
P&A system currently submits four separate reports to AIDD--one report 
for each of the funding sources listed below. By combining the forms, 
P&As will have a reduced burden because they will be submitting only 
one report annually. Duplicative background and other data that appear 
in multiple reports will only need to be entered once.
    This also will promote accuracy and consistency because this data 
will not need to be entered multiple times. The authority for each 
report is as follows:
     The Developmental Disabilities Assistance and Bill of 
Rights Act, 42 U.S.C. 15044: Federal statute and regulation require 
each P&A to annually prepare a report that describes the activities and 
accomplishments of the system during the preceding fiscal year and a 
Statement of Goals and Priorities for each coming fiscal year.
    P&As are required to annually report on ``the activities, 
accomplishments, and expenditures of the system during the preceding 
fiscal year, including a description of the system's goals, the extent 
to which the goals were achieved, barriers to their achievement, the 
process used to obtain public input, the nature of such input, and how 
such input was used.''
     The Children's Health Act of 2000, 42 U.S.C. Section 300d-
53(h), requires the P&A System in each State to annually prepare and 
submit to the Secretary a report that includes documentation of the 
progress they have made in serving individuals with traumatic brain 
injury.
     The Assistive Technology Act of 1998, Section 5, as 
amended, Public Law 108-36, (AT Act), requires the P&A System in each 
State to annually prepare and submit to the Secretary a report that 
includes documentation of the progress they have made in--
    1. conducting consumer-responsive activities, including activities 
that will lead to increased access for individuals with disabilities to 
funding for assistive technology devices and assistive technology 
services;
    2. engaging in informal advocacy to assist in securing assistive 
technology and assistive technology services for individuals with 
disabilities;
    3. engaging in formal representation for individuals with 
disabilities to secure systems change, and in advocacy activities to 
secure assistive technology and assistive technology services for 
individuals with disabilities;
    4. developing and implementing strategies to enhance the long-term 
abilities of individuals with disabilities and their family members, 
guardians, advocates, and authorized representatives to advocate the 
provision of assistive technology devices and assistive technology 
services to which the individuals with disabilities are entitled under 
law other than this Act; and
    5. coordinating activities with protection and advocacy services 
funded through sources other than this title, and coordinating 
activities with the capacity building and advocacy activities carried 
out by the lead agency.
     The Help America Vote Act, Public Law 107-252, Title II, 
Subtitle D, Section 291, (42 U.S.C. 15461), requires each grantee to 
annually submit a narrative report describing the work performed with 
the funds authorized under 42 U.S.C. 15461 of the Help America Vote Act 
of 2002.
    The combined form will also allow federal reviewers to analyze 
patterns more readily between goals, priority setting, and program 
performance. The annual program performance report (PPR) is reviewed by 
federal staff for compliance and outcomes. Information in the PPRs is 
analyzed to create a national profile of programmatic compliance, 
outcomes, and goals and priorities for P&A Systems for tracking 
accomplishments against these goals and priorities and to determine 
areas needing technical assistance, including compliance with Federal 
requirements.
    Information collected in the unified report will inform AIDD of 
trends in P&A advocacy, collaboration with other Federally-funded 
entities, and identify best practices for efficient use of federal 
funds.

Comments in Response to the 60 Day Federal Register Notice

    A 60-day comment period was provided. The solicitation of comments 
for the proposed information collection was published in the Federal 
Register, Vol. 83, No. 198 (Friday, October 12, 2018).
    Five comments were received during the public comment period. Three 
addressed AIDD's and the Secretary's monitoring role of the P&As.
    They were not relevant to this request for comment. One commenter 
suggested AIDD collect information on employees with disabilities in 
the proposed section on ``Consumer Involvement in Governance.'' As 
consumer involvement in all levels of P&A activity is important, AIDD 
adopts that suggestion

[[Page 10098]]

for the revised form. One commenter suggested that we change the list 
of AT devices. After consideration of the comment, AIDD will modify the 
list of AT devices while retaining the majority of the original 
categories. One commenter suggested we delay the data collection for 
one year to allow grantees time to prepare. While this may be optimal, 
two other tools are expiring in 2019. Therefore, AIDD will proceed with 
using this data collection in 2019.
    Issues of the scope, content, availability of data, format, and 
clarity of instructions for the One PPR have been discussed with all of 
the P&A systems through focus groups, work groups, and in conferences 
organized on behalf of Administration on Intellectual and Developmental 
Disabilities by the National Disability Rights Network (NDRN). The 
format is based on the efforts of these focus groups, work groups, and 
conferences.
    The proposed form(s) may be found on the ACL website at: https://www.acl.gov/about-acl/public-input.

Estimated Program Burden

    The annual burden on this form is estimated as 7,296 annual burden 
hours.

----------------------------------------------------------------------------------------------------------------
                                                                  Number of      Average burden
                 Instrument                      Number of      responses per      hours per       Total burden
                                                respondents       respondent        response          hours
----------------------------------------------------------------------------------------------------------------
One Protection and Advocacy Annual Program                57                1              128            7,296
 Performance Report.........................
----------------------------------------------------------------------------------------------------------------


    Dated: March 13, 2019.
Lance Robertson,
Administrator and Assistant Secretary for Aging.
[FR Doc. 2019-05114 Filed 3-18-19; 8:45 am]
BILLING CODE 4154-01-P