Supporting Statement A_3206-0248

Supporting Statement A Paperwork Reduction Act Submission

OMB Control Number 3206-0248

OPM Form 1655 – Application for Senior Administrative Law Judge

OPM Form 1655-A – Geographic Preference Statement for Senior Administrative Law Judge Applicant

Justification: Renewal without change of an existing information collection.

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.

Title 5 U.S.C. § 3323(b), 5 CFR 930.204(b), and 5 CFR 930.209 describe the Office of Personnel Management’s (OPM) role in managing the Senior Administrative Law Judge (ALJ) Program and define the rules and regulations that govern the program. This program allows retired ALJs to be reemployed as Senior ALJs to hear and decide agency cases in a variety of subject matters. OPM currently maintains a Senior ALJ Master List of retired ALJs who are available to serve as Senior ALJs. They are required to submit an application for reemployment and proof of licensure and to answer a series of questions regarding geographic and personal preferences.

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.

OPM Form 1655 is an application form used to capture the necessary information required for reemployment as a Senior ALJ. The creation of this form streamlined the application process for the Senior ALJ position by allowing the retired judges to place all their requested information on these tailored forms. In addition, it allows for easier data entry, and eliminated the need for further contact with Senior ALJ applicants for additional information.

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

The information collected cannot be obtained from other sources. The forms are available on the OPM.gov and are downloadable in a PDF format. OPM will continue to explore automation, electronic, and other technological tools to attempt to minimize burden to both respondents and the agency.

4. 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.

Respondents initiate the application process to return to work as a Senior ALJ. The form was drafted to attempt to collect the minimum information needed in order to properly assess their re-employment eligibility, experience, and desired geographic location - all information either the agency does not have or that may have drastically changed over a short period of time.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize.

This collection of information does not affect small businesses or other small entities.

6. Describe the consequence to Federal/DHS program or policy activities if the collection of information is not conducted, or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Senior ALJs hear and decide cases involving a variety of subject matters. According to 5 CFR 930.209, they must be deemed qualified to serve as a Senior ALJ as defined by OPM regulations. Insufficient collection of information could result in noncompliance with law and regulation.

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 that 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.

OPM Forms 1655 and 1655-A do not meet the criteria listed under item 7.

8. Federal Register Notice: Provide a copy and identify the date and page number of the publication in the Federal Register of the agency’s notice soliciting comments on the information collection prior to submission to OMB.

A 60 Day Federal Register Notice was published on September 25, 2023 (88 FR 65759) and a 30 Day Federal Register Notice was published on August 5, 2024 (89 FR 63453). No comments were received for either posting.

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

No gifts or payments of any kind have been or will be provided to respondents in connection with this collection.

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

This information collection is protected by the Privacy Act of 1974 and OPM regulations (5 CFR 831.106, 47 FR 12937). The routine uses for disclosure appear in the Federal Register for OPM/Central-6 (87 FR 5874, February 2, 2022).

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. This 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 information collection does not include questions that are of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.

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

    1. 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 desired. 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.

2. 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 13 of OMB Form 83-I.

3. Provide estimates of annualized cost to respondents for 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.

Based on program activity of the past three years, we estimate 150 respondents for OPM Form 1655. Because OPM Form 1655-A only asks for geographic preferences, which will change based on the respondent’s preferences at any point in time, we estimate a slightly larger pool of responses at 200.

The only cost to respondents is the time taken to complete an application. The wage rate used below is based on the Bureau of Labor and Statistics as of May 2023 for Administrative Law Judges.

Form Name	Form Number	No. of Respondents	Average Burden per Response (in hours)	Total Annual Burden (in hours)	Average Hourly Wage Rate	Total Annual Respondent Cost
Application for Senior Administrative Law Judge	OPM Form 1655	150	.75	113	$57.67	$6,488
Geographic Preference Statement for Senior Administrative Law Judge Applicant	OPM Form 1655-A	200	.42	84	$57.67	$4,844

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: (1) 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 purchasing or 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 to keep records for the government, or

(4) as part of customary and usual business or private practices.

OPM does not charge any fees for this collection. On average, four respondents annually (or one per quarter) will submit this form by mail. Those respondents print the four pages of the form plus another page to submit proof of their license, estimated at $.08 each. The United States Postal Services website lists the standard letter size postage as $0.68. In addition, OPM believes that these respondents’ preference to use USPS over electronic mail would mean they are able to use their own mailbox or access others easily in their daily lives, making calculating mileage for this collection unnecessary. Therefore, OPM estimates the annual monetary cost of this collection is $4.32

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 have been incurred without this collection of information. You may also aggregate cost estimates for Items 12, 13, and 14 in a single table.

The estimated annualized cost to the Federal Government is based on the 2024 annual GS-12/5 salary of the support staffer used to review and process these applications as part of their general work assignments. We’ve also added an additional 100% overhead.

$53.87 x 2.5 hours per week x 52 weeks per year = $7,003

$7,003 x 2 = $14,006

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I. Changes in hour burden, i.e., program changes or adjustments made to annual reporting and recordkeeping hour and cost burden. A program change is the result of deliberate Federal government action. All new collections and any subsequent revisions of existing collections (e.g., the addition or deletion of questions) are recorded as program changes. An adjustment is a change that is not the result of a deliberate Federal government action. These changes that result from new estimates or actions not controllable by the Federal government are recorded as adjustments.

The updates in the hour and cost burden described above are due to the latest statistics provided by government reporting and other resources as well changes in the agency’s reporting of information available. OPM therefore considers these updates “adjustments” and not the result of deliberate Federal government action.

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.

Information collected on the forms will not be published. OPM only uses this information to match the respondent to employing agencies in need of retired ALJ expertise.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain 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 Item 19 “Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.

There are no exceptions to the certification statement.

B. Collection of Information Employing Statistical Methods

This information collection does not employ statistical methods.