By Macy Cheeks and Victoria Ungvary
BLOG OVERVIEW: OFCCP's Voluntary Self-Identification of Disability Form (CC-305) is set to expire on April 30, 2026, and no renewal notice has yet been published in the Federal Register. Under the Paperwork Reduction Act, federal agencies must seek OMB approval every three years to continue using an information collection, and the absence of an initial 60-day notice suggests the form may lapse before renewal is finalized. If the form expires, federal contractors face competing obligations between the PRA's public protection provision and the ongoing self-identification requirements under Section 503 of the Rehabilitation Act. Until OFCCP issues further guidance or a final rule is published, contractors should consider continuing to use the current CC-305 form to demonstrate good-faith compliance with existing regulations.
Federal contractors are required to invite applicants and employees to voluntarily self-identify their disability status using the Office of Management and Budget (OMB)-approved Voluntary Self-Identification of Disability Form CC-305. This form will expire on April 30, 2026; however, we have yet to see movement from the Office of Federal Contract Compliance Programs (OFCCP) regarding its renewal. The lack of guidance from the agency creates uncertainty for federal contractors and may also signal the broader fate of disability data collection moving forward.
Information Collection Renewals Under the Paperwork Reduction Act
Under the Paperwork Reduction Act (PRA) (44 U.S.C. § 3512), federal agencies must seek renewal with OMB every three years to continue using an information collection regardless of whether changes are being made. The renewal is similar to the approval process for a new form and includes publishing a 60-day and 30-day notice in the Federal Register, along with an OMB review of supporting documentation. Because OFCCP’s initial 60-day notice has not been published in the Federal Register to date, it is likely that Form CC-305 will expire before a renewal can be approved.
This would not be the first time an OMB-approved information collection request (ICR) expires before a renewal is finalized. Typically, if the renewal of an ICR is still being reviewed, OMB allows the existing information collection to continue in month-to-month increments. In 2020, for example, the revisions to the Voluntary Self-Identification of Disability Form were not submitted to OMB until the expiration date of the then-current form. Because the renewal was submitted before the approval lapsed, the collection was permitted to continue during OMB’s review, allowing contractors to use the existing form for more than three months before final approval of the renewal was issued.
Compliance Considerations if CC-305 Expires
If the disability self-identification form expires without a renewal request, employers could find themselves navigating competing federal standards. Under the PRA, there is a “public protection” provision stating that no person shall be subject to penalties for failing to comply with a collection of information that does not display a valid OMB control number. In theory, this provision functions as a legal shield against penalties tied directly to the use of an expired information collection.
At the same time, a lapse in the form’s OMB approval does not eliminate the underlying regulatory obligations imposed by Section 503 of the Rehabilitation Act (Section 503). The regulations at 41 C.F.R. § 60‑741.42 require federal contractors to invite applicants and employees to self‑identify their disability status using the “prescribed form” provided by OFCCP. Complicating matters further, OFCCP’s proposed changes to the Section 503 regulations and elimination of the self-id form[AB9] would remove the disability self‑identification requirement altogether. As a result, it is possible that OFCCP may elect not to submit a renewal request for Form CC‑305 even though a decision on the final Section 503 rulemaking has not yet been completed.
Barring any conflicting guidance from OFCCP or legal counsel, DCI recommends that contractors continue using the existing Form CC-305 until more information is available or a final rule is published. Continuing the current practice demonstrates a good‑faith effort to comply with existing regulatory requirements and helps avoid disruptions in the data necessary to perform annual analyses while the current Section 503 regulations remain in effect.
DCI will continue to monitor the Federal Register for any notices published regarding the renewal of the disability self-identification form.