Justification for Non-Substantive Changes for 0960-0066

Justification for Non-Substantive Changes for Forms SS-5, SS-5-FS

Application for a Social Security Number (SSN) Card, the Social Security Number Application Process (SSNAP), the Online Social Security Number Application Process (oSSNAP) and the Internet SSN Replacement Card (iSSNRC) Application

20 CFR 422.103 - 422.110

OMB No. 0960-0066

Background

Change 1 – Adjustment in Scope to Add Self-Attestation of Sex Without Medical or Legal Designation of Sex Change

As part of our commitment to reducing barriers and ensuring the fair treatment of the LGBTQ+ community, SSA is changing the scope of this information collection tool to offer the public the choice to self-select their sex on their Social Security number (SSN) record. Specifically, the change will allow people to self-select their sex in our records without needing to provide documentation of their sex designation. The agency anticipates this option will be available in the fall of 2022.

People who update their sex marker in Social Security’s records will need to apply for a replacement SSN card. They will still need to show a current document to prove their identity, but they will no longer need to provide medical or legal documentation of their sex designation once the policy change becomes effective. SSN cards do not include sex markers. We note this change will not result in any actual modifications to the SS-5, oSSNAP, or other forms of the actual collection instrument.

In February 2022, the agency issued guidance instructing employees to accept evidence documents that contain non-binary identifiers (e.g., “X”) for original SSN and replacement SSN card applications, and other updates to the agency’s internal SSN records. Looking to the future, the Agency is exploring possible future policy and systems updates to support an “X” sex designation for the SSN card application process.

Change 2 - Race and Ethnicity:

SSA currently collects race and ethnicity information as part of our SSN card application process (OMB No. 0960-0066). We ask for this information under three of the modalities 0960-0066 comprises, including the Social Security Number Applications Process (SSNAP) script screens (for phone calls or in-office visits), as well as the paper Forms SS-5 and SS‑5‑FS. We collect this information when individuals apply for their original or replacement SSN card in our offices, through video (when applicable), or through the mail. While applicants for original or revised SSN cards must provide all the other information 0960-0066 requests, completing the race and ethnicity questions is voluntary. Our aggregate internal management information data indicates that approximately 51% of respondents complete the racial data questions, while 43% answer the ethnicity questions.

In this non-substantive Change Request, we are adding the voluntary race and ethnicity questions to the oSSNAP application collections under OMB No. 0960-0066 to encourage more applicants to answer these questions as they file for an SSN card. We hope our doing so will encourage more respondents to answer the questions, in accordance with the goals of the Administration’s Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.

Specific Revisions to the Collection Instruments

Online Social Security Number Application Process (oSSNAP):

• Change #1: We are adding Race and Ethnicity script and questions into the Online Social Security Number Application Process (oSSNAP), as well as a summary page for the responses which will allow the respondents to review and revise their responses as needed.

Justification #1: We are making the change to help encourage more respondents to answer the voluntary race and ethnicity questions within our online enumeration product. SSA hopes to use the data we collect through the race and ethnicity questions to ensure we are treating our applicants and beneficiaries equitably.

These revisions will not change the overall burden for this information collection. We will implement these revisions upon OMB’s approval.

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