May 3, 2022
The Accessibility of Federal Information and Data: A Brief
Overview of Section 508 of the Rehabilitation Act
Nearly one in four Americans has a disability, according to
procurement policies and directives under its control (29
2018 estimates from the U.S. Census Bureau. Congress has
U.S.C. §794d(a)(3)).
recognized that in addition to making federal information
and data available to the public, it must also be made
The Access Board is an independent agency responsible for
accessible to people with disabilities. Section 508 of the
establishing the Section 508 Standards. Thirteen members
Rehabilitation Act of 1973 (P.L. 93-112), as amended (29
of the board are appointed by the President, of which at
U.S.C. §794d), provides that federal information and data
least a majority are individuals with disabilities. An
are to be accessible to individuals with disabilities.
additional 12 members are the heads of certain executive
Accessibility in this context means ensuring that members
agencies (or their designees). The board is authorized by
of the public and federal employees with disabilities have
statute to conduct investigations, hold public hearings, and
access to and use of information and data that is comparable
issue orders necessary to ensure compliance with various
to what is provided to people without disabilities.
accessibility standards (29 U.S.C. §792(e)(1)).
These statutory requirements—commonly known to
Section 508 Standards
practitioners as Section 508—concern the accessibility of
The Access Board issued the first EIT accessibility
electronic and information technology (EIT) of federal
standards in 2000 (referred to as the “Original 508
departments and agencies. The law’s coverage and
Standards”). The standards were revised in 2017 (often
requirements illustrate the evolution of accessibility policy
called the “Revised 508 Standards”). The board has the
in the United States and how Congress has addressed the
authority to periodically amend the standards to reflect
changing nature of barriers confronted by people with
technology advances or changes in EIT (29 U.S.C.
disabilities.
§794d(a)(2)(B)).
Using accessible EIT may advance inclusion, equity, and
Accessible electronic data and information. The
innovation among and for people with disabilities. Research
standards are published in the Code of Federal Regulations
also suggests that providing accessible EIT improves the
(36 C.F.R. §1194 Appendix A). They direct executive
experiences of users both with and without disabilities.
agencies and the USPS to ensure that all information and
communication technology (ICT) is accessible and usable
This In Focus provides an overview of Section 508, as well
by individuals with disabilities, either directly or with the
as the standards for information technology and data
use of assistive technology. ICT includes the technologies,
accessibility that are set by the Architectural and
equipment, systems, or processes that create, manipulate,
Transportation Barriers Compliance Board (also referred to
store, display, receive, or transmit electronic data and
as the Access Board in 29 U.S.C. §792(a)(1)).
information, as well as any associated content. The
standards apply to:
Section 508 Statutory Requirements
When Section 508 was first added to the Rehabilitation Act

hardware (e.g., a desktop computer; a cell phone);
in 1986 (P.L. 99-506), the statute was concerned with the
accessibility of electronic office equipment to people with

software and applications, including user
disabilities. Congress substantially amended Section 508 as
interfaces (e.g., a word processing computer
part of the Workforce Investment Act of 1998 (P.L. 105-
program);
220) requiring federal agencies, including the U.S. Postal
Service (USPS), to develop, procure, maintain, or use

electronic content, including public-facing content
electronic and information technology that is accessible to
such as agency webpages (e.g., an online
federal employees and members of the public seeking
application portal); and
information, data, or services.

certain official, non-public-facing electronic
The law requires the creation of standards to implement the
content that constitutes an agency’s official
requirements necessary for accessible EIT (29 U.S.C.
business (e.g., training materials; an intranet page).
§794d(a)(2)(A)). Furthermore, these standards are to be
incorporated into the Federal Acquisition Regulation, and
The Section 508 Standards incorporate several standards for
each federal agency is to incorporate the standards into
ICT developed by standard-setting entities outside the
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The Accessibility of Federal Information and Data: A Brief Overview of Section 508 of the Rehabilitation Act
federal government, including the Web Content
would require a “fundamental alteration.” For these specific
Accessibility Guidelines (WCAG) 2.0. The WCAG 2.0 is
exemptions, an agency must provide access to the
an international standard developed in 2008 by the World
information and data by an alternative means that meets the
Wide Web Consortium. The WCAG 2.0 provides direction
identified needs of individuals with disabilities.
on how to present information and data on the internet in
specific ways that meet the specific needs of individuals
Availability of Reporting. OMB requires the largest
with disabilities. The WCAG 2.0 focuses on four
agencies (i.e., those named in the Chief Financial Officers
“principles of accessibility:” Content must be “perceivable,
[CFO] Act) to report twice a year on the maturity of their
operable, understandable, and robust.” As websites become
ICT accessibility program. Non–CFO Act agencies are also
increasingly dynamic and interactive, questions may remain
encouraged to report. The reporting supports the Chief
over whether Section 508 and the WCAG 2.0 can ensure
Information Officers Council and GSA efforts to improve
accessibility to these evolving forms of content.
the management of accessibility programs, reduce
redundancies, and improve collaboration across agencies.
Agency Compliance with Section 508
Agency Roles. Section 508 requires the Access Board and
On a biweekly basis, GSA monitors agency conformance to
General Services Administration (GSA) to provide
some of the Section 508 Standards by scanning the
technical assistance to individuals and federal agencies on
homepage of each federal government website. The results
the law’s requirements (29 U.S.C. §794d(b)). In 2013, the
of the scan are contained in an accessibility compliance and
Office of Federal Procurement Policy within the Office of
conformance dashboard that is currently available to certain
Management and Budget (OMB) issued a memorandum to
government users within federal agencies.
agencies with a strategic plan to improve Section 508
implementation and management. The memo said Section
The Department of Justice (DOJ) is required to submit a
508 implementation at the time was inconsistent. It called
biennial report to the President and Congress containing
for a more comprehensive plan to build and sustain an
information and recommendations on the state of federal
accessible federal technology environment. The plan called
agency compliance with Section 508 and actions that
for GSA to develop a one-stop source of information for
agencies have taken on allegations of noncompliance (29
agencies to successfully implement and manage compliance
U.S.C. §794d(d)(2)). According to DOJ’s Section 508
with Section 508. The website it created is
webpage, the most recent report it issued was in 2012.
http://www.section508.gov.
Issues for Congress
The OMB memo required each agency chief information
The extent to which Section 508 is successful in ensuring
officer to establish a Section 508 program with a Section
EIT and ICT are accessible to people with disabilities is
508 coordinator. Contact information for Section 508
difficult to ascertain despite the number of institutions,
coordinators is publicly available on the Section 508
roles, and activities that are involved in its implementation.
website. Section 508 coordinators develop and maintain
This raises several potential issues Congress may consider:
policies that implement information and communications
technology accessibility laws and regulations in their

Congress could require that GSA’s accessibility
agency, such as procurement, software development, and
compliance and conformance dashboard is
content development and publication policies. Coordinators
available to the public to improve accountability to
are also to ensure that information and computer technology
the public across executive agencies. Congress
meet the “success criteria” established in the Section 508
may also seek to require GSA to incorporate
Standards and assess and report on compliance activities to
additional areas of Section 508 compliance into
OMB.
the dashboard to better inform assessments of
implementation.
Allegations of Noncompliance. Members of the public

To increase knowledge of the benefits and costs of
who believe agencies are not complying with accessibility
making EIT accessible, Congress may call for a
requirements may submit complaints to the agencies
study of federal customer experiences with
involved (29 U.S.C. §794d(f)(2)). Section 508 coordinators
accessible ICT and the challenges of providing
are required to respond to these complaints. The
accessible EIT.
procedures, remedies, and rights available to any individual
filing a complaint of noncompliance with Section 508 are

Congress may take action to ensure that it receives
provided under Title I of the Americans with Disabilities
current reporting from DOJ on the state of agency
Act (42 U.S.C. §12117) and Title VI of the Civil Rights Act
compliance with Section 508 and on the resolution
of 1964 (42 U.S.C. §2000d) (29 U.S.C. §794d(f)(3)).
of Section 508 complaints. Congress could also
examine whether the Access Board is sufficiently
Exemptions and Alternative Means. Several exemptions
involved in issues of Section 508 noncompliance
to an agency’s compliance with ICT accessibility are
to better assess the extent to which noncompliance
permitted under the law and the Section 508 Standards.
is a significant issue.
These exemptions to compliance include, among others: (1)
lack of commercially available ICT, (2) compliance that
Natalie R. Ortiz, Analyst in Government Organization and
creates an “undue burden” to an agency, and (3) ICT that
Management
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The Accessibility of Federal Information and Data: A Brief Overview of Section 508 of the Rehabilitation Act

IF12093


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