Updated March 20, 2024
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
personnel for maintenance, repair, or occasional monitoring
2018 estimates from the U.S. Census Bureau. Congress has
(48 C.F.R. §39.204).
recognized that in addition to making federal information
and data available to the public, it must also make it
The Access Board is an independent agency responsible for
accessible to people with disabilities. Section 508 of the
establishing the Section 508 standards. The President
Rehabilitation Act of 1973 (P.L. 93-112), as amended (29
appoints 13 members of the board, of which at least a
U.S.C. §794d), provides that federal information and data
majority are to be 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 that of 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
federal electronic and information technology (EIT). The
standards in 2000 (referred to as the “original 508
law’s coverage and requirements illustrate the evolution of
standards”). The board has the authority to periodically
accessibility policy in the United States and how Congress
amend the standards to reflect technology advances or
has addressed the changing nature of barriers confronted by
changes in EIT (29 U.S.C. §794d(a)(2)(B)). Revised
people with disabilities. Research suggests that providing
standards took effect in 2018 (often called the “revised 508
accessible EIT improves the experiences of users both with
standards”). These revised standards were subsequently
and without disabilities.
incorporated into the FAR in 2021.
This In Focus provides an overview of Section 508, as well
Accessible Electronic Data and Information. The
as the standards for information technology (IT) and data
standards are published in the Code of Federal Regulations
accessibility set by the Architectural and Transportation
(36 C.F.R. §1194 Appendix A). They direct executive
Barriers Compliance Board (also referred to as the Access
agencies and the USPS to ensure that all information and
Board in 29 U.S.C. §792(a)(1)).
communication technology (ICT) is accessible and usable
by individuals with disabilities, either directly or with the
Section 508 Statutory Requirements
use of assistive technology. ICT includes the technologies,
When Section 508 was first added to the Rehabilitation Act
equipment, systems, or processes that create, manipulate,
in 1986 (P.L. 99-506), the statute was concerned with the
store, display, receive, or transmit electronic data and
accessibility of electronic office equipment to people with
information, as well as any associated content. In addition
disabilities. Congress substantially amended Section 508 as
to hardware, such as fax machines or desktop computers,
part of the Workforce Investment Act of 1998 (P.L. 105-
the standards apply to:
220), requiring federal agencies, including the U.S. Postal
Service (USPS), to develop, procure, maintain, or use EIT
• software and applications (“apps”), including user
that is accessible to federal employees and members of the
interfaces;
public seeking information, data, or services.
• electronic content and the encoding that defines its
The law requires the creation of standards to implement the
structure, presentation, and interactions, including
requirements necessary for accessible EIT (29
agency webpages and electronic documents;
U.S.C.§794d(a)(2)(A)). These standards are to be
incorporated into the Federal Acquisition Regulation
• certain official, nonpublic-facing electronic content that
(FAR), and each federal agency is to incorporate the
constitutes an agency’s official business (e.g., an
standards into procurement policies and directives under its
employee-facing intranet, electronic notices).
control (29 U.S.C. §794d(a)(3)). EIT that is procured by a
federal agency is expected to meet these standards unless an
Web Content Accessibility Guidelines. The Section 508
exception or exemption applies (48 C.F.R. §39.203(a)). EIT
standards incorporate several standards for ICT developed
does not need to comply with the Section 508 standards
by standard-setting entities outside of the federal
when it operates as part of a national security system; is
government, including the Web Content Accessibility
incidental to a contractor for its performance on a federal
Guidelines (WCAG) 2.0. WCAG 2.0 is an international
contract; or is located in spaces frequented only by service
standard developed in 2008 by the World Wide Web
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The Accessibility of Federal Information and Data: A Brief Overview of Section 508 of the Rehabilitation Act
Consortium. WCAG 2.0 provides criteria on how to present
Inaccessibility and Complaints of Noncompliance.
information and data on the internet in specific ways to
Federal employees and members of the public may submit
meet the various needs of individuals with disabilities.
complaints to federal agencies that allege noncompliance
WCAG 2.0 focuses on four “principles of accessibility:”
with Section 508’s accessibility requirements (29 U.S.C.
Content must be “perceivable, operable, understandable,
§794d(f)(2)). Agencies must resolve Section 508
and robust.”
complaints using their internal procedures for complaints
brought under Section 504 of the Rehabilitation Act, which,
The consortium released WCAG 2.1 and WCAG 2.2 in
among other things, prohibits disability discrimination by
2023. Each successive WCAG identifies additional criteria
executive agencies and the USPS (29 U.S.C. §794(a)). In
for enabling accessibility. While the Access Board
February 2023, the D.C. Circuit ruled in Orozco v. Garland
incorporates the earlier WCAG 2.0 into its Section 508
that members of the public and federal employees can sue
standards, the standards do permit the implementation of
federal agencies under Section 508’s enforcement
alternative technical and performance features that result in
mechanism (29 U.S.C. §794d(f)(3)). The ruling extends a
equivalent or greater accessibility than that provided
private right of action to individuals with disabilities who
through conformance to the standards (36 C.F.R. §1194
file complaints requesting accessible EIT and seek only
Appendix A E101.2). Thus, agencies do have some
injunctive or declarative relief.
discretion, beyond conformance to WCAG 2.0, for how to
ensure accessible electronic content.
Separately, agencies may receive informal indications of
inaccessible EIT from the public through specific feedback
Agency Compliance with Section 508
mechanisms. In its 2023 memorandum, OMB requires
Governmentwide Roles. Section 508 requires the Access
agencies to establish ways (e.g., web-based forms and
Board and General Services Administration (GSA) to
emails) for the public to report problems with the
provide technical assistance to individuals and federal
accessibility of agency websites and other digital services.
agencies on the law’s requirements (29 U.S.C. §794d(b)).
These feedback mechanisms, in addition to the instructions
Through its Office of Government-wide Policy, GSA
for filing complaints alleging noncompliance with Section
maintains section508.gov, which centralizes guidance to
508’s requirements, are parts of an accessibility statement
and information for federal agencies.
that agencies are expected to include on their websites.
The E-Government Act of 2002 (P.L. 107-347) assigned the
Alternative Means and Best Meets. Exemptions to
Office of Management Budget (OMB) a role in overseeing
compliance with the Section 508 standards can be applied
the implementation of IT that is accessible to people with
in acquisitions where (1) there is an absence of
disabilities (44 U.S.C. §3602(e)(6)), including using the
commercially available ICT that fully conforms to the
budget review process and other means to ensure
standards, (2) it creates an “undue burden” on an agency,
compliance with Section 508 standards (44 U.S.C.
and (3) the desired ICT would require a “fundamental
§3602(f)(13)). In 2023, OMB issued a memorandum (M-
alteration” (48 C.F.R. §39.205(a)). When commercially
24-08) with requirements and recommendations to agencies
available ICT does not fully conform to the standards,
on implementing Section 508 and rescinded some of the
agencies are to procure ICT that best meets the standards
previous implementation guidance it had issued. OMB uses
and their needs. For any exemption under the FAR or the
the term digital accessibility in its 2023 memorandum,
Section 508 standards, an agency must provide access to the
adding to the terms used by the law (i.e., EIT) and the
information and data by an alternative means that meets the
Access Board (i.e., ICT) to contextualize what is to be
identified needs of individuals with disabilities.
accessible.
Reporting. The Department of Justice is required to submit
Agency Roles. OMB directs each agency chief information
a biennial report to the President and Congress containing
officer to establish a Section 508 program with a Section
information and recommendations on the state of federal
508 program manager. A Section 508 program manager has
agency compliance with Section 508 and actions that
an agencywide role, serving as the principal point of contact
agencies have taken on allegations of noncompliance (29
on accessibility. Program managers are expected to
U.S.C. §794d(d)(2)). Section 752 of the Consolidated
coordinate within their respective agencies to ensure
Appropriations Act, 2023 (P.L. 117-328; 136 Stat. 4719),
compliance with Section 508 requirements, including with
requires annual reporting by GSA to certain congressional
procurement personnel, contracting officers, IT program
committees on compliance by each agency and
and project managers, and product managers. OMB and
governmentwide, including conformance to the Section 508
GSA advise agencies on using several specific tools,
standards. GSA’s report for FY2023 stated that “overall
methods, and other strategies for ensuring Section 508
compliance is well below expectations given the federal
standards are incorporated into the acquisition lifecycle and
government has had over 20 years to implement” Section
for evaluating and monitoring conformance to those
508.
standards.
Natalie R. Ortiz, Analyst in Government Organization and
In the 118th Congress, S. 2910 would amend Section 508 to
Management
require the head of each agency to appoint a compliance
officer who is directly accountable to the agency head and
IF12093
responsible for ensuring compliance with Section 508’s
requirements.
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The Accessibility of Federal Information and Data: A Brief Overview of Section 508 of the Rehabilitation Act


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