A group of U.S. Senators have introduced a bill to update Section 508 of the Rehabilitation Act of 1973. The refresh would add new digital accessibility requirements for federal agencies and their contractors.
Senators Tammy Duckworth (D-IL), Bob Casey (D-PA), John Fetterman (D-PA), and Ron Wyden (D-OR) have sponsored the Section 508 Refresh Act, which seeks to reduce accessibility barriers in federal government technologies. It builds on the current requirements of the Rehabilitation Act, which were last refreshed in January 2018.
“So many Americans rely on programs and services provided by the federal government—and yet, too many federal websites and apps remain nearly impossible to use by Americans with disabilities, preventing them from accessing vital information and resources,” said Duckworth in a press release.
“I’m proud to help Senator Casey introduce this legislation that would help ensure federal websites and technology are more accessible for all users and make sure the disability community is not left behind in an increasingly digital world.”
The Section 508 Refresh Act would mandate regular accessibility testing
The proposal would add new requirements to Section 508, which would:
- Ensure that people with disabilities are involved in testing and acquiring federal technology.
- Improve the complaint process for Section 508.
- Create a new process for selecting federal technology.
- Mandate regular testing of federal technology to ensure accessibility.
- Assign qualified Section 508 compliance officers to each federal department and agency.
The Section 508 Refresh Act is supported by the National Federation of the Blind and the National Association of the Deaf.
Related: What Are Exceptions to Section 508 Accessibility Requirements?
Federal agencies currently struggle with Section 508 compliance
Section 508 requires that federal agencies follow most of the requirements of the Web Content Accessibility Guidelines (WCAG) version 2.0 Level A/AA.
WCAG is the international standard for digital accessibility and the basis for many digital accessibility laws, including Title II of the Americans with Disabilities Act (ADA), which also applies to U.S. government agencies. But despite Section 508’s clear requirements, the federal government has struggled with compliance.
According to the Office of Management and Budget (OMB), nearly half of the most popular federal government websites are not fully accessible to all Americans. That might actually be a high estimate: In a 2023 report from the General Services Administration, 76% of respondents displayed accessibility performance “well below the statutory requirement of Section 508.
Digital accessibility is a nonpartisan issue
At this time, all of the Senators sponsoring the Section 508 Refresh Act are Democrats. However, other recent digital accessibility bills have seen bipartisan, bicameral support. Given that 25% of U.S. adults have disabilities, both parties have strong reasons to care about accessibility.
The most recent major bipartisan effort towards web accessibility legislation was the Websites and Software Applications Accessibility Act. Introduced in 2022, the law would have built on the ADA by establishing a “clear, enforceable accessibility standard.”
To date, the bill hasn’t received a vote. However, in April of 2024, the Department of Justice finalized a rule establishing WCAG 2.1 Level AA as the standards for compliance with Title II of the ADA. Title II applies to state and local government agencies, while Title III applies to businesses and other places of public accommodation.
Related: Justice Department Releases First Federal Web Accessibility Compliance Report in a Decade
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