Legislation to Ensure Digital Access for Americans with Disabilities Proposed

Proposed legislation aims to ensure that Americans with disabilities can access digital services from the federal government, including websites, documents, and other digital information.

The Section 508 Refresh Act was proposed by a group of Democratic senators, led by Senate Committee on Aging Chairman Bob Casey (D-PA).

It would be the first major congressional update to Section 508 of the Rehabilitation Act since 1998 when federal agencies were just starting to go online. Section 508 requires agencies to make federal technology accessible to all.

“The federal government has an obligation to ensure that its services are accessible to people with disabilities, including its websites and technology,” said Chairman Casey. “We would not ask someone using a wheelchair to walk up the courthouse steps, but we are doing something similar when we ask people with disabilities to use federal websites, apps, kiosks, and other technologies that are not accessible.”

The legislation comes after a 2022 investigation by the Aging Committee found that department and agency technology, particularly within the Department of Veterans Affairs (VA) was often out of compliance.

 The new legislation would make several changes:

·      Require federal departments agencies to include people with disabilities in acquisition and accessibility testing of federal technology.

·      Reform the complaint process.

·      Launch a new process for federal technology acquisitions with rigorous requirements for ensuring the technology is accessible.

·      Mandate regular testing to ensure accessibility.

·      Direct each department and agency to appoint Section 508 compliance officers.

A separate report from the General Services Administration (GSA) also found that government technology was not meeting Section 508 accessibility standards.

That report found that “overall compliance to Section 508 is well below expectations.”

OMB Action

In addition to Congressional action, the Office of Management and Budget (OMB) released new digital accessibility guidance in December 2023. That guidance called for agencies to test products for accessibility before releasing them, designate a program manager for digital accessibility, and make accessibility experts part of the procurement process.

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