Section 508 Exceptions

IT project and acquisition teams can use the following guidelines to determine if a Section 508 exception applies. The guidelines also outline how to request  an exception. Contact the DOI Section 508 Program Branch at Section508@ios.doi.gov to determine whether an exception may apply to project deliverables, and to learn how to apply for authorization.

Exceptions Allowed Under Section 508 

In 1998, Congress amended the Rehabilitation Act of 1973 to require federal agencies to make their information and communications technology (ICT) accessible to people with disabilities. The law (29 U.S.C § 794 (d)) applies to all federal agencies that develop, procure, maintain, or use electronic and information technology. Under Section 508, agencies must give disabled employees and members of the public access to information comparable to that available to others. 

Because Section 508 requirements are federal law, the agency cannot waive these legal responsibilities through policy or internal decision making. However, the law provides for the following exceptions. 

General Exceptions 

  • Legacy ICT Exception 

  • National Security Exception 

  • Federal Contracts Exception 

  • ICT Functions Located in Maintenance and Monitoring Spaces Exception  

  • Undue Burden Exception 

  • Fundamental Alteration Exception 

  • Best Meets Exception 

Exceptions do not negate accessibility issues. When claiming an Undue Burden, Fundamental Alteration or Best Meets Exception, the project team must document the exception justification.  If the exception is approved, the relevant technology component is not required to conform to the Section 508 standards. However, the project team is required to provide Alternative Means to people who have disabilities (E202.6.3 and E202.7.2 Alternative Means).  

When Authorization to Use an Exception is Recommended 

Technology TypeWhen Authorization is Recommended
Commercial off the shelf (COTS) products and services
  • Section 508 exceptions should be authorized before the solicitation is finalized.
  • Section 508 exceptions should be finalized before the technology is acquired.
  • Do not wait until after acquisition of an inaccessible COTS product to request an exception.
Modified or custom developed technology
  • Exceptions should be authorized before technology is migrated to production.
  • Do not migrate a custom product to a production environment and then ask for an exception.

Definitions and Authorization Requirements 

The following guidelines will help you determine if Section 508 exceptions apply to specific technology products and services.  

Legacy ICT Exception 

Note: This exception is rarely applicable. The Legacy ICT Exception applies only to any component or portion of existing ICT that complied with the original Section 508 Standards issued on December 21, 2000. The ICT component or portion should not have been altered on or after Jan. 18, 2018. Where the Legacy ICT Exception applies, ICT is not required to conform to the Revised Section 508 Standards, which took effect Jan. 18, 2018.  

National Security System Exception 

The National Security Exception applies only to technology that is a) covered under the Section 508 standards, and b) is attached or part of a federal agency’s telecommunications or information system. The exception applies only to systems where the function, operation, or use of which meets one or more of the following regulatory criteria found in 40 U.S.C. 11103(a): 

(Paragraph 1) 

(A) involves intelligence activities; 

(B) involves cryptologic activities related to national security; 

(C) involves command and control of military forces; 

(D) involves equipment that is an integral part of a weapon or weapons system; or 

(E) subject to paragraph (2), is critical to the direct fulfillment of military or intelligence missions. 

(Paragraph 2)  

LIMITATION. Paragraph (1)(E) does not include a system to be used for routine administrative 

and business applications (including payroll, finance, logistics, and personnel management applications). 

Federal Contracts Exception 

The Federal Contracts Exception applies only to technology acquired by a contractor, incidental to a contract, and owned by a contractor. It does not apply to technology that will be procured or used by the government. 

ICT Functions Located in Maintenance and Monitoring Spaces Exception 

The ICT Functions Located in Maintenance and Monitoring Spaces Exception applies only to technology functions (for example, status indicators or operable parts and physical controls) that are in locations used by service personnel for maintenance, repair, and occasional equipment monitoring. (Examples of these locations include a clean room or a server closet). This exception remains authorized only if the hardware remains in a location exclusively used for maintenance and monitoring. In addition, if associated with an acquisition, the exception will expire when the contract ends. The exception does not apply to software or operating systems that can be accessed outside of the location used for maintenance, repair, and occasional equipment monitoring. 

Undue Burden Exception 

The Undue Burden Exception applies only when an agency determines that specific features or functions of the technology cannot conform to the Section 508 Standards without imposing an undue burden on the agency or component. An Undue Burden is a significant expense or difficulty related to resources available to the agency or bureau (e.g., FWS).  

In order to submit an Undue Burden Exception request, you must complete the Undue Burden Exception form and provide the form to the DOI Section 508 Program Branch, Section508@ios.doi.gov, for approval. The threshold for obtaining approval is high. Specific cost estimates are required for consideration. Vague statements, such as “the bureau cannot afford to make these changes” or “the project schedule does not allow the changes required,” will not be accepted. 

Fundamental Alteration Exception 

The Fundamental Alteration Exception only applies to technology when a fundamental alteration to the technology’s features and functions results in a product that no longer meets the agency business needs. This exception remains authorized if the scope of the underlying technology remains consistent with the ICT scope at the time of this authorization. Major scope upgrades, changes, and expansion beyond the original system boundary require additional Section 508 review and approval. Boundary expansion includes sharing electronic content with other systems not covered under the original authorization. In addition, if associated with an acquisition, this authorization will expire when the contract ends. To submit a Fundamental Alteration Exception request, you must complete the Fundamental Alteration Exception form and provide the form to the DOI Section 508 Program Branch, Section508@ios.doi.gov, for approval. 

Best Meets Exception 

The Best Meets Exception applies where technology conforming to one or more requirements in the Revised Section 508 Standards is not commercially available. When this occurs, the agency must procure technology that best meets the Section 508 Standards and business needs. When claiming this exception, the agency must document its justification and provide alternative means of access for people with disabilities. To submit a Best Meets Exception request, you must complete the Best Meets Exception form and return it to the DOI Section 508 Program Branch, Section508@ios.doi.gov, for approval.

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