Which WCAG Version Do Federal Accessibility Rules Cite?

Two separate federal rules name two separate, dated versions of the Web Content Accessibility Guidelines (WCAG). Federal agency information and communication technology (ICT), covered under Section 508 of the Rehabilitation Act and Section 255 of the Communications Act (36 CFR part 1194), is bound to WCAG 2.0, the W3C Recommendation dated December 11, 2008 (see Key points below). A separate rule — the ADA Title II web rule for state and local government entities (28 CFR 35.200(b)(3)) — incorporates a different, later publication: WCAG 2.1, dated June 5, 2018 per its incorporated URL. This article states only which named, dated WCAG publication each rule incorporates by reference, plus a named exception the Section 508/255 rule carries for non-Web documents.

This original record-reading guide is a general reading aid, not cited evidence. It does not depict a source record; the article text and source links provide the facts.

Key points

• 36 CFR part 1194 incorporates by reference “WCAG 2.0, Web Content Accessibility Guidelines, W3C Recommendation, December 11, 2008” (eCFR, 36 CFR 1194), applied through Appendix A scoping provisions E205.4 (electronic content) and E207.2 (software).
• Both scoping provisions require conformance to “Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0” (eCFR, 36 CFR 1194).
• The rule also carries a named exception: non-Web documents are excused from four specific WCAG 2.0 Success Criteria — 2.4.1 Bypass Blocks, 2.4.5 Multiple Ways, 3.2.3 Consistent Navigation, and 3.2.4 Consistent Identification. (eCFR, 36 CFR 1194)
• The separate ADA Title II web rule instead incorporates WCAG 2.1, citing the W3C’s June 5, 2018 recommendation text at its own dated URL (eCFR, 28 CFR 35.200).
• These are two distinct rules citing two distinct, dated WCAG publications — not one shared or updated standard. (eCFR, 36 CFR 1194, eCFR, 28 CFR 35.200)

Section 508 WCAG citation

36 CFR part 1194 incorporates by reference:

“WCAG 2.0, Web Content Accessibility Guidelines, W3C Recommendation, December 11, 2008, IBR approved for: Appendix A (Section 508 of the Rehabilitation Act: Application and Scoping Requirements), Sections E205.4, E205.4 Exception, E205.4.1, E207.2, E207.2 Exception 2, E207.2 Exception 3, E207.2.1, E207.3; Appendix B (Section 255 of the Communications Act: Application and Scoping Requirements), C203.1, C203.1 Exception, C203.1.1, C205.2, C205.2 Exception 2, C205.2 Exception 3, C205.2.1, C205.3; and Appendix C (Functional Performance Criteria and Technical Requirements), 408.3 Exception, 501.1 Exception, 504.2, 504.3, 504.4, and 602.3.” — eCFR, 36 CFR part 1194

Within that incorporation, the Appendix A scoping sections state the operative conformance requirement in plain terms:

“Electronic content shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0.” — eCFR, 36 CFR part 1194

This is the same conformance level cited for both E205.4 (electronic content) and E207.2 (software) in Appendix A of 36 CFR part 1194.

The Non-Web Documents Exception

The WCAG 2.0 freeze is not absolute. Among the exception subsections the regulation incorporates by reference, one addresses content that is not delivered over the Web:

“Non-Web documents shall not be required to conform to the following four WCAG 2.0 Success Criteria: 2.4.1 Bypass Blocks, 2.4.5 Multiple Ways, 3.2.3 Consistent Navigation, and 3.2.4 Consistent Identification.” — eCFR, 36 CFR part 1194

This article does not describe the technical content of these four Success Criteria beyond naming them (see “What This Article Does Not Answer” below).

When the Rule Took Effect

The current version of 36 CFR part 1194 traces to a 2017 update and a later amendment:

“On January 18, 2017, the Access Board issued a final rule that updated accessibility requirements covered by Section 508 and refreshed guidelines for telecommunications equipment subject to Section 255 of the Communications Act.” — Section508.gov, Laws and Policies

“The final rule went into effect on January 18, 2018.” — Section508.gov, Laws and Policies

The eCFR text itself records the same rule history and an amendment date:

“[82 FR 5832, Jan. 18, 2017, as amended at 83 FR 2916, Jan. 22, 2018]” — eCFR, 36 CFR part 1194

That January 22, 2018 date marks a later Federal Register amendment to the rule text, distinct from the January 18, 2018 effective date quoted above.

The regulation’s part-level source note dates to the original 2000 rule:

“Source: 65 FR 80523, Dec. 21, 2000, unless otherwise noted.” — eCFR, 36 CFR part 1194

The Section508.gov summary page also carries its own page-maintenance stamp, which marks when the page was last reviewed — not a rule effective date:

“Reviewed/Updated: July 2026” — Section508.gov, Laws and Policies

ADA Title II WCAG citation

A separate regulation — the Department of Justice’s ADA Title II web accessibility rule for state and local government entities, at 28 CFR 35.200(b)(3) — does not point to WCAG 2.0. It incorporates a later W3C publication:

“WCAG 2.1 is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.” — eCFR, 28 CFR 35.200

The regulation identifies the specific dated WCAG 2.1 recommendation it incorporates. The date embedded in that cited address — 2018-06-05 — is how the regulation itself dates the recommendation.

What This Article Does Not Answer

This article names which dated WCAG publication each of two federal rules incorporates by reference; it does not go further. Specifically, it does not:

• Determine which rule — the Section 508/255 rule at 36 CFR part 1194 or the ADA Title II web rule at 28 CFR 35.200 — applies to any particular system, agency, or entity.
• Assess whether any specific product, document, piece of software, or website actually conforms to WCAG 2.0 or WCAG 2.1.
• Explain how a federal contractor’s compliance obligations arise or what other rules may govern that question.
• Describe the technical content of any WCAG Success Criterion, beyond naming the four Success Criteria excepted for non-Web documents.
• Make any compliance, eligibility, or entitlement determination about any agency, vendor, or person.

Source links

• https://www.ecfr.gov/current/title-36/part-1194
• https://www.ecfr.gov/current/title-28/section-35.200
• https://www.section508.gov/manage/laws-and-policies/