Enclosure (5) to COMDTINST 5230.60A
ENFORCEMENT AND COMPLAINT POLICY
The law established an administrative process under which individuals with disabilities,
including employees and members of the public, can file a complaint alleging that a Federal
agency has not complied with the provisions of the Section 508 standards. This process uses the
same administrative complaint procedures established under Section 504 of the Rehabilitation
Act (which covers access to Federally funded programs and services.) It provides injunctive
relief and attorney's fees to the prevailing party, but does not include compensatory or punitive
damages. Individuals may also file a civil action against an agency. The enforcement provisions
of Section 508 are effective as of June 21, 2001. By statute, the enforcement provisions of
Section 508 apply only to EIT procured on or after June 21, 2001. As a result, Section 508 does
not authorize complaints or lawsuits to retrofit technology procured before this date to meet the
Access Board's standards. However, even though Section 508 enforcement mechanisms apply
only to procurement, the law does require access to technology developed, used or maintained
by a Federal agency. Moreover, other sections of the Rehabilitation Act require access to
Federal programs (Section 504) and accommodation of Federal employees with disabilities
(Sections 501 and 504). Federal agencies will use the Access Board's Section 508 standards as a
yardstick to measure compliance with these other sections of the law.
Any USCG civilian employee, or applicant for employment with a disability who believes that
the USCG has not complied with Section 508 with respect to EIT procured on or after June 21,
2001, may initiate an informal complaint with the local USCG civil rights service provider
within 45 days of the alleged instance of non-compliance. The USCG field civil rights staff will
process the informal complaint in accordance with procedures provided under 29 C.F.R. Part
1614 as required by Section 508 (29 U.S.C. 794d(f)(2) and Department of Homeland Security
(DHS) regulations in 6 C.F.R. 15.70.
USCG customers with a disability who believe that the USCG has not complied with Section
508 with respect to EIT procured on or after June 21, 2001, may file a complaint with the USCG
Civil Rights Directorate (G-H). G-H will process complete complaints which are filed by USCG
customers within 180 days of the alleged instance of non-compliance in accordance with the
"Enforcement" requirements of Section 508 (29 U.S.C. 794d), DHS regulations in 6 C.F.R.
15.70, current and future general DHS-wide policies, and forthcoming USCG specific
procedures.