[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR15.60]

[Page 73-74]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 15_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY 
 
Sec.  15.60  Communications.

    (a) The Department shall take appropriate steps to effectively 
communicate with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The Department shall furnish appropriate auxiliary aids where 
necessary to afford an individual with a disability an equal opportunity 
to participate in, and enjoy the benefits of, a program or activity 
conducted by the Department.
    (i) In determining what type of auxiliary aid is necessary, the 
Department shall give primary consideration to the requests of the 
individual with a disability.
    (ii) The Department need not provide individually prescribed 
devices, readers for personal use or study, or other devices of a 
personal nature to applicants or participants in programs.
    (2) Where the Department communicates with applicants and 
beneficiaries by telephone, the Department shall use telecommunication 
devices for deaf persons (TTYs) or equally effective telecommunication 
systems to communicate with persons with impaired hearing.
    (b) The Department shall make available to interested persons, 
including persons with impaired vision or hearing, information as to the 
existence and location of accessible services, activities, and 
facilities.
    (c) The Department shall post notices at a primary entrance to each 
of its inaccessible facilities, directing users to an accessible 
facility, or to a location at which they can obtain information about 
accessible facilities. The international symbol for accessibility shall 
be used at each primary entrance of an accessible facility.
    (d) This section does not require the Department to take any action 
that it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens.
    (e) In those circumstances where Department personnel believe that 
the proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the 
Department has the burden of proving that compliance with this section 
would result in such alteration or burdens. The decision that compliance 
would result in such alteration or burdens must be made by the Secretary 
of Homeland Security (or his or her designee) after considering all 
resources available for use in the funding and operation of the 
conducted program or activity and must be accompanied by a written 
statement of

[[Page 74]]

the reasons for reaching that conclusion. If an action required to 
comply with this section would result in such an alteration or such 
burdens, the Department shall take any other action that would not 
result in such an alteration or such burdens but would nevertheless 
ensure that, to the maximum extent possible, individuals with a 
disability receive the benefits and services of the program or activity.