[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR1807.160]

[Page 411]
 
                        TITLE 32-NATIONAL DEFENSE
 
           CHAPTER XVIII--NATIONAL COUNTERINTELLIGENCE CENTER
 
PART 1807_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY
 
Sec.  1807.160  Communications.

    (a) The NACIC shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public as follows:
    (1)(i) The NACIC shall furnish appropriate auxiliary aids if 
necessary to afford an individual with disabilities an equal opportunity 
to participate in, and enjoy the benefits of, a program or activity 
conducted by the NACIC.
    (ii) In determining what type of auxiliary aid is necessary, the 
NACIC shall give primary consideration to the requests of the individual 
with disabilities.
    (2) Where the NACIC communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf persons (TDD's) or 
equally effective telecommunication systems shall be used to communicate 
with persons with impaired hearing.
    (b) The NACIC shall ensure that interested persons, including 
persons with impaired vision or hearing, can obtain information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) This section does not require the NACIC 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. In those circumstances where NACIC personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the NACIC 
has the burden of proving that compliance with Sec.  1807.160 would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the NACIC head or 
his or her designee after considering all NACIC resources available for 
use in the funding and operation of the conducted program or activity 
and must be accompanied by a written statement of 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 NACIC 
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 disabilities receive the benefits and 
services of the program or activity.