NASA Policy Directive |
NPD 2025.1B Effective Date: August 28, 2013 Expiration Date: April 28, 2029 |
a. It is NASA's policy to provide civil servants, Center contractor workforce, and other individuals (e.g., partners, customers) who are working in or on a NASA-controlled facility with an informal, independent, confidential, and neutral channel to communicate and facilitate resolution of issues and concerns related to safety, organizational performance, or mission success without fear of retribution. To accomplish this policy, NASA will continue the NASA Ombuds Program based on the principles of informality, independence, confidentiality, and neutrality; the International Ombuds Association Code of Ethics and Standards of Practice; and the Administrative Dispute Resolution Act of 1996. The International Ombuds Association Code of Ethics and Standards of Practice are subordinate to Federal law and regulation and the requirements of this NPD where conflicts exist (e.g., required reporting of criminal activity).
(1) Informality - means the NASA Ombuds Program will function independently of all formal management, administrative, or criminal processes.
(2) Independence - means the Ombuds will not be encumbered by line management functions. At the Centers, the Ombuds will report Ombuds- related matters directly to the Center Director. At Headquarters the Ombuds will report Ombuds-related matters directly to the Director, Headquarters Operations and Support Mission Support Directorate and the Deputy Director, Headquarters Operations and Support Mission Support Directorate.
(3) Confidentiality - means the Ombuds will maintain complete confidentiality as to the identity of those who visit the Ombuds and the substance of those discussions except, at the sole discretion of the Ombuds, under either of the following circumstances or as required by law:
(a) When given permission by the visitor and solely for the purpose of a communication within the NASA Center or Headquarters that employs the visitor.
(b) When the Ombuds is confronted with a situation that appears to present an imminent risk of harm to an individual, damage to property, or a crime.
(4) Neutrality - means the Ombuds will not serve as a representative or advocate for any visitor's issues or concerns within NASA; however, an Ombuds will advocate for fair processes and administration.
b. NASA shall establish a minimum of one Ombuds at every Center and at Headquarters to implement this policy. Center and Headquarters Ombuds will be provided with direct unrestricted, and unimpeded access to the Center Director, Headquarters Executive Director for Operations, Deputy Administrator, Director, Headquarters Operations and Support Mission Support Directorate, respectively.
c. All Ombuds offices shall be located in a discreet location to the greatest extent practicable to protect the privacy of visitors.
(1) Any office record-keeping system and/or database will be independent of the Agency's information technology systems with access allowed only to the Ombuds, except to the extent adequate safeguards are in place to ensure system security in conjunction with visitor confidentiality.
(2) All Ombuds offices will be sufficiently secured to ensure the confidentiality of private information and conversations, and the Ombudsman will regularly purge visitor identity information.
a. This NPD applies to all employees, onsite contractors (only to the extent specified or referenced in the appropriate contract) and other individuals at NASA Headquarters and NASA Centers, including Component Facilities. The Ombuds Program is also available to offsite NASA contractors, but limited to communicating safety issues or concerns involving:
(1) Hardware, systems, and/or facilities being developed for NASA.
(2) Hardware, systems, and/or facilities that are owned by the Federal Government but managed under contract by an offsite contractor.
b. This NPD does not apply to the Office of the Inspector General's Whistleblower Protection Ombuds or the NASA Ombuds for Acquisition. Information about both programs can be found at: http://oig.nasa.gov/whistleblower.html and http://prod.nais.nasa.gov/pub/pub_library/Omb.html, respectively.
c. This NPD does not exempt any NASA employee, including a NASA Ombuds, from the responsibilities imposed by law to report criminal violations, e.g., under the Inspector General Act of 1978, as amended, 5 U.S.C. App. III and Investigation of Crimes Involving Government Officers and Employees 28 U.S.C. §535.
d. In this NPD, all mandatory actions (i.e., requirements) are denoted by statements containing the term "shall." The terms: "may" or "can" denote discretionary privilege or permission, "should" denotes a good practice and is recommended but not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.
e. In this directive, all documented citations are assumed to be the latest version unless otherwise noted.
a. The National Aeronautics and Space Act, 51 U.S.C. § 20113 (a).
b. Administrative Dispute Resolution Act, 5 U.S.C. §571 et seq.
a. The Freedom of Information Act, 5 U.S.C. §552.
b. Inspector General Act of 1978, as amended, 5 U.S.C. App. III.
c. Investigation of Crimes Involving Government Officers and Employees, 28 U.S.C. §535.
d. NPR 1441.1, NASA Records Retention Schedules.
a. The Director, Headquarters Operations and Support Mission Support Directorate shall appoint the Ombuds Program Lead and a minimum of one Headquarters Ombuds.
b. Center Directors shall appoint one or more Center Ombuds and may designate which Center Ombuds will be the primary contact for administrative matters.
c. Center and Headquarters Ombuds shall be senior-level employees (SES or GS-14/15 grade level), serve in a role separate from management, and not own an organization process (i.e., compliance or human resources policy).
(1) The Ombuds Program Lead may waive the grade level requirement for exceptional Ombuds candidates.
(2) Center Directors may appoint as an Ombuds a management official who has a minimal number of direct reports if the Center is limited by the number of other qualified senior-level officials able to serve. Exceptions to 5c(2) shall receive written approval from the Ombuds Program Lead.
(3) Ombuds selections shall be made to provide diversity and minimize the potential for conflicts of interest between the Ombuds Program and visitors. A potential conflict of interest exists when the Ombuds has functional or managerial responsibility for the area identified by the visitor. Visitors may seek assistance from other Center Ombuds at any time.
d. The Ombuds Program Lead, the Director, Headquarters Operations and Support Mission Support Directorate, shall:
(1) Review and oversee the Centers' and Headquarters' implementation of this policy.
(2) Periodically convene the Agency's Ombuds to share best practices and lessons learned.
(3) Monitor, measure, and analyze the Agency Ombuds Program through evaluations of the Centers' and Headquarters' Ombuds functions and provide updates to the Director, Headquarters Operations and Support Mission Support Directorate for evaluation and feedback.
(4) Ensure that the appropriate training, skill, and knowledge base are provided to all Agency Ombuds.
(5) Ensure the management and disposal of any program documentation (such as Annual Program Reports) in accordance with NPR 1441.1, NASA Records Retention Schedules.
e. Center and Headquarters Ombuds shall:
(1) Implement the policy outlined in this NPD at their Centers or at Headquarters, respectively.
(2) Not serve as an agent for notice to NASA.
(a) If a visitor (i.e., civil service employee or contractor seeking Ombuds service) desires to make a record or put the Agency on notice, the Ombuds shall assist the visitor in accessing appropriate formal systems, offices, or processes such as the Inspector General (IG), the Equal Employment Opportunity (EEO) Program, the Office of Human Capital Management, union representational authority, the Office of Special Counsel, the Merit System Protection Baord, the NASA Safety Reporting System, or the Office of Procurement. However, all deadlines or due dates imposed under any formal process remains applicable.
(b) If a visitor prefers to use the services of the Ombuds over those of any formal organizational process, the Ombuds may consult with the formal process owner, while maintaining confidentiality with the visitor. In such cases, the visitor shall be reminded that using the Ombuds service may conflict with meeting deadlines or due dates and statutes of limitation imposed by the formal process or Federal or state law, closing out the possibility of using that process. The Ombuds Program does not supplant any negotiated procedures. If the visitor decides to follow a formal process, the Ombuds may not assist (or intervene) until the formal process is complete.
(c) No action or inaction by a NASA Ombuds shall extend, revise, or otherwise affect the requirements of the formal process. The visitor remains solely responsible for making any submissions in accordance with such requirements to address relevant concerns, independent of the visitor's use of a NASA Ombudsman.
(3) Provide information to a visitor regarding administrative systems available for addressing the visitor's concerns (e.g., IG, EEO) and assist the visitor in developing options for addressing issues or concerns. The Ombuds recognizes that all decision making relating to a visitor's future actions resides exclusively with the visitor.
(4) Periodically discuss with the formal organizational process owners the Ombuds Program and its responsibilities to share trends and gather information as needed.
(5) Establish and follow a consistent and standard practice for destruction of case notes when applicable.
(a) Pursuant to 5 U.S.C. §574(j), dispute resolution communications between an Ombuds and a visitor, which are prohibited from being disclosed under 5 U.S.C. §574, are also exempt from disclosure under the Freedom of Information Act by 5 U.S.C. §552(b)(3) and shall be protected from release.
(b) Although an Ombuds may, in the course of duty, review records created by NASA officials, any informal notes made by the Ombudsman do not constitute records under the Federal Records Act and relevant National Archives and Records Administration regulations. The Ombudsman keeps no records on behalf of the organization.
(6) Educate the eligible visitor populations at their locations about the nature and scope of the NASA Ombuds Program, including the role of the Ombuds within the organization and the principles governing activities of the function.
(7) The Ombuds shall have completed basic Ombudsman training as provided by the International Ombuds Association either before or within 6 months of appointment as an Ombuds.
(8) NASA organizations shall fund and the Ombuds will complete, annual training to develop and expand their Ombuds skills.
(9) An Ombuds may, at his/her discretion, conduct independent interviews or reviews to support individual cases or to address systemic issues.
(10) While an Ombuds may facilitate decision making, authority for decision making remains within the existing lines of supervision within the organization. As such, reporting information to an Ombuds does not constitute official notice to the Agency, nor does it relieve an employee of any other independent duty to report (e.g., duty to report crime to the IG).
(11) At the sole discretion of the Ombuds and in keeping with the confidentiality principle, an Ombuds can elevate issues to the Center Director and, at Headquarters, to the Executive Director Headquarters Operations, the Deputy Administrator, the Director, Headquarters Operations and Support Mission Support Directorate, and/or the Ombuds Program Lead.
(12) All NASA organizations shall cooperate with the Ombuds and allow an Ombuds full access to all files and records except those whose disclosure is prohibited by NASA policy or by law.
(13) Agency employees shall cooperate fully with NASA Ombuds by assisting and providing information and records to the Ombuds and addressing matters raised by the Ombuds. The identity and communications of such individuals will be subject to the same confidentiality provisions recognized by this NPD as applicable to any visitor.
None.
Compliance with this NPD shall be measured by:
a. Number of program awareness activities (e.g., Web sites, newsletters, Center events, and annual reports) to inform the workforce of the NASA Ombuds Program at NASA Headquarters and NASA Centers, including Component Facilities.
b. Annual assessments conducted by the Ombuds Program Lead to determine program effectiveness and depth of issues addressed (e.g., utilizations, trends, referrals).
c. Other measures as determined by the Ombuds Program Lead (e.g., survey feedback).
NPD 2025.1, NASA Ombuds Program, dated April 29, 2024.
A.1 2009 International Ombuds Association Standards of Practice.
A.2 2007 International Ombuds Association Code of Ethics.
This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.