Policy
Directive
Effective Date: August 29, 2002
Expiration Date: October 29, 2029
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NASA Policy Directive |
NPD 2530.1G Effective Date: August 29, 2002 Expiration Date: October 29, 2029 |
CHANGE HISTORY
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1 |
02/19/2013 |
Update to comply with 1400 Compliance,with administrative changes, update applicable documents, and added Attachment A for references. |
2 |
08/10/2018 |
Update to comply with 1400 Compliance with admin. change, corrected citations and update Attachment A.. |
3 |
04/04/2024 |
Revalidated for another five years. Administrative updates made clarify applicability to the:
• Recording of conversations conducted through electronic means and the applicability of the Freedom of Information Act, Federal Records Act, and NASA Records Retention Schedule to such recordings. These clarifications reflect NASA's current use of meetings conducted on electronic platforms and reiterate the legal requirements applicable when such meetings are recorded. • Recording of conversations conducted through electronic means and the applicability of the Freedom of Information Act, Federal Records Act, and NASA Records Retention Schedule to such recordings. |
a. It is NASA policy that no individual to whom this NPD applies, use, request, or permit others to use on his or her behalf, recording devices in connection with telephone or other conversations, or in connection with meetings, conferences, or other proceedings unless--
(1) Such verbatim record or records will substantially contribute to the effective conduct of official business; and
(2) With regard to telephone or other conversations conducted through electronic means, all parties to the conversation have been informed at its outset that it will be monitored, transcribed, intercepted, or recorded, and they have consented to such actions prior to the conversation either orally, in writing, or through electronic means, and, with regard to telephone conversations, the recording device used is equipped with a distinct warning tone (beep sound), repeated at regular intervals; or
(3) With regard to telephone or other conversations conducted through electronic means, all parties to the conversation have been informed at its outset that it will be monitored, transcribed, intercepted, or recorded, and they have consented to such actions prior to the conversation either orally or in writing; or
(4) With regard to meetings, conferences, or other proceedings, the attendees have been placed on notice at the outset of the proceeding that it is being recorded, either by oral notice, posted notice, or by use of a conspicuously placed recording device.
a. This NPD applies to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers. This NPD also applies to the following:
(1) NASA employees or officials; or
(2) Other individuals using NASA-provided telephone systems or facilities, NASA-provided or NASA-contracted information technology devices or services, or participating in NASA-sponsored meetings, conferences, or other proceedings.
b. This NPD does not apply to the following:
(1) NASA mission-critical spacecraft data, when the documentation prepared for a specific mission, program, or project calls for the monitoring, transcription, interception, or recording of the mission activities, and such a plan has final Agency approval;
(2) Investigations undertaken by the NASA Inspector General, as any recording by the Office of Inspector General will be governed by separate authorities;
(3) Formal NASA proceedings, such as formal NASA safety investigations or collateral investigations, or similar proceedings where the presiding official has determined that a verbatim transcript is authorized or required by applicable directives;
(4) Official proceedings, such as those of a Board of Contract Appeals, the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, the Merit Systems Protection Board, depositions subject to the Federal Rules of Civil Procedure, and similar proceedings which entail the use of audio/video-recording devices to produce a verbatim transcript;
(5) Situations in which an employee with a disability requests that a meeting be recorded as a request for reasonable accommodation in accordance with NPR 3713.1. Individuals will still be notified that the meeting is being recorded;
(6) Situations in which listening in or recording is done without the knowledge of any of the participants to the conversation, meeting, conference, or other proceeding pursuant to 18 U.S.C. 2510 et seq., or 50 U.S.C. 1801 et seq.; or
(7) Situations for which the Center Director or designee, the Assistant Administrator for the Office of Strategic Infrastructure or designee, or for the NASA Office of JPL Management and Oversight (NOJMO), the Associate Administrator for the Science Mission Directorate or designee, makes a written determination that public safety purposes require use of a recording device in connection with a telephone conversation or other conversation conducted through electronic means without prior oral or written consent of all the parties to the conversation. This determination will be approved by the Center Chief Counsel, or for Headquarters, the Associate General Counsel for General Law, and will contain the following:
(a) The conditions of use of the recording device, which that provides either that the use is to be preceded by oral notification recorded at the beginning, and as part of the conversation, by the recording party; or with regard to telephone conversations, that the recording device used is equipped with a distinct warning tone (beep sound), repeated at regular intervals;
(b) The identification of the segment of the public needing protection and examples of the possible harm from which the public requires protection;
(c) The specific system and location where recording is to be performed, and with regard to telephone conversations, the lines or trunks involved, their directory numbers, the number of telephones and recording devices involved, and the operating times for the recording; and
(d) An expiration date for the monitoring of no more than 2 years, after which a new determination will be made.
c. This NPD does not alter requirements relating to the release of records pursuant to the Freedom of Information Act, 5 U.S.C. § 552, the management of records pursuant to the Federal Records Act, 44 U.S.C. Chapter 31, or the retention of records, NASA Records Retention Schedule, NRRS 1441.1. Recordings and other records created in accordance with this NPD will be subject to such requirements, with limited exceptions.
d. In this directive, 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.
The National Aeronautics and Space Act as amended, 51 U.S.C. § 20113(a).
None.
a. Omnibus Crime Control and Safe Streets Act of 1968, portions codified at 18 USC §§ 2510- 2523.
b. . Foreign Intelligence Surveillance Act of 1978, 50 U.S.C. §§ 1801-1855.
a. Each NASA employee or official has responsibility for compliance with this NPD.
b. Each NASA organizational element or component has responsibility forcompliance with this NPD in planning for and conducting meetings, conferences, or other proceedings.
c. Each Center Director, the Director of Mission Support Headquarters Operations Office, or for the NOJMO, the Associate Administrator for the Science Mission Directorate, is responsible for the following:
(1) Assuring appropriate dissemination of this NPD to facilities managers; and
(2) Making the written determination authorized by paragraph 2b(7) of this NPD, if deemed appropriate, or designating a subordinate official not more than one level below the Center Director, the Director of Mission Support Headquarters Operations Office, or the Associate Administrator for Science Mission Directorate, to do the same.
d. Each Center Chief Counsel, or the Associate General Counsel for General Law, is responsible for reviewing and approving the written determination authorized by paragraph 2b(7) of this NPD.
None.
NASA legal counsel will maintain separate files with copies of all the written determinations authorized by paragraph 2b(7) of this NPD.
NPD 2530.1E, Monitoring Or Recording Of Telephone Or Other Conversations, dated August 29, 2002.
A.1 Freedom of Information Act, 5 U.S.C. § 552.
A.2 The Inspector General Act of 1978, as amended, 5 U.S.C. Appendix.
A.3 Electronic Communications Privacy Act of 1986, as amended, 18 U.S.C. §§ 1367, 2701 et seq., 3121 et seq.
A.4 Omnibus Crime Control and Safe Streets Act of 1968, portions codified at 18 USC §§ 2510- 2523.
A.5 Recording of telephone conversations with telephone companies, 47 CFR. § 64.501.
A.6 Foreign Intelligence Surveillance Act of 1978, 50 U.S.C. §§ 1801-1855.
A.7 Federal Records Act, 44 U.S.C. Chapter 31.
A.8 NRRS 1441.1, NASA Records Retention Schedule.
None.
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.