Applicability

a. This NPD applies to the following:

(1) NASA employees or officials; or

(2) Other individuals using NASA-provided telephone systems or facilities, 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, in accordance with its 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 listening in or recording is done without the knowledge of any of the participants to the conversation, meeting, conference, or other proceeding pursuant to the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 18 U.S.C. 2510 et seq., or the Foreign Intelligence Surveillance Act of 1978, as amended, 50 U.S.C. 1801 et seq.; or

(6) Situations for which the Center Director or designee, the Assistant Administrator for Infrastructure and Administration or designee, or for the NASA Management Office-JPL (NMO-JPL), the Associate Administrator for 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 without prior oral or written consent of all the parties to the telephone conversation. This determination shall be approved by the Center Chief Counsel, or for Headquarters, the Associate General Counsel for General Law, and shall contain the following:

(a) The conditions of use of the recording device, which must provide either that the use is to be preceded by oral notification recorded at the beginning, and as part of the call, by the recording party; or 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, the lines or trunks involved, and their directory numbers;

(d) The number of telephones and recording devices involved and the operating times for the recording; and

(e) An expiration date for the monitoring of no more than 2 years, after which a new determination must be made, if appropriate.