WHISTLEBLOWER PROTECTION PLAN

March, 2007
2

TABLE OF CONTENTS

STATUTORY LANGUAGE.......................................................................................3

INTRODUCTION.......................................................................................................4

Basic Policy—N.P.R. 8715.1, Occupational Safety and Health Programs....................5

Alternate Reporting Avenues.......................................................................................6

Center or Facility Safety and/or Health official ........................................................6

Complaint Heirachy.................................................................................................6

Inspector General........................................................................................ .............8

NASA Safety Reporting System (NSRS).................................................................9

Educational Opportunities .........................................................................................10
3

Pursuant to Sec. 110(c) of the National Aeronautics and Space Administration 

Authorization Act of 2005 (P.L. 109-155) the following plan describes the steps taken by 

NASA to protect from retaliation NASA employees who raise concerns about substantial 

and specific dangers to public health and safety or about substantial and specific factors 

that could threaten the success of a mission.

STATUTORY LANGUAGE

Section 110 of the NASA Authorization Act of 2005 (P.L. 109-155) contains the 

following language:

(a) IN GENERAL.—Not later than one year after the date of enactment of this Act, the 

Administrator shall transmit to the Committee on Science of the House of 

Representatives and the Committee on Commerce, Science, and Transportation of the 

Senate a plan describing steps to be taken by NASA to protect from retaliation NASA 

employees who raise concerns about substantial and specific dangers to public health and 

safety or about substantial and specific factors that could threaten the success of a 

mission. The plan shall be designed to ensure that NASA employees have the full 

protection required by law. The Administrator shall implement the plan not more than 

one year after its transmittal.

(b) GOAL.—The Administrator shall ensure that the plan describes a system that will 

protect employees who wish to raise or have raised concerns described in subsection (a).

(c) PLAN.—At a minimum, the plan shall include, consistent with Federal law—

(1) a reporting structure that ensures that the officials who are the subject of a 

whistleblower’s complaint will not learn the identity of the whistleblower;

(2) a single point to which all complaints can be made without fear of retribution;

(3) procedures to enable the whistleblower to track the status of the case;

(4) activities to educate employees about their rights as whistleblowers and how 

they are protected by law;

(5) activities to educate employees about their obligations to report concerns and 

their accountability before and after receiving the results of the investigations into 

their concerns; and

(6) activities to educate all appropriate NASA Human Resources professionals, 

and all NASA managers and supervisors, regarding personnel laws, rules, and 

regulations.

(d) REPORT.—Not later than February 15 of each year beginning with the year after the 

date of enactment of this Act, the Administrator shall transmit a report to the Committee 

on Science of the House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate on the concerns described in subsection (a) that were 

raised during the previous fiscal year. At a minimum, the report shall provide—

(1) the number of concerns that were raised, divided into the categories of safety 

and health, mission assurance, and mismanagement, and the disposition of those 

concerns, including whether any employee was disciplined as a result of a 

concern having been raised; and
4

(2) any recommendations for reforms to further prevent retribution against 

employees who raise concerns.

INTRODUCTION

The greatest challenge NASA faces is safely flying the Space Shuttle to assemble the 

International Space Station prior to retiring it in 2010, while bringing new human 

spaceflight capabilities on-line soon thereafter. We must understand that, given proper 

goals, human spaceflight is a strategic capability for this Nation, and we must not allow it 

to slip away. In January, we in the NASA family remembered those whom we have lost 

in the exploration of space. In the aftermath of the Columbia tragedy, President Bush 

addressed the NASA workforce, saying: ―In your grief, you are responding as your 

friends would have wished – with focus, professionalism, and unbroken faith in the 

mission of this agency.‖ We must commit ourselves to that focus, professionalism, and 

unbroken faith every day in order to carry out the tasks before us.

In analyzing not only the root causes, but also the systemic reasons behind the Columbia

accident, the Columbia Accident Investigation Board (CAIB) made critical observations 

that guided the formulation of our present civil space policy and revisions to NASA’s 

safety reporting systems. The CAIB noted that ―deficiencies in communication...were a 

foundation for the Columbia accident.‖ Since then NASA has taken many steps to 

improve communication, particularly of safety concerns.

First and foremost, NASA continues to work cooperatively with the Office of Special 

Counsel in enforcing the protections provided by the Whistleblower Protection Act of 

1989, 5 U.S.C. § 1201. This Act strengthened and improved protection for the rights of 

Federal employees, to prevent reprisals, and to help eliminate wrongdoing within the 

Government by mandating that employees should not suffer adverse consequences as a 

result of prohibited personnel practices and establishing that the primary role of the 

Office of Special Counsel is to protect employees, especially whistleblowers, from 

prohibited personnel practices. NASA’s Whistleblower Protection Plan follows the 

principle embodied in this statute that while disciplining those who commit prohibited 

personnel practices may be used as a means by which to help accomplish that goal, the 

protection of individuals who are the subject of prohibited personnel practices remains 

the paramount consideration.

In NASA’s reporting plan it is preferred that safety and health concerns be reported at the

lowest level that is capable of resolving the concern. In most cases this means reporting 

to an individual’s supervisor. In addition, at NASA, multiple alternative communication 

paths are available to employees if they need to report concerns outside of their chain of 

command. NASA recognized after the Challenger Shuttle mishap that employees may 

still be reluctant to report concerns. To address these concerns NASA established an 

anonymous safety reporting channel, the NASA Safety Reporting System (NSRS), which 

can be viewed as a single point to which all complaints can be made without fear of 

retribution. Rather than force an employee into any one course of action, NASA’s plan 
5

provides alternate options to report safety concerns, so that if employees can’t report their 

concern to their supervisor, the employees can select the appropriate alternative with 

which they are most comfortable. Thus while there is not one single point of contact for 

all complaints, each option provides a single point of contact.

This structure meets the requirements of section 110: identities may be kept secret; each 

system provides a single point to which all complaints can be made; procedures are 

available to track status of a case, but with full anonymity; and education activities for 

employees and managers.

Basic Policy—NASA Procedural Requirement 8715.1, 

Occupational Safety and Health Programs

NASA has designed a robust process that assures that employees are free to raise 

concerns regarding health and safety. The processes described herein ensure that NASA 

employees have the full protection required by law in the event that they raise concerns 

about substantial and specific dangers to public health and safety or about substantial and 

specific factors that could threaten the success of a mission. Systems are in place that can 

provide anonymity to those employees that choose to report health and safety concerns. 

The Basic Policy for reporting safety problems or concerns is defined within NASA 

Procedural Requirements (N.P.R.) 8715.1 Occupational Safety and Health Programs, 

dated August 9, 1999. This document establishes the broad responsibilities related to 

occupational safety and health for the Agency as well as the formal safety reporting 

requirements. 

NASA explicitly states the rights of employees with respect to reporting concerns within 

NPR 8715.1, including the right to be free from retribution for reporting safety or health 

concerns.

Section 2.5.5 of NPR 8715.1 states that ―Employees have the right to report unsafe and 

unhealthful working conditions to appropriate officials.‖

Section 2.7 of NPR 8715.1 states that ―No employee shall be subject to restraint, 

interference, coercion, discrimination, or reprisal for filing a report of an unsafe or 

unhealthful working condition, participation in the activities of the Agency’s

occupational safety and health programs, or the exercise of any right or privilege afforded 

by Section 19 of the Act, Executive Order 12196, or 29 CFR Part 1960.‖

Along with these rights, employees also have defined responsibilities, including a 

responsibility to report safety and health concerns. 

Section 2.4.2 of NPR 8715.1 states that ―Employees are responsible for the following: 

Using established procedure to report suspected safety or health hazards.‖
6

Alternate Reporting Avenues

Center or Facility Safety and/or Health Official

While the typical report of a safety or health concern would be reported to an individual’s 

supervisor, NASA recognizes that there may be circumstances where reporting to a 

supervisor might present concerns to an employee. Therefore, alternate reporting 

avenues within, and external to, NASA are available to employees. The Center or 

Facility Safety and/or Health Official is one such alternative as defined in Section 4.4.1 

of NPR 8715.1.

NPR 8715.1 designates the Chief Health and Medical Officer as the Designated Agency 

Safety and Health Official in response to the requirements of 29 CFR 1960.6 and 

Executive Order 12196. 

"2.1.2 OSHA requires that each agency head designate an official with sufficient 

authority and responsibility to represent effectively the interest and support the 

agency head in the management and administration of the agency occupational 

safety and health program (Requirement 22004). The current Designated Agency 

Safety and Health Official (DASHO) for NASA is the Chief Health and Medical 

Officer. The DASHO holds responsibility for assuring that all OSHA regulatory 

requirements at the Agency level are fulfilled or implemented (Requirement 

31542). The DASHO is responsible for assuring that safety and health officials 

are appointed at appropriate levels with adequate budgets and staffs to implement 

occupational safety and health programs at all operational levels as required by 29 

CFR Part 1960.6, paragraph (c) (Requirement 31775)." 

In practice the Chief Safety and Mission Assurance Officer and the Chief Health and 

Medical Officer share responsibilities. The Chief Safety and Mission Assurance Officer 

provides oversight of safety concerns and the Chief Health and Medical Officer provides 

oversight of health concerns.

―2.1.3 The safety and health functions at NASA are administered by two separate 

functional offices. The safety function is managed by the Office of Safety and 

Mission Assurance and the health function is managed by the Office of the Chief 

Health and Medical Officer. The DASHO and the Chief Safety and Mission 

Assurance Officer, as members of the NASA Operations Management Council, 

provide for senior management involvement and oversight of NASA's 

Occupational Safety and Health Program.‖ 

Safety Reporting Hierarchy

In NASA’s reporting plan it is preferred that safety and health concerns be reported at the 

lowest level that is capable of resolving the concern. Reporting at this level ensures that 
7

the report goes to someone that can quickly take action to resolve the concern whereas 

reporting to a higher level of the organization may delay resolution of the concern. In 

most cases this means reporting to an individual’s supervisor. 

If, however, an employee and supervisor disagree on an important issue, and the 

employee believes the issue merits a higher level review, the employee should suggest to 

the supervisor that they discuss the issue with the person next highest in the chain of 

supervision. The employee should feel free to move up the chain of supervision without 

the supervisor’s consent. At NASA, multiple communication paths are available to 

employees if they need to report concerns outside of their chain of command. These

alternatives are identified in a hierarchy that also serves as the model for escalating 

concerns that may not have been adequately resolved at a lower level. This hierarchy is 

defined in NPR 8715.1 paragraph 2.8 and an elementary graphic representation of the 

process can be found below and on NASA’s website at 

http://www.nasa.gov/audience/safety/reporting/Safety_reporting.html.

2.8 Resolution of Complaints
8

2.8.1 Where an employee has made a report of a suspected unsafe or unhealthful 

condition to his/her supervisor and is dissatisfied with the abatement action taken, 

the following appeal route (in order of preference) is available: 

2.8.1.1 Center or Component Facility Safety/Health Official(s), as appropriate. 

2.8.1.2 Center Director or Manager. 

2.8.1.3 Designated Agency Safety and Health Official (for unhealthful 

conditions)/Chief Safety and Mission Assurance Officer (for unsafe conditions). 

2.8.1.4 NASA Safety Reporting System (NSRS). 

2.8.1.5 Office of Federal Agency Safety and Health Programs - OSHA/DOL. 

2.8.2 Complaints or grievances may also be registered through the NASA 

grievance procedures, through those procedures contained in agreements 

negotiated with recognized labor organizations, or through the NASA Office of 

Inspector General.‖ 

All of these officials are bound by law and Agency requirements to provide a safety 

reporting and resolution process that is free from reprisal. Note also that in addition to 

the people listed above, NASA has established an agency-wide Ombuds program. Each 

Center has appointed an Ombuds, and alternate ombuds, available to civil servants to 

raise issues of concern in a confidential environment. Furthermore, recently the NASA 

Engineering and Safety Center has established an anonymous reporting capability for 

technically oriented concerns.

Office of Inspector General (OIG)

The OIG, pursuant to the Inspector General Act (IG Act) and in conformance with other 

applicable laws, Executive orders, and Federal regulations, conducts independent and 

objective audits, investigations and other reviews of NASA programs and operations. No 

NASA official, including the Administrator, may prevent or prohibit the IG from 

initiating, carrying out, or completing any audit or investigation, or from issuing any 

subpoena. It is NASA’s policy, through NPD 9800.1A, to abide by the requirements 

established for the Agency under the IG Act and to otherwise cooperate with the OIG in 

the performance of its statutory duties.

Any NASA employee who observes crime, fraud, waste, abuse, or mismanagement or 

receives an allegation of crime, fraud, waste, abuse, or mismanagement from a Federal 

employee, contractor, grantee, contractor or grantee employee, or any other source shall 

report such observation or allegation to the OIG. An employee may make such a report 

personally by contacting any OIG employee; calling the OIG Hotline (1-800-424-9183), 

which has been established specifically for receiving confidential reports; by mailing to 

the NASA Inspector General, P.O. Box 23089, L'Enfant Plaza Station, Washington, DC 
9

20026; or by sending a message to the NASA OIG Cyber Hotline at 

http://oig.nasa.gov/hotline.html. To ensure free and unimpeded access to the OIG, an 

employee may ask for confidentiality, which shall be provided under the terms of the IG 

Act. Employees are not required to report to their supervisors their contacts with the 

OIG.

NASA Safety Reporting System (NSRS)

Even with these requirements in place NASA recognized after the Challenger Shuttle 

mishap that employees may still be reluctant to report safety concerns. To address these 

concerns NASA established an anonymous safety reporting channel, the NASA Safety 

Reporting System (NSRS), which can be viewed as a single point to which all complaints

about safety and/or hazards can be made without fear of retribution. 

The NSRS as identified in NPR 8715.1 serves as a supplement to the other reporting 

activities listed. NSRS reporting forms (OMB No. 2700-0063) are available from 

locations at every NASA activity and in many NASA contractor facilities as well as on 

the internet. A ―reporter‖ completes a form and mails it to the NSRS contractor. The 

NSRS contractor reviews each report and removes any personally identifying information 

from the report and forwards a summary of the report to the NASA Office of Safety and 

Mission Assurance for action. NASA never sees the original report or any of the 

personally identifying information contained within the NSRS report.1 The NSRS 

contractor retains any identifying information from the original report (if any) only until 

NASA can determine if sufficient information is available to understand the concern 

identified. If additional information is needed to understand the concern, only the NSRS 

contractor contacts the reporter. Once NASA has determined that sufficient information 

is available to investigate the concern the NSRS contractor returns the identifying 

material to the reporter. No identifying material is retained by the NSRS contractor. The 

NSRS contractor also provides the reporter with a case number that can be used to track 

progress of the investigation on the web using standard codes to identify the investigation 

status and the resulting closure of the investigation. NASA assigns independent 

investigators to evaluate each NSRS report and keeps the investigation open until any, 

and all, corrective actions are implemented. Not knowing the identity of the NSRS 

reporter precludes the NSRS investigators from disclosing the reporter’s identity. In 

addition as an added precaution to prevent inadvertent clues that might help to identify an 

NSRS reporter, NSRS investigators generally conduct their investigations without 

disclosing that they are performing an NSRS investigation.

Additional information regarding the NSRS may be found at the following NASA web 

site:

http://www.hq.nasa.gov/nsrs

 

1 Except for reports that identify criminal activity that are provided to the NASA 

Office of the Inspector General.
10

Educational Opportunities

The table below indicates those educational opportunities that inform employees about 

their rights as whistleblowers and their protections under federal law and those 

educational activities for NASA managers, supervisors and Human Resources 

professionals regarding personnel laws, rules and regulation.

Activities to educate employees about their rights as 

whistleblowers and how they are protected by law 

Activities to educate all 

appropriate NASA 

Human Resources (HR) 

professional, and all 

NASA Managers and 

Supervisors, regarding 

personnel laws, rules, and 

regulations:

Agencywide Activities Agencywide Activities

Notification and Federal Employee Anti-Discrimination 

and Retaliation of 2002 (NO FEAR) Act Training 

established in System for Administration, Training, and 

Educational Resources for NASA (SATERN) which 

includes whistleblowers protection training and is required 

every two years.

NO FEAR Training 

established in the System 

for Administration, 

Training, and Educational 

Resources for NASA 

(SATERN) which includes 

whistleblowers protection 

training and is required 

every two years.

Link established and information provided through on-line 

New Employee Orientation Program at 

http://employeeorientation.nasa.gov

Equal Opportunity and 

Diversity Overview 

Briefing was given to all 

supervisors and managers, 

which included 

whistleblower activities

Link established from NASAPeople website to the Office 

of Special Counsel (OSC) website

An on-line 

supervisory/manager 

training module is being 

developed for SATERN 

and expected 

implementation in 2007 

Posted information about whistleblowers rights on the

NASA Shared Services Center (NSSC) Employee Notice 

website 
11

An agency wide Conflict Management Initiative (CMI) that 

includes training to identify and address workplace 

conflicts before they grow into complaints is being 

implemented as a pilot at a number of NASA Centers and 

the goal is to conduct the training for all employees at 

Headquarters and all Centers. The training will satisfy the 

No FEAR Act training requirement.

CMI training for managers 

and supervisors will satisfy 

the No FEAR Act training 

requirement.

Center-Specific Activities Center-Specific Activities

Displaying poster in different locations Training provided annually 

Provide information to new employees during orientation 

and by slide presentations and other forms of 

communication

Provide briefings to 

supervisors and managers

Memos, notices, and wallet cards distributed to employees 

about Whistleblower Protection Act (WPA), Prohibited 

Personnel Practices (PPP) and Merit Systems Principles

Memos, notices, and wallet 

cards distributed to 

employees about WPA, 

PPP, and Merit Systems 

Principles

Link established at the center to http://nasapeople.nasa.gov Link established from 

NASAPeople website to

the OSC website

―Your Rights as a Federal Employee‖ pamphlet being 

provided to new employees

Training provided at each 

NASA Center using a 

variety of sources (i.e., 

Center personnel using 

OSC slides presentations; 

speakers from OSC;OSC’s 

CD’s; OSC’s power point 

presentations and various 

on-line training programs, 

etc.)

Employees notified about whistleblower rights through 

internal forms of communication at each Center

Written material developed 

by OSC about 

whistleblowers provided to 

HR, supervisors, and 

managers.
12

In order to educate employees about their obligations to report their concerns NASA has 

created a web page to educate the NASA workforce and help them understand their 

obligations and how they should go about safety and hazard reporting, and to place this 

webpage at a high enough level within the NASA webpage hierarchy so that people could 

reasonably find it. The web site location is:

http://www.nasa.gov/audience/safety/reporting/Safety_reporting.html

Alternatively, it can be reached from the main NASA home page by the following hyperlink trail: from NASA’s top level home page (http://www.nasa.gov), click on the red box 

on the left side of the screen that says ―+ for Employees‖ – on this new page, click on the 

right hand side black box that says ―If It’s Not Safe, Say So – Report Any Safety 

Concerns to NASA‖, and that will take you to the ―Safety Reporting Homepage‖.

Additionally NASA has placed NSRS poster displays (which include NSRS forms and 

program brochures) at all NASA facilities, and through an outreach program we also 

offer those displays to our offsite NASA contractors. We also provide our NSRS posters 

in other languages (Spanish, French, Portuguese, Japanese, etc) for use with our 

joint/international partners and programs. Upon request, we also provide a staffed NSRS 

booth/display at annual safety events held at NASA facilities. 

Typically, the NSRS poster displays at the NASA facilities can be found in each building, 

usually in the same locations where Federal laws require the posting of OSHA rules and 

regulations. At NASA HQ we have a poster display with reporting forms and brochures 

in the main (west) lobby, as well as in the break areas/vending machine areas on each 

floor of this building, and there is also a display in the lobby area of the Chief Safety

Officer’s suite. We also have small NSRS poster displays in every communal conference 

pod and meeting room in this building. The TV screens in the HQ building elevator 

lobbies periodically flash brief awareness reminders about the NSRS.