Scientific Integrity and Executive National Security Proclamations: A Conflict of the Modern Age
Abstract
In 2004, in response to the events of September, 11, 2001, President George W. Bush issued Homeland Security Presidential Directive #12, an executive order requiring a uniform means of identification (i.e. identification badge) for all employees and contractors at federal facilities. To comply with this directive NASA ordered that its contract employees at the Jet Propulsion Laboratory 'voluntarily' agree to an open ended, unrestricted, background investigation into the intimate details of their private lives. These employees do not have security clearances and do not work with classified material. Caltech, which employs the JPL personnel under a NASA management contract, informed the employees that if they did not ‘voluntarily’ consent to the background investigation, they would be assumed to have voluntarily resigned and therefore be denied access to JPL (i.e. they would be functionally terminated). In October 2007, twentyeight JPL employees filed suit in Federal District Court. After an initial dismissal by the lowest federal court, the Ninth Circuit Court of Appeals issued an injunction against Caltech and NASA, stopping the background investigations. The Appeals Court found that the investigations were not narrowly tailored to meet the specific needs of NASA and therefore violated the employee’s legitimate expectation of informational privacy. This injunction has been reviewed and upheld several times by various panels of the Ninth Circuit Court of Appeals. In November 2009, the United States Department of Justice petitioned the U.S. Supreme Court requesting that it overturn this injunction. The Supreme Court accepted the case for oral arguments and scheduled them for October 5, 2010. A decision is imminent (if it has not been made already). The case has opened the following questions regarding all research workers under government contract: 1. What impact would such intrusive investigations have on open scientific inquiry and scientific integrity? 2. How much can the Government reasonably ask about the backgrounds of its contract employees? 3. What rights do employees have to challenge the findings of their background investigations, and can the results of such investigations be contested in the courts? 4. What is the responsibility of a contract employer such as Caltech to protect the privacy of contract research workers like those at JPL? 5. What is the responsibility of professional societies in representing the interests of federal contract employees such as those at JPL? 6. What would constitute a reasonable background investigation of contract employees that would be narrowly tailored in order to protect informational privacy? This work is a private venture. Affiliations are listed for identification purposes only. No NASA, Caltech or JPL resources were expended in producing this abstract.
- Publication:
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AGU Fall Meeting Abstracts
- Pub Date:
- December 2010
- Bibcode:
- 2010AGUFMPA42B..08N
- Keywords:
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- 1600 GLOBAL CHANGE;
- 6620 PUBLIC ISSUES / Science policy