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Administrative Law Keyed to Schwartz
National Aeronautics and Space Administration v. Nelson
Citation:
562 U.S. 134 (2011)Facts
The Jet Propulsion Laboratory (JPL) is a NASA facility operated by the California Institute of Technology (Cal Tech) under a government contract. Unlike other NASA facilities, JPL is staffed exclusively by contract employees who perform critical work on space missions and scientific research. In 2004, following a recommendation by the 9/11 Commission, President Bush ordered new uniform identification standards for federal employees and contractors. The Department of Commerce implemented this directive by requiring contract employees with long-term access to federal facilities to complete a standard background check, typically the National Agency Check with Inquiries (NACI). NASA modified its contract with Cal Tech to reflect this requirement, informing employees that failure to complete the process would result in denial of access to JPL. The respondents, 28 JPL employees who had worked there for decades without background checks, objected to two aspects of the process: a question on Standard Form 85 about treatment or counseling for illegal drug use, and open-ended questions on Form 42 sent to references about the employees’ honesty, trustworthiness, and other character traits.
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