Comment from Adam C
AnonymousOpposeOther
Summary: The commenter argues that the proposed Confidential Government Information Nondisclosure Agreement contains structural deficiencies regarding Privacy Act and Federal Records Act compliance. They request that the NDA be withdrawn because the current language fails to adequately disclose how a refusal to sign will be recorded or shared across agencies.
The proposed NDA contains significant Privacy Act and procedural deficiencies that cannot be corrected through minor revisions. These defects require withdrawal of the NDA.
The Privacy Act statement does not provide the notice required by 5 U.S.C. § 552a(e)(3). It does not clearly explain how refusal to sign will be used, whether refusal will be shared with other agencies, or whether refusal will be recorded as a suitability issue.
The NDA states that refusal to sign may result in removal or debarment. If refusal is used in suitability determinations, this must be explicitly disclosed. The current statement does not meet this requirement.
The NDA also states that the completed form will be maintained in OPM/GOVT 1. However, OPM/GOVT 1 does not clearly contemplate records documenting refusal to sign an NDA. Suitability records are typically maintained under OPM/CENTRAL 9. This mismatch raises compliance concerns under the Privacy Act and Federal Records Act.
Because these defects are structural and cannot be resolved through editing, the NDA should be withdrawn.