Confidential Government Information Nondisclosure Agreement

The American Pharmacists Association (APhA) supports the proposed Confidential Government Information Nondisclosure Agreement but requests specific protections for whistleblowers and the preservation of lawful reporting channels. They also suggest that the NDA's scope be narrowed for employees who do not have access to highly sensitive information and urge OPM to clarify that the form is discretionary for federal agencies.

The Reporters Committee for Freedom of the Press and 15 other news media organizations oppose the proposed nondisclosure agreement, arguing that its broad definition of "Confidential Government Information" would unconstitutionally chill the speech of federal employees and impede the press's ability to report on government operations. They urge the Office of Personnel Management to withdraw the proposal or significantly narrow its scope to only include information expressly prohibited by existing statutes or regulations.

The commenter opposes the proposed Confidential Government Information Nondisclosure Agreement, arguing that it contains conflicting definitions, vague language, and ambiguities that violate the Administrative Procedure Act and the Constitution. They specifically contend that the agreement's broad and undefined terms could impermissibly chill the freedom of expression for federal employees and the freedom of the press.

The American Pharmacists Association (APhA) supports the proposed Confidential Government Information Nondisclosure Agreement but requests specific protections for whistleblowers and the preservation of lawful reporting channels. They also suggest that the NDA's scope be narrowed for employees who do not have access to highly sensitive information and urge OPM to clarify that the form is discretionary for federal agencies.

Whistleblowers of America (WoA) opposes the proposed non-disclosure agreement because they argue its broad scope could silence whistleblowers, suppress accountability, and harm employee mental health. They urge the Office of Personnel Management to withdraw the proposal in favor of maintaining current disclosure standards that protect both government integrity and public transparency.

Democracy Defenders Fund (DDF), a non-profit organization, opposes the proposed government-wide nondisclosure agreement (NDA). They argue that the NDA is unconstitutional because it imposes an overbroad prior restraint on employee speech and that the Office of Personnel Management (OPM) lacks the legal authority to promulgate such a rule.

The International Brotherhood of Electrical Workers (IBEW) opposes the proposed Confidential Government Information Nondisclosure Agreement, arguing that it is overly broad, unnecessary, and will have a chilling effect on employees' ability to report workplace safety concerns, fraud, waste, and abuse. They contend that OPM failed to provide a rational connection between the facts justifying the NDA and the proposed action, and they urge the agency to consider less restrictive alternatives like employee training.

The National Labor Relations Board Union (NLRBU) and the National Labor Relations Board Professional Association (NLRBPA) oppose the proposed Confidential Government Information Nondisclosure Agreement. They argue that the agreement is overbroad and would chill federal employees' statutory rights to engage in protected concerted activity and communications with unions, the press, and Congress.

The American Federation of Government Employees (AFGE) Local 252 opposes the proposed Nondisclosure Agreement, arguing that it is overly broad, unnecessary, and threatens employees' First Amendment rights. The union contends that existing privacy laws and training are sufficient and that the new NDA would stifle whistleblowing and collective bargaining.

A representative from the Naval Air Warfare Center Atlantic (NAWCAD) HR Department provides feedback on the proposed Confidential Government Information Nondisclosure Agreement. The commenter supports the NDA but suggests providing an additional fact sheet with examples and recommends incorporating the form into the USAStaffing system for new employee assignments.