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Today at a Glance

• Nuclear Cleanup Staffing: A new Government Accountability Office audit finds nearly half the jobs empty at the Energy Department office that handles the nation's nuclear waste, after the office lost about a third of its workforce in one year — most through the deferred resignation program.

• TSP May Returns: Every Thrift Savings Plan fund finished May in the black; the international I Fund leads 2026 at 16.56% year to date, with the S Fund up 13.48% and the C Fund up 11.26%.

Top Stories:

1. Nuclear Waste Cleanup Office Is Nearly Half Empty, GAO Finds — Safety-Critical Jobs Hit Hardest

Source: Government Executive, May 19, 2026

TL;DR: The Government Accountability Office (GAO — the investigative arm of Congress) reported that nearly half the positions are vacant at the Energy Department's Office of Environmental Management, the office responsible for cleaning up the country's nuclear waste. The office lost about a third of its workforce in fiscal year 2025, and most of those who left did so through the deferred resignation program (DRP), which let employees stay on paid leave for months before exiting government. Its vacancy rate rose from 20% in 2023 to 45% at the end of fiscal 2025, and about half of the empty jobs are in mission-critical roles such as nuclear safety specialists and engineers. Vacancies are deepest at the field level: Los Alamos National Laboratory sits at 62%, every position at the Carlsbad Field Office is unfilled, and the "facility representative" jobs that provide on-site safety and compliance oversight are 44% vacant. Each of the office's six mission-critical occupation groups shrank, including nuclear engineering, general engineering, and physical science. The office runs 15 cleanup sites and treats millions of gallons of liquid radioactive waste; a 2024 GAO report had already tied understaffing there to schedule delays, cost overruns, and workplace accidents. GAO said remaining staff report heavy workloads, burnout, and concern about the safety of operations, and that the office is not hiring entry-level workers and is "losing knowledge at a rapid rate." Energy officials said the office is reorganizing and plans to hire 174 people in fiscal 2026 — though that would still leave it about 19% smaller than at the start of 2025 and 33% below its own assessed staffing needs — and a department spokesperson said the office "remains fully equipped with the expertise necessary to carry out mission-critical projects."

For federal employees, this means:

• If you work in a safety- or mission-critical role and you raise that understaffing is endangering worker or public safety, that disclosure may be legally protected — put it in writing and keep dated copies.

• Heavier workloads and reassignments can quietly change your position description and duties; track what changed and how it affects your ability to do the work safely and within your grade.

• If you took, or are weighing, a deferred resignation or similar separation, confirm in writing the exact date your federal employment ends and how it affects pay, benefits, and any reemployment or reinstatement rights before you sign anything.

Legal Insight:

Federal employees who disclose that understaffing creates a substantial and specific danger to public health or safety are making a protected disclosure under the Whistleblower Protection Act, 5 U.S.C. § 2302(b)(8), and an agency may not take or threaten a personnel action against them because of it. GAO's findings flow from its statutory authority to examine how agencies use public money and people, 31 U.S.C. § 712; its recommendations identify risks but do not by themselves compel an agency to act — that falls to the agency and to Congress. Such a disclosure can be made to the agency, an Inspector General, or the Office of Special Counsel, and under 5 U.S.C. § 2302(f) it does not lose protection simply because you were not the first to report the problem or raised it through your chain of command. If you have raised safety or staffing concerns and then seen a reassignment, a lower rating, or proposed discipline, the timing alone can be significant, and it is worth talking with a federal employment attorney before any appeal or complaint deadline runs.

2. TSP Posts a Strong May — Every Fund Gains, and the I Fund Still Leads 2026

Source: FedSmith.com, May 30, 2026

TL;DR: Every Thrift Savings Plan (TSP — the federal government's 401(k)-style retirement savings program) fund posted a gain in May 2026, according to data compiled by FedSmith from TSPDataCenter.com. The C Fund (large U.S. companies, tracking the S&P 500) rose 5.26%, the S Fund (small and mid-size U.S. companies) gained 4.49%, and the I Fund (international stocks) climbed 4.90%. Year to date, the I Fund leads all options at 16.56%, followed by the S Fund at 13.48% and the C Fund at 11.26%; the conservative G Fund (government securities) returned 0.39% for the month and the F Fund (bonds) 0.33%. By historical standards the month stood out — the C Fund's 5.26% was its sixth-best May in 38 years, well above its 1.47% ten-year average for the month, and the I Fund's 4.90% was its fourth-best May on record. The gains tracked a strong corporate earnings season, with roughly 78% of S&P 500 companies beating first-quarter estimates, while a weaker U.S. dollar boosted the dollar value of the I Fund's overseas holdings. The Federal Retirement Thrift Investment Board (FRTIB) reported that, as of April 30, 2026, the average FERS account balance was $226,251, the average CSRS balance was $249,511, and the average across all 7.3 million TSP accounts was $152,847. The F Fund's slim 0.49% return for the year reflects a difficult spring for bonds, including a mid-month jump in long-term Treasury yields. Analysts note real headwinds ahead, including inflation running above 3%, a Federal Reserve reluctant to cut rates, and the conflict with Iran.

For federal employees, this means:

• The I Fund's 2026 lead rests partly on a weaker dollar, which can reverse quickly — a strong recent stretch is not a forecast, and chasing last month's winner is how many investors buy high.

• If you were automatically enrolled, your default investment is an age-appropriate Lifecycle (L) Fund; check at least once a year that your mix still matches your time horizon and tolerance for risk, especially if you are near retirement.

• The TSP limits how many interfund transfers you can make each month, so plan any reallocation carefully rather than reacting to a single month's results.

Legal Insight:
The TSP's funds and their basic structure are set by statute under the Federal Employees' Retirement System Act, 5 U.S.C. § 8438, and the program is administered by the FRTIB, whose officials owe participants and beneficiaries strict fiduciary duties — they must act solely in your interest — under 5 U.S.C. § 8477. Only the G Fund is backed by special-issue U.S. Treasury securities; the C, S, I, F, and L funds carry market risk, and none of their returns are guaranteed. Changing where your future contributions are invested is unlimited and separate from interfund transfers of money already in your account, which are capped each month. Reviewing your contribution rate and allocation on a set schedule, rather than after a headline month, is the steadier way to use these accounts toward retirement.

Legal Tip of the Day

If You’re Unsure Whether Something “Counts” Legally 

Not every concern clearly fits into a legal category at first. Many situations exist in a gray area. That uncertainty is a good reason to pause and gather information rather than ignore the issue. Early questions often lead to better outcomes than late reactions. 

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