Attorneys for Federal Employees — Nationwide

Nearly 200,000 federal workers and supporters follow our updates across TikTok, Instagram, YouTube, Facebook, and LinkedIn. Each briefing gives you the three stories that actually matter to your job, plain‑English legal guidance, and one short practice to protect your peace of mind. If it helps you, forward it to a colleague—new readers can subscribe at https://fedlegalhelp.com/newsletter. 

Today at a Glance

• Governmentwide NDA Comment Deadline: OPM's proposed nondisclosure agreement for the entire federal workforce is open for public comment through June 26, 2026. Whistleblower advocates warn that its broad "confidential government information" category could chill lawful disclosures.

• Federal Office Space Under the USE IT Act: GSA's first governmentwide utilization snapshot shows none of the roughly 9,700 federal buildings reported meets the 60% occupancy benchmark Congress set — data GSA now says needs refining, even as headquarters sales and employee moves continue.

• USPS Finances: An internal Postal Service document prices out reform options — including eliminating the Postal Regulatory Commission, closing money-losing post offices, and five-day delivery — as the agency warns it could run out of cash in early 2027.

Top Stories:

1. OPM's Proposed Governmentwide NDA — Comments Due June 26, as Whistleblower Advocates Warn of a Chilling Effect

Source: Federal News Network, June 8, 2026

TL;DR: The Office of Personnel Management is taking public comment through June 26, 2026 on a proposed nondisclosure agreement (NDA) that would apply across the federal workforce. The draft form, published in the Federal Register on May 27, 2026 (Docket ID OPM-2026-0100), covers what it calls confidential government information — including non-public information about internal agency operations, personnel matters, procurement processes, and pre-decisional or deliberative material. OPM says the form creates no new restrictions and expressly preserves disclosures authorized by law, including protected whistleblower disclosures. In a June 8 Federal Drive interview, Joe Spielberger, senior policy counsel at the Project on Government Oversight, said the breadth of that definition could sweep in ordinary government work and leave employees unsure what they may lawfully disclose; in his words, "regardless of political leanings, this is an issue that should concern anyone." He also noted the proposal ties the NDA to suitability and fitness determinations, while a separate OPM proposal would move many suitability appeals out of the Merit Systems Protection Board (MSPB) and into an internal OPM review. For now this is only a proposal — no employee is required to sign anything today.

For federal employees, this means:

• If you want to weigh in, comments are due by June 26, 2026 through Regulations.gov under Docket ID OPM-2026-0100.
• No final form exists yet. If your agency asks you to sign any new nondisclosure document now, read it closely and keep a copy; a lawful federal NDA must state that it does not override your whistleblower rights.
• Whistleblower channels remain open. Disclosures to the Office of Special Counsel, an Inspector General, or Congress are protected by statute regardless of any agreement you sign.

Legal Insight:
It is a prohibited personnel practice to implement or enforce any nondisclosure policy, form, or agreement that does not include language preserving employees' rights to make protected disclosures. 5 U.S.C. § 2302(b)(13). Disclosures evidencing a violation of law, gross mismanagement, gross waste, abuse of authority, or a substantial and specific danger to public health or safety remain protected under 5 U.S.C. § 2302(b)(8), and no NDA can waive those rights. If you are asked to sign an NDA and are unsure how it interacts with a disclosure you have made or are considering, consult a federal employment attorney before you sign.

2. No Federal Building Meets the 60% Occupancy Benchmark — GSA Re-Examines the Data as Headquarters Moves Continue

Source: Federal News Network, June 9, 2026

TL;DR: The General Services Administration told House lawmakers on June 9 that it is re-examining the building-utilization data it collects under the USE IT Act, after its first governmentwide snapshot showed that none of the roughly 9,700 buildings reported meets the law's minimum 60% utilization benchmark. The law, signed in January 2025, requires the 24 largest agencies to report occupancy data and to plan space reductions for buildings that fall short. Andrew Heller, acting commissioner of GSA's Public Buildings Service, testified that the current numbers are not an "apples-to-apples" comparison because the law's methodology counts total space — including auditoriums, conference rooms, and libraries where employees would not normally work. A real-estate executive testified that only about 65% of a typical federal office building is actual office space. GSA and the Office of Management and Budget have created an occupancy working group to review the data and recommend fixes. Meanwhile, the administration continues to cite underutilized buildings in selling and consolidating headquarters: USDA and HUD headquarters are slated for sale, the FBI is moving to the Ronald Reagan Building, the Education Department will leave the Lyndon B. Johnson Building by August, and the Energy Department will move into Education's building, with the Forrestal Building to be sold. The reported data so far excludes the Defense Department and USAID.

For federal employees, this means:

• Your building's reported utilization is public. GSA posts agencies' USE IT Act submissions on GSA website, so you can see whether your workplace is on the consolidation radar.

• A headquarters consolidation can become a relocation or a management-directed reassignment. Your notice, relocation-expense, and appeal rights depend on how the agency structures the move, so keep every written notice you receive.

• Expect the measuring stick to change. The working group's recommendations could change which buildings get flagged for downsizing — and which employees face moves.

Legal Insight:
The USE IT Act, Pub. L. No. 118-272, § 2302 (2025), requires covered agencies to report building utilization and to reduce or consolidate office space where utilization falls below 60%. The statute regulates real estate, not personnel — but consolidations can produce management-directed reassignments, and an employee removed for declining a directed reassignment to a new commuting area generally has MSPB appeal rights under 5 U.S.C. § 7513. If a building move turns into a directed reassignment or a proposed separation for you, consult a federal employment attorney before your decision deadline passes.

3. USPS Prices Out Its Reform Menu — Eliminating Its Regulator, Closing Post Offices, and Five-Day Delivery All on the Table

Source: Federal News Network, June 3, 2026

TL;DR: An internal Postal Service document obtained by Federal News Network lays out the menu of legislative reforms USPS is weighing as it approaches a projected cash crunch in early 2027. The document, titled "Accelerating Progress: Elements of Postal Reform," includes options long backed by postal unions and watchdogs: recalculating USPS's Civil Service Retirement System (CSRS) contributions (USPS claims more than $153 billion in overpayments, worth about $3.5 billion a year), raising its maxed-out $15 billion Treasury borrowing limit to $35 billion, and allowing retirement funds to be invested beyond Treasury bonds. It also floats more controversial moves: eliminating or weakening the Postal Regulatory Commission (PRC), closing money-losing post offices (about 60% of post offices lose money), moving from six-day to five-day delivery (estimated savings of up to $3.5 billion a year), and raising the Forever stamp from 78 cents to 90 cents. A USPS spokesperson called it an "old document" laying out a broad set of options, and Postmaster General David Steiner has said no proposals have been formally submitted to Congress. USPS has already suspended its Federal Employees Retirement System (FERS) contributions and restricted nonessential spending to conserve cash, and a House Oversight subcommittee heard testimony from the PRC's commissioners last week.

For federal employees, this means:

• Nothing in the reform menu is self-executing. Eliminating the regulator, cutting delivery days, and closing post offices would each require Congress to change the law.

• The FERS contribution suspension conserves agency cash, but postal employees' and retirees' annuity entitlements are set by statute and paid from the Civil Service Retirement and Disability Fund.

• Watch July 12, when the already-approved stamp increase to 82 cents takes effect, and watch which items make USPS's formal legislative ask — those choices will shape postal staffing and service decisions into fiscal 2027.

Legal Insight:
The Postal Service Reform Act of 2022, Pub. L. No. 117-108, amended 39 U.S.C. § 101(b) to require an integrated delivery network operating at least six days a week, and market-dominant postal rates remain subject to PRC regulation under 39 U.S.C. § 3622 — so the most aggressive options in the document cannot take effect without new legislation. Agency FERS contributions are required by 5 U.S.C. § 8423, but employees' accrued retirement benefits do not depend on whether USPS pays those contributions on time.

Legal Tip of the Day

When You’re Placed on a PIP

A Performance Improvement Plan can feel like a warning sign, but it is also a moment when careful documentation matters. Read the PIP closely, ask how success will be measured, and request clarification in writing if expectations are vague or unrealistic. Keep a private log of assignments, deadlines, feedback, obstacles, and completed work, and save copies somewhere safe outside government systems. Avoid responding emotionally or assuming verbal reassurance will protect you later; what matters most is the written record created during the PIP period. 

In Case You Missed It