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Berry to exit this week as OPM director

Move comes after four years as highest-ranking out gay official in the administration

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John Berry, Office of Personnel Management, gay news, Washington Blade
John Berry, gay news, Washington Blade

John Berry is departing as OPM director at the end of this week. (Blade file photo by Michael Key)

The official who’s considered the highest-ranking openly gay member of the Obama administration is set to leave his post as director of the Office of Personnel Management at the end of this week.

In an email to workers within the agency, Berry talks of his plans to leave his position at the end of his term after four years of service. The email was first reported by Federal News Radio.

“From my first day on the job through to today, I’ve known that I could count on this team to accomplish great things,” Berry wrote. “Together we undertook big challenges. We aimed to simplify and speed hiring, to boost hiring among Veterans and Americans with disabilities, to catch up and keep up with both retirement and background investigations, and to expand access to health insurance. We’ve done all that and more — much more.”

In the message, Berry says OPM General Counsel Elaine Kaplan, who’s also gay, will take over as acting director. Last month, President Obama nominated her for a seat on the U.S. Court of Federal Claims.

Berry took on the job on April 13, 2009, so his departure will be nearly four years to the day that he started the role. According to Federal News Radio, Berry informed the Chief Human Capital Officers Council earlier this month of his intention to leave. The news outlet also states the position of OPM director is limited to a four-year term, and although Obama can extend the term through re-nomination, there is no indication he will do so.

In a statement on Friday, President Obama praised Berry for his work at OPM, saying he’s “served the American people well” as head of the agency.

“He’s streamlined the way federal employees are hired, modernized the workplace, made the federal workforce more diverse, and increased the number of returning servicemembers hired by the government,” Obama said. “John has been a champion for federal workers – men and women who devote their lives to vital tasks like securing our borders, curing disease, and keeping the American people safe.  This country is better off because of John’s talent and dedication, and I’m grateful to him for his service.”

Under Berry’s tenure at OPM, Obama issued a memorandum extending limited benefits to federal workers with same-sex partners. Additionally, OPM proposed a rule that would enable gay federal workers to cover the children of their same-sex partners under federal health insurance.

Berry has been active as an adviser on LGBT issues for the administration. The OPM director was present at the meeting in which White House officials informed LGBT advocates it won’t issue at this time an executive order barring LGBT workplace discrimination among federal contractors, and Berry also took part in a White House meeting with transgender advocates on the Transgender Day of Remembrance.

The Washington Post reported last month that Berry is in the running for the nomination as U.S. ambassador to Australia. His name has often been floated for other positions within the administration — such as secretary of the interior, which ultimately went to Washington State-based businessperson Sally Jewell. Had Berry been chosen, he would have been the first openly gay Cabinet member in the nation’s history.

It’s unclear who’ll be the highest-ranking openly LGBT person within the Obama administration upon Berry’s departure. That distinction may go to Fred Hochberg, who serves as head of the U.S. Export-Import Bank.

Berry’s complete farewell email to employees follows:

As many of you know, my term as Director of OPM will shortly come to a close.  Starting April 15th, Elaine Kaplan will serve as Acting Director – and I know that each of you will be just as helpful to her as you’ve been for me.

From my first day on the job through to today, I’ve known that I could count on this team to accomplish great things.

Together we undertook big challenges.  We aimed to simplify and speed hiring, to boost hiring among Veterans and Americans with disabilities, to catch up and keep up with both retirement and background investigations, and to expand access to health insurance

We’ve done all that and more – much more.

Today we handle over 2 million background investigations a year so smoothly that we’ve taken the issue off the GAO list.

We’ve eliminated KSA’s and moved to the world of the resume. We’ve given our applicants the respect of timely responses and concise job announcements.  More than three-quarters of our job announcements were longer than 5 pages in 2009 –now 69% are shorter than 5 pages.  We relaunched –and repaired – USAJOBS, and have now processed over 29 million applications since the update, with feedback that’s better than ever.

We’ve raised the bar in big ways on hiring Veterans – from 24% of new hires in 2009 to 28.3% in 2011, and even higher preliminary numbers in 2012, reaching all-time highs.  Likewise, we’ve lifted hiring of Americans with disabilities to all-time highs, at 7.96% of all new hires.  Including Veterans who are 30% or more disabled, people with disabilities now represent 14.7% of all new hires – also an all-time high.

We’ve revitalized our appeal for students and recent graduates, with three clear and streamlined pathways that will keep the best talent coming into public service.  We’ve taken the lead in boosting diversity and inclusion, with comprehensive plans from every agency, and partnerships both in and out of government.  We’ve expanded benefits for same-sex partners of Federal employees to the full extent allowed by law.

We’ve set the Senior Executive Service on a new path to fulfill old principles, with a strengthened merit system, new and better training programs, and an increasingly inclusive culture across agencies – bringing more women and minorities into the SES than ever in its history.

We’ve made Federal health insurance possible for firefighters and emergency response workers, and for over 10,000 tribal employees.  On an overhead of less than 0.1% of premiums, we’ve kept premium increases for our 8 million FEHBP members well below the industry average – just 3.4% in each of the past two years.  We stood up the Pre-existing Condition Insurance Program, and we’re on our way to certifying quality health insurance plans for the multi-state programs that open this fall.

We’ve systematically worked our way through the backlog in retirement applications, with partners and process changes that met even the challenge of extra retirements from Postal Service buyouts.  We gained a new phased retirement authority that’s sure to help smooth transitions and transfer institutional memory through part-time work for aging employees and mentorships for those who take over the reins.

We launched the Feds Feeds Families drive, gathering almost 16 million pounds of food and non-perishables for needy families across the nation.

We brought labor and management together to agree on the GEAR framework for performance management.

We undertook the largest-ever employee viewpoint survey – and at the same time saw our agency climb up the standings to become one of the Federal Government’s best places to work.  We’ve used employee wellness programs to quit smoking and lose weight.

We’ve brought our agency website forward at least a decade in both appearance and utility, and we’ve learned the ways of social media to help spread our messages far and wide.  Through the CHCO Council and HRU, we’ve saved over $55 million on training, and we’ve proved to agencies that we’re here to help.

We’ve started the ball rolling on changes that will help the Combined Federal Campaign continue its success as the world’s biggest workplace charity drive by making sure that every last dime of employees’ donations go into the charities they’ve chosen.

We’ve weathered a storm or two – even an earthquake – and we’ve expanded telework to keep agencies achieving their missions, no matter what the weather.

We’ve brought great ideas in from the private sector in the form of our Innovation Lab, a place and an approach that is already generating new approaches and new savings.

Through it all, it’s been a tremendous honor to serve as your leader.

Your achievements are many and magnificent – and I deeply appreciate the work you’ve done to make it all possible.

Your grateful Director,

John Berry

 

UPDATE: This article has been updated to include a statement from President Obama.

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Congress

Top Congressional Democrats reintroduce Equality Act on Trump’s 100th day in office

Legislation would codify federal LGBTQ-inclusive non-discrimination protections

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Senate Democratic Leader Chuck Schumer (N.Y.) and Democratic members reintroduce the Equality Act, April 29 2025 (Washington Blade photo by Christopher Kane)

In a unified display of support for LGBTQ rights on President Donald Trump’s 100th day in office, congressional Democrats, including leadership from the U.S. House and U.S. Senate, reintroduced the Equality Act on Tuesday.

The legislation, which would prohibit discrimination on the basis of sexual orientation and gender identity, codifying these protections into federal law in areas from jury service to housing and employment, faces an unlikely path to passage amid Republican control of both chambers of Congress along with the White House.

Speaking at a press conference on the grass across the drive from the Senate steps were Senate Minority Leader Chuck Schumer (N.Y.), House Speaker Emerita Nancy Pelosi (Calif.), House Democratic Whip Katherine Clark (Mass.), U.S. Sen. Tammy Baldwin (Wis.), who is the first out LGBTQ U.S. Senator, U.S. Rep. Mark Takano (Calif.), who is gay and chairs the Congressional Equality Caucus, U.S. Rep. Chris Pappas (N.H.), who is gay and is running for the U.S. Senate, U.S. Sen. Cory Booker (N.J.), and U.S. Sen. Jeff Merkley (Ore.).

Also in attendance were U.S. Rep. Sarah McBride (Del.), who is the first transgender member of Congress, U.S. Rep. Dina Titus (Nev.), U.S. Rep. Mike Quigley (Ill.), and representatives from LGBTQ advocacy groups including the Human Rights Campaign and Advocates 4 Trans Equality.

Responding to a question from the Washington Blade on the decision to reintroduce the bill as Trump marks the hundredth day of his second term, Takano said, “I don’t know that there was a conscious decision,” but “it’s a beautiful day to stand up for equality. And, you know, I think the president is clearly hitting a wall that Americans are saying, many Americans are saying, ‘we didn’t vote for this.'”

A Washington Post-ABC News-Ipsos poll released Sunday showed Trump’s approval rating in decline amid signs of major opposition to his agenda.

“Many Americans never voted for this, but many Americans, I mean, it’s a great day to remind them what is in the core of what is the right side of history, a more perfect union. This is the march for a more perfect union. That’s what most Americans believe in. And it’s a great day on this 100th day to remind our administration what the right side of history is.”

Merkley, when asked about the prospect of getting enough Republicans on board with the Equality Act to pass the measure, noted that, “If you can be against discrimination in employment, you can be against discrimination in financial contracts, you can be against discrimination in mortgages, in jury duty, you can be against discrimination in public accommodations and housing, and so we’re going to continue to remind our colleagues that discrimination is wrong.”

The Employment Non-Discrimination Act, which was sponsored by Merkley, was passed by the Senate in 2013 but languished in the House. The bill was ultimately broadened to become the Equality Act.

“As Speaker Nancy Pelosi has always taught me,” Takano added, “public sentiment is everything. Now is the moment to bring greater understanding and greater momentum, because, really, the Congress is a reflection of the people.”

“While we’re in a different place right this minute” compared to 2019 and 2021 when the Equality Act was passed by the House, Pelosi said she believes “there is an opportunity for corporate America to weigh in” and lobby the Senate to convince members of the need to enshrine federal anti-discrimination protections into law “so that people can fully participate.”

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Politics

George Santos sentenced to 87 months in prison for fraud case

Judge: ‘You got elected with your words, most of which were lies.’

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Former U.S. Rep. George Santos (Washington Blade photo by Christopher Kane)

Disgraced former Republican congressman George Santos was sentenced to 87 months in prison on Friday, after pleading guilty last year to federal charges of wire fraud and aggravated identity theft. 

“Mr. Santos, words have consequences,” said Judge Joanna Seybert of the U.S. District Court for the Eastern District of New York. “You got elected with your words, most of which were lies.”

The first openly gay GOP member of Congress, Santos became a laughing stock after revelations came to light about his extensive history of fabricating and exaggerating details about his life and career.

His colleagues voted in December 2023 to expel him from Congress. An investigation by the U.S. House Ethics Committee found that Santos had used pilfered campaign funds for cosmetic procedures, designer fashion, and OnlyFans.

Federal prosecutors, however, found evidence that “Mr. Santos stole from donors, used his campaign account for personal purchases, inflated his fund-raising numbers, lied about his wealth on congressional documents and committed unemployment fraud,” per the New York Times.

The former congressman told the paper this week that he would not ask for a pardon. Despite Santos’s loyalty to President Donald Trump, the president has made no indication that he would intervene in his legal troubles.

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Congress

Democratic lawmakers travel to El Salvador, demand information about gay Venezuelan asylum seeker

Congressman Robert Garcia led delegation

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

California Congressman Robert Garcia on Tuesday said the U.S. Embassy in El Salvador has agreed to ask the Salvadoran government about the well-being of a gay asylum seeker from Venezuela who remains incarcerated in the Central American country.

The Trump-Vance administration last month “forcibly removed” Andry Hernández Romero, a stylist who asked for asylum because of persecution he suffered because of his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”

Garcia told the Washington Blade that he and three other lawmakers — U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) — met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital.

“His lawyers haven’t heard from him since he was abducted during his asylum process,” said Garcia.

The gay California Democrat noted the embassy agreed to ask the Salvadoran government to “see how he (Hernández) is doing and to make sure he’s alive.”

“That’s important,” said Garcia. “They’ve agreed to that … we’re hopeful that we get some word, and that will be very comforting to his family and of course to his legal team.”

The U.S. Embassy in El Salvador in 2023. (Photo courtesy of the U.S. Embassy of El Salvador’s Facebook page)

Garcia, Frost, Dexter, and Ansari traveled to El Salvador days after House Oversight and Government Reform Committee Chair James Comer (R-Ky.) and House Homeland Security Committee Chair Mark Green (R-Tenn.) denied their request to use committee funds for their trip.

“We went anyways,” said Garcia. “We’re not going to be intimidated by that.”

Salvadoran President Nayib Bukele on April 14 met with Trump at the White House. U.S. Sen. Chris Van Hollen (D-Md.) three days later sat down with Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador on March 15.

Abrego was sent to the country’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. The Trump-Vance administration continues to defy a U.S. Supreme Court ruling that ordered it to “facilitate” Abrego’s return to the U.S.

Garcia, Frost, Dexter, and Ansari in a letter they sent a letter to Duncan and Secretary of State Marco Rubio on Monday demanded “access to” Hernández, who they note “may be imprisoned at” CECOT. A State Department spokesperson referred the Blade to the Salvadoran government in response to questions about “detainees” in the country.

Garcia said the majority of those in CECOT who the White House deported to El Salvador do not have criminal records.

“They can say what they want, but if they’re not presenting evidence, if a judge isn’t sending people, and these people have their due process, I just don’t understand how we have a country without due process,” he told the Blade. “It’s just the bedrock of our democracy.”

President Donald Trump greets Salvadoran President Nayib Bukele at the White House on April 14, 2025. (Public domain photo)

Garcia said he and Frost, Dexter, and Ansari spoke with embassy staff, Salvadoran journalists and human rights activists and “anyone else who would listen” about Hernández. The California Democrat noted he and his colleagues also highlighted Abrego’s case.

“He (Hernández) was accepted for his asylum claim,” said Garcia. “He (Hernández) signed up for the asylum process on an app that we created for this very purpose, and then you get snatched up and taken to a foreign prison. It is unacceptable and inhumane and cruel and so it’s important that we elevate his story and his case.”

The Blade asked Garcia why the Trump-Vance administration is deporting people to El Salvador without due process.

“I honestly believe that he (Trump) is a master of dehumanizing people, and he wants to continue his horrendous campaign to dehumanize migrants and scare the American public and lie to the American public,” said Garcia.

The State Department spokesperson in response to the Blade’s request for comment referenced spokesperson Tammy Bruce’s comments about Van Hollen’s trip to El Salvador.

“These Congressional representatives would be better off focused on their own districts,” said the spokesperson. “Instead, they are concerned about non-U.S. citizens.”

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