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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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After Biden signs TikTok ban its CEO vows federal court battle

“Rest assured, we aren’t going anywhere,” CEO said

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TikTok mobile phone app. (Screenshot/YouTube)

President Joe Biden signed an appropriations bill into law on Wednesday that provides multi-billion dollar funding and military aid for Ukraine, Israel, and Taiwan after months of delay and Congressional infighting.

A separate bill Biden signed within the aid package contained a bipartisan provision that will ban the popular social media app TikTok from the United States if its Chinese parent company ByteDance does not sell off the American subsidiary.

Reacting, TikTok CEO Shou Zi Chew said Wednesday that the Culver City, Calif.-based company would go to court to try to remain online in the U.S.

In a video posted on the company’s social media accounts, Chew denounced the potential ban: “Make no mistake, this is a ban, a ban of TikTok and a ban on you and your voice,” Chew said. “Rest assured, we aren’t going anywhere. We are confident and we will keep fighting for your rights in the courts. The facts and the constitution are on our side, and we expect to prevail,” he added.

White House Press Secretary Karine Jean-Pierre adamantly denied during a press briefing on Wednesday that the bill constitutes a ban, reiterating the administration’s hope that TikTok will be purchased by a third-party buyer and referencing media reports about the many firms that are interested.

Chew has repeatedly testified in both the House and Senate regarding ByteDance’s ability to mine personal data of its 170 million plus American subscribers, maintaining that user data is secure and not shared with either ByteDance nor agencies of the Chinese government. The testimony failed to assuage lawmakers’ doubts.

In an email, the former chair of the House Intelligence Committee, U.S. Rep. Adam Schiff (D-Calif.), who doesn’t support a blanket ban of the app, told the Washington Blade:

“As the former chairman of the House Intelligence Committee, I have long worked to safeguard Americans’ freedoms and security both at home and abroad. The Chinese Communist Party’s ability to exploit private user data and to manipulate public opinion through TikTok present serious national security concerns. For that reason, I believe that divestiture presents the best option to preserve access to the platform, while ameliorating these risks. I do not support a ban on TikTok while there are other less restrictive means available, and this legislation will give the administration the leverage and authority to require divestiture.”

A spokesperson for U.S. Sen. Alex Padilla (D-Calif.) told the Blade: “Senator Padilla believes we can support speech and creativity while also protecting data privacy and security. TikTok’s relationship to the Chinese Communist Party poses significant data privacy concerns. He will continue working with the Biden-Harris administration and his colleagues in Congress to safeguard Americans’ data privacy and foster continued innovation.”

The law, which gives ByteDance 270 days to divest TikTok’s U.S. assets, expires with a January 19, 2025 deadline for a sale. The date is one day before Biden’s term is set to expire, although he could extend the deadline by three months if he determines ByteDance is making progress or the transaction faces uncertainty in a federal court.

Former President Donald Trump’s executive order in 2020, which sought to ban TikTok and Chinese-owned WeChat, a unit of Beijing-based Tencent, in the U.S., was blocked by federal courts.

TikTok has previously fought efforts to ban its widely popular app by the state of Montana last year, in a case that saw a federal judge in Helena block that state ban, citing free-speech grounds.

The South China Morning Post reported this week that the four-year battle over TikTok is a significant front in a war over the internet and technology between Washington and Beijing. Last week, Apple said China had ordered it to remove Meta Platforms’s WhatsApp and Threads from its App Store in China over Chinese national security concerns.

A spokesperson for the ACLU told the Blade in a statement that “banning or requiring divestiture of TikTok would set an alarming global precedent for excessive government control over social media platforms.”

LGBTQ TikToker users are alarmed, fearing that a ban will represent the disruption of networks of support and activism. However, queer social media influencers who operate on multiple platforms expressed some doubts as to long term impact.

Los Angeles Blade contributor Chris Stanley told the Blade:

“It might affect us slightly, because TikTok is so easy to go viral on. Which obviously means more brand deals, etc. However they also suppress and shadow ban LGBTQ creators frequently. But we will definitely be focusing our energy more on other platforms with this uncertainty going forward. Lucky for us, we aren’t one trick ponies and have multiple other platforms built.”

Brooklyn, N.Y.,-based gay social media creator and influencer Artem Bezrukavenko told the Blade:

“For smart creators it won’t because they have multiple platforms. For people who put all their livelihood yes. Like people who do livestreams,” he said adding: “Personally I’m happy it gets banned or American company will own it so they will be less homophobic to us.”

TikTok’s LGBTQ following has generally positive experiences although there have been widely reported instances of users, notably transgender users, seemingly targeted by the platform’s algorithms and having their accounts banned or repeatedly suspended.

Of greater concern is the staggering rise in anti-LGBTQ violence and threats on the platform prompting LGBTQ advocacy group GLAAD, in its annual Social Media Safety Index, to give TikTok a failing score on LGBTQ safety.

Additional reporting by Christopher Kane

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Smithsonian staff concerned about future of LGBTQ programming amid GOP scrutiny

Secretary Lonnie Bunch says ‘LGBTQ+ content is welcome’

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Lonnie G. Bunch III, secretary of the Smithsonian Institution, appears before a Dec. 2023 hearing of the U.S. Committee on House Administration (Screen capture: Forbes/YouTube)

Staff at the Smithsonian Institution are concerned about the future of LGBTQ programming as several events featuring a drag performer were cancelled or postponed following scrutiny by House Republicans, according to emails reviewed by the Washington Post.

In December, Secretary Lonnie G. Bunch III appeared before a hearing led by GOP members of the Committee on House Administration, who flagged concerns about the Smithsonian’s involvement in “the Left’s indoctrination of our children.”

Under questioning from U.S. Rep. Stephanie Bice (R-Okla.), Bunch said he was “surprised” to learn the Smithsonian had hosted six drag events over the past three years, telling the lawmakers “It’s not appropriate to expose children” to these performances.

Collaborations with drag artist Pattie Gonia in December, January, and March were subsequently postponed or cancelled, the Post reported on Saturday, adding that a Smithsonian spokesperson blamed “budgetary constraints and other resource issues” and the museums are still developing programming for Pride month in June.

“I, along with all senior leaders, take seriously the concerns expressed by staff and will continue to do so,” Bunch said in a statement to the paper. “As we have reiterated, LGBTQ+ content is welcome at the Smithsonian.”

The secretary sent an email on Friday expressing plans to meet with leaders of the Smithsonian Pride Alliance, one of the two groups that detailed their concerns to him following December’s hearing.

Bunch told the Pride Alliance in January that with his response to Bice’s question, his intention was to “immediately stress that the Smithsonian does not expose children to inappropriate content.”

“A hearing setting does not give you ample time to expand,” he said, adding that with more time he would have spoken “more broadly about the merits and goals of our programming and content development and how we equip parents to make choices about what content their children experience.”

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Survey finds support for Biden among LGBTQ adults persists despite misgivings

Data for Progress previewed the results exclusively with the Blade

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Former President Donald Trump and President Joe Biden (Washington Blade photo by Michael Key)

A new survey by Data for Progress found LGBTQ adults overwhelmingly favor President Joe Biden and Democrats over his 2024 rival former President Donald Trump and Republicans, but responses to other questions may signal potential headwinds for Biden’s reelection campaign.

The organization shared the findings of its poll, which included 873 respondents from across the country including an oversample of transgender adults, exclusively with the Washington Blade on Thursday.

Despite the clear margin of support for the president, with only 22 percent of respondents reporting that they have a very favorable or somewhat favorable opinion of Trump, answers were more mixed when it came to assessments of Biden’s performance over the past four years and his party’s record of protecting queer and trans Americans.

Forty-five percent of respondents said the Biden-Harris administration has performed better than they expected, while 47 percent said the administration’s record has been worse than they anticipated. A greater margin of trans adults in the survey — 52 vs. 37 percent — said their expectations were not met.

Seventy precent of all LGBTQ respondents and 81 percent of those who identify as trans said the Democratic Party should be doing more for queer and trans folks, while just 24 percent of all survey participants and 17 percent of trans participants agreed the party is already doing enough.

With respect to the issues respondents care about the most when deciding between the candidates on their ballots, LGBTQ issues were second only to the economy, eclipsing other considerations like abortion and threats to democracy.

These answers may reflect heightened fear and anxiety among LGBTQ adults as a consequence of the dramatic uptick over the past few years in rhetorical, legislative, and violent bias-motivated attacks against the community, especially targeting queer and trans folks.

The survey found that while LGBTQ adults are highly motivated to vote in November, there are signs of ennui. For example, enthusiasm was substantially lower among those aged 18 to 24 and 25 to 39 compared with adults 40 and older. And a plurality of younger LGBTQ respondents said they believe that neither of the country’s two major political parties care about them.

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