Fidel Castro dead at 90, Cubans in Miami Celebrate

 

Former Cuban leader Fidel Castro dies aged 90

Reuters: Fidel Castro, the Cuban revolutionary leader who built a communist state on the doorstep of the United States and for five decades defied U.S. efforts to topple him, died on Friday, his younger brother announced to the nation. He was 90.

A towering figure of the second half of the 20th Century, Castro had been in poor health since an intestinal ailment nearly killed him in 2006. He formally ceded power to his younger brother two years later.

Wearing a green military uniform, Cuba’s President Raul Castro appeared on state television to announce his brother’s death.

“At 10.29 at night, the chief commander of the Cuban revolution, Fidel Castro Ruz, died,” he said, without giving a cause of death.

“Ever onward, to victory.”

The streets were quiet in Havana, but some residents reacted with sadness to the news, while in Miami, where many exiles from the Communist government live, a large crowd waving Cuban flags cheered, danced and banged on pots and pans, a video on social media showed.

“I am very upset. Whatever you want to say, he is public figure that the whole world respected and loved,” said Havana student Sariel Valdespino.

Castro’s remains will be cremated, according to his wishes. His brother said details of his funeral would be given on Saturday.

The bearded Fidel Castro took power in a 1959 revolution and ruled Cuba for 49 years with a mix of charisma and iron will, creating a one-party state and becoming a central figure in the Cold War.

He was demonized by the United States and its allies but admired by many leftists around the world, especially socialist revolutionaries in Latin America and Africa.

“I lament the death of Fidel Castro Ruz, leader of the Cuban revolution and emblematic reference of the 20th Century,” Mexican President Enrique Pena Nieto said on Twitter.

Transforming Cuba from a playground for rich Americans into a symbol of resistance to Washington, Castro outlasted nine U.S. presidents in power.

He fended off a CIA-backed invasion at the Bay of Pigs in 1961 as well as countless assassination attempts.

His alliance with Moscow helped trigger the Cuban Missile Crisis in 1962, a 13-day showdown with the United States that brought the world the closest it has been to nuclear war.

Wearing green military fatigues and chomping on cigars for many of his years in power, Castro was famous for long, fist-pounding speeches filled with blistering rhetoric, often aimed at the United States.

At home, he swept away capitalism and won support for bringing schools and hospitals to the poor. But he also created legions of enemies and critics, concentrated among Cuban exiles in Miami who fled his rule and saw him as a ruthless tyrant.

In the end it was not the efforts of Washington and Cuban exiles nor the collapse of Soviet communism that ended his rule. Instead, illness forced him to cede power to his younger brother Raul Castro, provisionally in 2006 and definitively in 2008.

Although Raul Castro always glorified his older brother, he has changed Cuba since taking over by introducing market-style economic reforms and agreeing with the United States in December 2014 to re-establish diplomatic ties and end decades of hostility.

Six weeks later, Fidel Castro offered only lukewarm support for the deal, raising questions about whether he approved of ending hostilities with his longtime enemy.

He lived to witness the visit of U.S. President Barack Obama to Cuba earlier this year, the first trip by a U.S. president to the island since 1928.

Castro did not meet Obama, and days later wrote a scathing column condemning the U.S. president’s “honey-coated” words and reminding Cubans of the many U.S. efforts to overthrow and weaken the Communist government.

In his final years, Fidel Castro no longer held leadership posts. He wrote newspaper commentaries on world affairs and occasionally met with foreign leaders but he lived in semi-seclusion.

His death – which would once have thrown a question mark over Cuba’s future – seems unlikely to trigger a crisis as Raul Castro, 85, is firmly ensconced in power.

Still, the passing of the man known to most Cubans as “El Comandante” – the commander – or simply “Fidel” leaves a huge void in the country he dominated for so long. It also underlines the generational change in Cuba’s communist leadership.

Raul Castro vows to step down when his term ends in 2018 and the Communist Party has elevated younger leaders to its Politburo, including 56-year-old Miguel Diaz-Canel, who is first vice-president and the heir apparent.

Others in their 50s include Foreign Minister Bruno Rodriguez and economic reform czar Marino Murillo.

The reforms have led to more private enterprise and the lifting of some restrictions on personal freedoms but they aim to strengthen Communist Party rule, not weaken it.

“I don’t think Fidel’s passing is the big test. The big test is handing the revolution over to the next generation and that will happen when Raul steps down,” Cuba expert Phil Peters of the Lexington Institute in Virginia said before Castro’s death.

REVOLUTIONARY ICON

A Jesuit-educated lawyer, Fidel Castro led the revolution that ousted U.S.-backed dictator Fulgencio Batista on Jan 1, 1959. Aged 32, he quickly took control of Cuba and sought to transform it into an egalitarian society.

His government improved the living conditions of the very poor, achieved health and literacy levels on a par with rich countries and rid Cuba of a powerful Mafia presence.

But he also tolerated little dissent, jailed opponents, seized private businesses and monopolized the media.

Castro’s opponents labeled him a dictator and hundreds of thousands fled the island.

Many settled in Florida, influencing U.S. policy toward Cuba and plotting Castro’s demise. Some even trained in the Florida swamps for the disastrous Bay of Pigs invasion.

But they could never dislodge him.

Generations of Latin American leftists applauded Castro for his socialist policies and for thumbing his nose at the United States from its doorstep just 90 miles (145 km) from Florida.

Castro claimed he survived or evaded hundreds of assassination attempts, including some conjured up by the CIA.

In 1962, the United States imposed a damaging trade embargo that Castro blamed for most of Cuba’s ills, using it to his advantage to rally patriotic fury.

Over the years, he expanded his influence by sending Cuban troops into far-away wars, including 350,000 to fight in Africa. They provided critical support to a left-wing government in Angola and contributed to the independence of Namibia in a war that helped end apartheid in South Africa.

He also won friends by sending tens of thousands of Cuban doctors abroad to treat the poor and bringing young people from developing countries to train them as physicians

‘HISTORY WILL ABSOLVE ME’

Born on August 13, 1926 in Biran in eastern Cuba, Castro was the son of a Spanish immigrant who became a wealthy landowner.

Angry at social conditions and Batista’s dictatorship, Fidel Castro launched his revolution on July 26, 1953, with a failed assault on the Moncada barracks in the eastern city of Santiago.

He was sentenced to 15 years in prison but was released in 1955 after a pardon that would come back to haunt Batista.

Castro went into exile in Mexico and prepared a small rebel army to fight Batista. It included Argentine revolutionary Ernesto “Che” Guevara, who became his comrade-in-arms.

In December 1956, Castro and a rag-tag band of 81 followers sailed to Cuba aboard a badly overloaded yacht called “Granma”.

Only 12, including him, his brother and Guevara, escaped a government ambush when they landed in eastern Cuba.

Taking refuge in the rugged Sierra Maestra mountains, they built a guerrilla force of several thousand fighters who, along with urban rebel groups, defeated Batista’s military in just over two years.

Early in his rule, at the height of the Cold War, Castro allied Cuba to the Soviet Union, which protected the Caribbean island and was its principal benefactor for three decades.

The alliance brought in $4 billion worth of aid annually, including everything from oil to guns, but also provoked the 1962 Cuban Missile Crisis when the United States discovered Soviet missiles on the island.

Convinced that the United States was about to invade Cuba, Castro urged the Soviets to launch a nuclear attack.

Cooler heads prevailed. Soviet leader Nikita Khrushchev and U.S. President John F. Kennedy agreed the Soviets would withdraw the missiles in return for a U.S. promise never to invade Cuba. The United States also secretly agreed to remove its nuclear missiles from Turkey.

‘SPECIAL PERIOD’

When the Soviet Union collapsed in 1991, an isolated Cuba fell into a deep economic crisis that lasted for years and was known as the “special period”. Food, transport and basics such as soap were scarce and energy shortages led to frequent and long blackouts.

Castro undertook a series of tentative economic reforms to get through the crisis, including opening up to foreign tourism.

The economy improved when Venezuela’s socialist leader Hugo Chavez, who looked up to Castro as a hero, came to the rescue with cheap oil. Aid from communist-run China also helped, but an economic downturn in Venezuela since Chavez’s death in 2013 have raised fears it will scale back its support for Cuba.

Plagued by chronic economic problems, Cuba’s population of 11 million has endured years of hardship, although not the deep poverty, violent crime and government neglect of many other developing countries.

For most Cubans, Fidel Castro has been the ubiquitous figure of their entire life.

Many still love him and share his faith in a communist future, and even some who abandoned their political belief still view him with respect. But others see him as an autocrat and feel he drove the country to ruin.

Cubans earn on average the equivalent of $20 a month and struggle to make ends meet even in an economy where education and health care are free and many basic goods and services are heavily subsidized.

It was never clear whether Fidel Castro fully backed his brother’s reform efforts of recent years. Some analysts believed his mere presence kept Raul from moving further and faster while others saw him as either quietly supportive or increasingly irrelevant.

 

 

Palestinians Collaborates with UN on Resettlements

For those who believe President Obama is a lame duck simply waiting for his departure from the White House and the commencement of wealth pursuits, there is a likely surprise coming. The president has signaled that he may seek a U.N. Security Council Resolution which embodies a Palestinian state with pre-1967 lines, notwithstanding a different stance by President-elect Donald Trump.

This remarkable act would unequivocally betray the U.S. policy of vetoing anti-Israel resolutions. It would also attempt to make “illegal” Israeli buildings in east Jerusalem, Judea, and Samaria, and set in place a stance that President Trump would be hard pressed to overturn. Recently President Obama, in language that can only be regarded as hostile, said that settlement construction, even if regarded as an organic expansion of overcrowded areas is unacceptable. More here.

HRW advises UN on settlement boycott database

Human Rights Watch (HRW) has written to the UN Office of the High Commissioner for Human Rights (OHCHR), with recommendations for constructing the database of settlement businesses that was mandated as part of a Human Rights Council Resolution adopted in Geneva in March this year.

The letter, sent by HRW’s Israel/Palestine Advocacy Director, Sari Bashi, to Zeid Ra’ad Al Hussein,

High Commissioner at OHCHR, offers guidelines for interpreting the resolution, and also singles out three specific institutions for inclusion: Heidelberg Cement, RE/MAX, and FIFA.

As per the resolution, OHCHR is currently compiling a database of business enterprises involved in Israeli settlement activities in the occupied Palestinian territory and occupied Syrian Golan.

In their letter, HRW “outline[s] the kind of business activities that we believe meet three of the criteria outlined in the Resolution”, including:

“the provision of services and utilities supporting the maintenance and existence of settlements, including transport”;

“banking and financial operations helping to develop, expand or maintain settlements and their activities, including loans for housing and the development of businesses”;

“The use of natural resources, in particular water and land, for business purposes”.

HRW also “describe[s] the kind of institutions that, if found to engage in the above-stated activities, should be eligible to be listed in the database”, including non-profit organisations that have responsibilities under the UN Guiding Principles on Business and Human Rights.

Finally, HRW names three institutions it recommends be included in the database.

The German multinational Heidelberg Cement, through its subsidiary, Hanson, owns a West Bank quarry for which it pays royalties to the Israeli occupation authorities and “municipal taxes to the settlement Samaria Regional Council.”

RE/MAX, meanwhile, “is a US-based international real-estate brokerage franchise” and the owner of the global franchise network. “Its Israeli franchise, RE/MAX Israel, has a branch in the settlement of Ma’aleh Adumim and markets or has marketed homes in at least 17 additional settlements.”

Finally, HRW also singles out FIFA for inclusion, a body which, through its affiliate, the Israel Football Association (IFA), “is organising matches in Israeli settlements in the West Bank on land that has been unlawfully seized from Palestinians.”

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It has been said to follow the money and this is easy due to the wicked agenda of George Soros. He is the largest funder of HRW.

Financier and philanthropist George Soros of the Open Society Foundation announced in 2010 his intention to grant US $100 million to HRW over a period of ten years to help it expand its efforts internationally. He said, “Human Rights Watch is one of the most effective organizations I support. Human rights underpin our greatest aspirations: they’re at the heart of open societies.” The donation increases Human Rights Watch’s operating staff of 300 by 120 people. The donation was the largest in the organization’s history.

Meanwhile, Donald Trump’s son-in-law is being designated the point person to resolve the political and territory conflicts between Israel and the Palestinians. Haaretz reports American progressives are building a guide to fully oppose all things Trump so it could be the threat has been delivered early and aggressively.

Exactly how deep this political debate will go remains to be determined however, there are many in Congress that stand with the Palestinians and support efforts to the resettlement efforts.

Since June 2007, these U.S. policy priorities have crystallized around the factional and geographical split between the Fatah-led Palestinian Authority (PA) in the West Bank and Hamas in the Gaza Strip. From FY2008 to the present, annual Economic Support Fund (ESF) assistance to the West Bank and Gaza Strip has averaged around $400 million, with that amount divided between U.S. Agency for International Development (USAID)-administered project assistance (through grants and contracts) and budget support for the Palestinian Authority (PA). Annual International Narcotics Control and Law Enforcement (INCLE) non-lethal assistance for PA security forces and the criminal justice sector in the West Bank has averaged around $100 million. In line with Obama Administration requests, baseline funding levels for both ESF (including ESF-Overseas Contingency Operations, or ESF-OCO) and INCLE have declined since FY2013, with FY2017 requested annual assistance amounts of $327.6 million for ESF and $35 million for INCLE. Because of congressional concerns that, among other things, U.S. aid to the Palestinians might be diverted to Palestinian terrorist groups, the aid is subject to a host of vetting and oversight requirements and legislative restrictions. Additionally, the United States is the largest single-state donor to the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). The full summary is here.

 

Twitter: Selective Free Speech, Approves Muslim Brotherhood

Congressman, Keith Ellison, MN must be getting quite nervous and if he is not yet, he will be. Will there be others in Congress?

Egypt’s military-backed government declares Muslim Brotherhood a terrorist organization

UK Declares Muslim Brotherhood Terrorist Group, Breaks With Obama  To view the final report issued by the U.K. of which Barack Obama strongly condemned the U.K., go here.

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Members of both Houses of the U.S. Congress have submitted:

A BILL

To require the Secretary of State to submit a report to Congress on the designation of the Muslim Brotherhood as a foreign terrorist organization, and for other purposes.

1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Muslim Brotherhood

5 Terrorist Designation Act of 2015’’.

“This bill puts the lie to the notion that the Muslim Brotherhood is a peaceful political organization that can be a legitimate partner for America,” the lawmaker said. “In 2008 the Justice Department successfully prosecuted the largest terrorism-financing trial in American history arguing that the Muslim Brotherhood directed U.S. affiliates such as the Holy Land Foundation to provide ‘media, money and men’ to Hamas. That support was used for terrorist attacks against Americans and our allies in the Middle East.  When they are capable they will try to do the same thing here.”

The bill, which includes a lengthy history of the Brotherhood’s links to radical terrorist leaders and violent incidents, concludes that “the Muslim Brotherhood meets the criteria for designation as a foreign terrorist organization.”

It would require the State Department and other agencies to determine whether the Brotherhood officially meets the requirements to be designated under U.S. law as a terrorist organization.

However, “if the Secretary of State determines that the Muslim Brotherhood does not meet the criteria,” it must submit to Congress “a detailed justification as to which criteria have not been met,” according to the bill.

Muslim Brotherhood affiliates as well as the group’s members have been listed as sponsors of terrorism in the past by the U.S. government.

Five countries—Egypt, the United Arab Emirates, Saudi Arabia, Syria, and Russia—already consider the Brotherhood a terrorist organization.

Israel, Canada, and the United Kingdom are examining the possibility of designating it a terrorist organization as well. In 2014, a senior member of the Brotherhood was hosted at the White House last year, while other representatives of the group have been granted entrance to the United States. More here from FreeBeacon.

While members of Islamic State have accounts on Twitter, there is a mobilized team of people that work daily to take down those terror Twitter accounts. Yet all this seems to be good for Twitter when it comes to giving terror groups an approved and verified status on social media.

The matter of domestic proof of the Muslim Brotherhood as a terror organization has been a large part of discussions in Congress at least since 2010. One such letter is noted here:

mb-congress-letter

Twitter Verifies Muslim Brotherhood’s Account Despite Pledges to Curb Hate Speech

Twitter has verified an official English account of the Muslim Brotherhood, despite the platform’s pledge to fight hate speech. Multiple countries have designated the organization as a terrorist group.

On Saturday, Twitter awarded the Muslim Brotherhood a “verification check”, normally given to legitimate and prominent accounts on the platform. The reason for verification remains unclear due to Twitter’s policy of not commenting on individual accounts.

But under chief executive Jack Dorsey Twitter faced increasing controversy when it comes to free speech issues: prominent conservatives and an account dedicated to women’s rights in Saudi Arabia were suspended this year, for allegations of incitement or other reasons many critics called frivolous.

The Muslim Brotherhood account, however, has been openly aligned with another designated terrorist organization — Hamas — which seeks the destruction of Israel and the Jewish people and has been linked to numerous terror attacks. Back in April, Twitter shut down accounts associated with Hamas.

The now-verified Muslim Brotherhood account once compared Israel to South Africa’s apartheid system and reaffirmed its “deep appreciation” and “full support”of the so-called resistance movement Hamas and its military wing Qassam Brigades.

Meanwhile, the Muslim Brotherhood’s non-English account on Twitter openly celebrates the death of Jews and is widely shared among Twitter’s radical Islamists. More here from HeatStreet.
Egypt confiscates assets of 46 Muslim Brotherhood members

An Egyptian government committee has ordered the confiscation of assets of 46 members and supporters of the outlawed Muslim Brotherhood.

The move is part of the crackdown on the Brotherhood, once Egypt’s largest opposition group, since the ouster President Mohammed Morsi, Egypt’s first freely elected president whose rule proved divisive.

The government committee, which is affiliated with the Justice Ministry, says the confiscated assets include five companies involved in trade, construction, and pharmaceuticals.

It says Mohammed Abdel-Gawad, a former head of the pharmacists’ union under the Brotherhood’s rule of Egypt, is among those affected by Monday’s order.

Over the past three years, Egypt has confiscated assets of scores of Brotherhood members and seized their businesses, including schools, hospitals, and companies. Thousands of Brotherhood figures are also jailed or imprisoned.

IRS Audit Proves Taxpayer Data Exposed

 

The report is here and the numbers mentioned were a random sampling.

IRS exposed taxpayers’ info through shoddy emails, audit shows

Staff sent tax return data through unencrypted messages

WashingtonTimes: A surprising number of IRS employees are sending unencrypted emails containing personal taxpayer information to private accounts, putting that information at risk of being stolen, the agency’s inspector general said Thursday.

Auditors found hundreds of unencrypted emails sent that risked leaking taxpayers’ personal information, after running through a random sample of 80 employees’ emails from the IRS’s small business/self employed division for four weeks in 2015. Extrapolated over a year, that could mean more than 1.1 million emails, covering more than 28 million taxpayers’ information, could have been sent by the division.

“These unencrypted e-mails violated IRM requirements and potentially compromised the security of taxpayer information,” Inspector General J. Russell George said.

Most of the unencrypted messages were sent to other IRS employees, posing a lower risk because they were inside the agency’s firewall. But some 15 percent of the messages were sent outside the IRS — including some that IRS agents sent to their own personal email accounts, for reasons that were unclear.

The IRS, in its official response, said the review didn’t prove that information had gotten into the wrong hands, and said most of the messages identified were at least kept within the agency’s firewall.

“These communications are within the extensive protections of the IRS firewall, and pose a minimal risk of disclosure or access,” Karen Schiller, commissioner of the small business division, wrote. “But, nonetheless, we agree that encryption provides an added layer of protection.”

She said the agency has already upgraded some of its checks since the inspector general’s 2015 review.

IRS officials have repeatedly warned employees to be careful with what’s dubbed “personally identifiable information,” or PII in government-speak. Email is a particular risk, the agency says.

Personal information can be sent within the IRS to other employees who have a need to know, but even then it’s supposed to be encrypted. And sending personal information outside the IRS is forbidden, even if a taxpayer gives OK, unless an exception is specifically approved.

During the four-week test, involving 80 employees, the auditors found 32 of them — 40 percent — broke the rules by sending a total of 326 unencrypted messages containing “tax return information” from more than 8,000 taxpayers.

Of those, 51 were sent outside the IRS. More than half were sent directly to taxpayers, 14 were sent to taxpayers’ representatives, three were sent to other government agencies or third parties, and in six cases employees sent taxpayers’ information to their own personal email addresses. In some cases they sent their own information to themselves — which is still prohibited.

IRS rules allow for employees to be admonished or fired for breaking email privacy — though neither the audit nor the agency’s official response said whether anyone has been disciplined.

In a separate audit released Thursday the inspector general said the IRS didn’t always take steps to protect data transferred in bulk to other federal agencies, state and local governments, banks or contractors.

“It is essential that the IRS fully protect sensitive personal and taxpayer information that it transmits externally,” Mr. George, the inspector general, said.

Will Obama Burrow-in on the Trump Admin? Likely

A smooth and successful transfer of power on the surface perhaps…but beware of those in the shadows and lurking forever in dark hallways inside the beltway.

Primer: Obama tells anti-Trump protestors to march-on.

President Obama, speaking at a press conference in Germany, passed up the opportunity Thursday to tamp down the anti-Donald Trump protests back home — urging those taking part not to remain “silent.” 

The president fielded a question on the protests during a joint news conference in Berlin alongside German Chancellor Angela Merkel. 

“I suspect that there’s not a president in our history that hasn’t been subject to these protests,” he answered. “So, I would not advise people who feel strongly or who are concerned about some of the issues that have been raised during the course of the campaign, I wouldn’t advise them to be silent.” 

He added: “Voting matters, organizing matters and being informed on the issues matter.” 

Have you heard of the Senior Executive Service?

The Senior Executive Service (SES) lead America’s workforce. As the keystone of the Civil Service Reform Act of 1978, the SES was established to “…ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality.” These leaders possess well-honed executive skills and share a broad perspective on government and a public service commitment that is grounded in the Constitution.

Members of the SES serve in the key positions just below the top Presidential appointees. SES members are the major link between these appointees and the rest of the Federal workforce. They operate and oversee nearly every government activity in approximately 75 Federal agencies.

The U.S. Office of Personnel Management (OPM) manages the overall Federal executive personnel program, providing the day-to-day oversight and assistance to agencies as they develop, select, and manage their Federal executives.

Obama by using his mighty pen and phone can covert some of his most trusted operatives to be permanent government employees, undermining the missions of the next administration. Let that sink in a moment.

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Personnel—Political-to-Career Conversions (“Burrowing In”)

Some individuals, who are serving in appointed (noncareer) positions in the executive branch, convert to career positions in the competitive service, the Senior Executive Service (SES), or the excepted service. This practice, commonly referred to as “burrowing in,” is permissible when laws and regulations governing career appointments are followed. While such conversions may occur at any time, frequently they do so during the transition period when one Administration is preparing to leave office and another Administration is preparing to assume office.

Generally, these appointees were selected noncompetitively and are serving in such positions as Schedule C,  noncareer SES, or limited tenure SES24 that involve policy determinations or require a close and confidential relationship with the department or agency head and other top officials. Many of the Schedule C appointees receive salaries at the GS-12 through GS-15 pay levels. The noncareer and limited tenure members of the SES receive salaries under the pay schedule for senior executives that also covers the career SES.  Career employees, on the other hand, are to be selected on the basis of merit and without political influence following a process that is to be fair and open in evaluating their knowledge, skills, and experience against that of other applicants. The tenure of noncareer and career employees also differs. The former are generally limited to the term of the Administration in which they are appointed or serve at the pleasure of the person who appointed them. The latter constitute a work force that continues the operations of government without regard to the change of Administrations. In 2007, Paul Light, a professor of government at New York University who studied appointees over several Administrations, indicated that the pay, benefits, and job security of career positions underlie the desire of individuals in noncareer positions to “burrow in.”

Beyond the fundamental concern that the conversion of an individual from an appointed (noncareer) position to a career position may not have followed applicable legal and regulatory requirements, “burrowing in” raises other concerns. When the practice occurs, the following perceptions (whether valid or not) may result: that an appointee converting to a career position may limit the opportunity for other employees (who were competitively selected for their career positions, following examination of their knowledge, skills, and experience) to be promoted into another career position with greater responsibility and pay; or that the individual who is converted to a career position may seek to undermine the work of the new Administration whose policies may be at odds with those that he or she espoused when serving in the appointed capacity. Both perceptions may increase the tension between noncareer and career staff, thereby hindering the effective operation of government at a time when the desirability of creating “common ground” between these staff to facilitate government performance continues to be emphasized.28

Appointments to Career Positions

Appointments to career positions in the executive branch are governed by laws and regulations that are codified in Title 5 of the United States Code and Title 5 of the Code of Federal Regulations, respectively. For purposes of both, appointments to career positions are among those activities defined as “personnel actions,” a class of activities that can be undertaken only in accordance with strict procedures. In taking a personnel action, each department and agency head is responsible for preventing prohibited personnel practices; for complying with, and enforcing, applicable civil service laws, rules, and regulations and other aspects of personnel management; and for ensuring that agency employees are informed of the rights and remedies available to them. Such actions must adhere to the nine merit principles and thirteen prohibited personnel practices that are codified at 5 U.S.C. §2301(b) and §2302(b), respectively. These principles and practices are designed to ensure that the process for selecting career employees is fair and open (competitive), and free from political influence.

Department and agency heads also must follow regulations, codified at Title 5 of the Code of Federal Regulations, that govern career appointments. These include Civil Service Rules 4.2, which prohibits racial, political, or religious discrimination, and 7.1, which addresses an appointing officer’s discretion in filling vacancies. Other regulations provide that Office of Personnel Management (OPM) approval is required before employees in Schedule C positions may be detailed to competitive service positions, public announcement is required for all SES vacancies that will be filled by initial career appointment, and details to SES positions that are reserved for career employees (known as Career-Reserved) may only be filled by career SES or career-type non-SES appointees.

During the period June 1, 2016, through January 20, 2017, which is defined as the Presidential Election Period, certain appointees are prohibited from receiving financial awards. These

appointees, referred to as senior politically appointed officers, are (1) individuals serving in noncareer SES positions; (2) individuals serving in confidential or policy determining positions as Schedule C employees; and (3) individuals serving in limited term and limited emergency positions.

When a department or agency, for example, converts an employee from an appointed (noncareer) position to a career position without any apparent change in duties and responsibilities, or the new position appears to have been tailored to the individual’s knowledge and experience, such actions may invite scrutiny. OPM, on an ongoing basis, and GAO, periodically, conduct oversight related to conversions of employees from noncareer to career positions to ensure that proper procedures have been followed. More here from FAS.