language was included in their subcontracts (in addition to the notice that was required after the preliminary injunction was issued). Agencies should also, as practicable, promote awareness of the rescission of E.O. 13950 to contracting communities at large. Furthermore, the Department of Labor’s OFCCP will not enforce such contractual language and will immediately discontinue any other implementation actions (e.g., cease operating its phone hotline and administratively close any complaints regarding noncompliance).[1]
b. Federal Grants: The Office of Federal Financial Management has rescinded a Controller Alert, issued on December 15, 2020, that required agencies to consider boilerplate language to include in future notice of funding opportunities and federal awards, including reference to E.O. 13950. As described in the rescission, the December 15, 2020 Controller Alert does not align with this Administration’s policies and priorities. As a result, agencies are not authorized to require grant recipients to certify compliance with section 5 of E.O. 13950 or include such a requirement in grant notices of funding opportunities. For existing grants that require such a certification as a condition of
funding, agencies shall, consistent with applicable law:
- waive enforcement of any terms or conditions added pursuant to section 5 of E.O. 3950;
- provide notice to recipients that the United States will not enforce relevant terms or conditions (in addition to the notice that was required after the preliminary injunction was issued);
- and inform recipients that they should not enforce such language to the extent recipients have included it in subawards.
Additionally, Federal award recipients, including subrecipients performing under grants, shall not be investigated, debarred, or otherwise penalized for purported violations of E.O. 13950.
c. Federal Employee Training: The Office of Personnel Management will rescind its guidance to Chief Human Capital Officers and Human Resources Directors issued on October 2, 2020, and cease reviewing diversity and inclusion training for compliance with E.O. 13950.
d. Information provided to OMB: To the extent that agencies provided OMB with information requested by E.O. 13950, OMB will not act on that information.
Agencies are instructed to promptly take the actions identified above, but no later than March 22, 2021, consistent with the deadline specified in section 10(b) of E.O.
- ↑ OFCCP advises that it has ceased operating its hotline (as of January 29, 2021), administratively closed all complaints in response to EO 13950 (as of February 15, 2021), and stopped reviewing submissions received in response to the Request for Information on December 22, 2020. Information on its actions is provided on the OFCCP homepage. https://www.dol.gov/agencies/ofccp/executive-order13950?utm_campaign=&utm_medium=email&utm_source=govdelivery.
