oversight

Compliance With Executive Order 13950, "Combating Race and Sex Stereotyping"

Published by the Department of the Interior, Office of Inspector General on 2021-01-07.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

                                                                             INSPECTION




                  OFFICE OF
                  INSPECTOR GENERAL
                  U.S. DEPARTMENT OF THE INTERIOR




   Compliance With Executive
   Order 13950, "Combating Race
   and Sex Stereotyping"




   In recognition of Secretarial Order No. 3380, we are providing estimated costs
   associated with certain work products. Applying a formula involving prior salary and
   benefit expenses, we estimate the cost of preparing this report to be $40,000.



Report No.: 2021-ER-009                                                       January 2021
             OFFICE OF
             INSPECTOR GENERAL
             U.S. DEPARTMENT OF THE INTERIOR




Craig Crutchfield
Branch Chief, Office of Management and Budget
725 17th Street NW
Washington, DC 20503

Subject:      Inspection Report – Compliance With Executive Order 13950, “Combating Race
              and Sex Stereotyping”
              Report No. 2021-ER-009

Dear Mr. Crutchfield:

        We have completed our review of the U.S. Department of the Interior’s (DOI’s)
compliance with Executive Order 13950, Combating Race and Sex Stereotyping. Our findings
are detailed below.

Requirements Included in Our Review

       On September 22, 2020, the President issued Executive Order 13950, Combating Race
and Sex Stereotyping. The order’s stated purpose is to “promote economy and efficiency in
Federal contracting, to promote unity in the Federal workforce, and to combat offensive and anti-
American race and sex stereotyping and scapegoating.”

       The order outlines several requirements for Federal agencies to ensure that (1) the
agencies and their contractors and grantees do not use Federal funds in a manner inconsistent
with the order and (2) the agencies implement the order’s requirements throughout their
operations. We reviewed the DOI’s compliance with the following four requirements:

       1. Designate a senior official to manage agency implementation of the order

       2. Add language to contracts to ensure contractors comply with the order’s requirements

       3. Review grant programs to determine which grantees must certify the use of Federal
          funds in a manner consistent with the order, and provide a list of these grant programs
          to the Office of Management and Budget (OMB) by November 21, 2020

       4. Report its spending on diversity training programs to the OMB by December 21,
          2020

       The attachment contains our inspection’s scope and methodology.



                             Office of Inspector General | Washington, DC
Results of Our Review

        Agencies must incorporate the order’s requirements into their operations in several
stages. We found that the DOI met two of the four requirements we reviewed and made progress
toward compliance in the others.

Designating a Senior Official To Manage Implementation

        Executive Order 13950 requires agency heads to designate a senior political official to be
responsible for the agency’s implementation of the order. We confirmed that the DOI has
designated the Acting Assistant Secretary for Policy, Management and Budget as the responsible
official.

Including Required Clauses in Contracts1

        Section 4 of Executive Order 13950 requires Federal agencies to include four specific
clauses in every contract executed on or after November 21, 2020. Each of these clauses affirms
that the contractor will comply with the order. We reviewed 12 contracting actions and
4 purchase orders that DOI bureaus issued between November 22 and 28, 2020, and found that
only 2 contained the clauses required by the order.

       According to the Acting Assistant Secretary for Policy, Management and Budget, the
OMB notified the DOI on November 20, 2020—the day before the requirement to add the
clauses was to go into effect—that it expected Federal agencies to issue their own policies and
guidance for implementing the requirement. The Acting Assistant Secretary issued a
memorandum on November 23 instructing bureau procurement chiefs to include the required
clauses in contracts, but the memorandum was not distributed throughout the DOI until after
most of the actions we reviewed had been executed.

Reviewing Grant Programs

       Under the order, agencies must review their grant programs and identify programs for
which they may require grant recipients to certify that they will use the grant funds in a manner
consistent with the order. Agencies were also required to provide a list of those programs to the
OMB by November 21, 2020. Although the DOI submitted a partial list of its grant programs to
the OMB, DOI officials told us that a complete list has not been submitted because the DOI was
seeking clarification from the OMB on which program types needed to be reviewed.

Reporting Training Program Spending to the OMB

        The order requires each agency head to submit a spending report for fiscal year 2020 on
all “Federal employee training programs relating to diversity or inclusion.” The report must
include both aggregate training totals and specific contract costs incurred for training, and it was

1 We note that, on December 22, 2020, the U.S. District Court for the Northern District of California issued a preliminary
injunction prohibiting the OMB, among other Federal agencies, from implementing or enforcing provisions of Executive Order
13950 against any contractors, subcontractors, grantees, or subgrantees.


                                                             2
required to be issued to the OMB by December 21, 2020. We confirmed that the DOI submitted
this information to the OMB as required.

        DOI officials also notified us during our fieldwork that the DOI had submitted its
diversity and inclusion training programs to the Office of Personnel Management (OPM) to
review for consistency with the order’s requirements. The officials informed us that the OPM has
not yet approved the training programs and that the DOI will not conduct training on the
submitted programs until the OPM approves them.

       We would like to thank the DOI for its cooperation during our review. If you have
 questions about this report, please contact me at 202-208-5745.

                                            Sincerely,



                                            Mark Lee Greenblatt
                                            Inspector General


Attachment


cc:    David L. Bernhardt, Secretary of the Interior
       Vicki Brown, Chief Learning Officer
       Megan Olsen, Chief Procurement Officer
       Cara Whitehead, Director, Office of Grants Management
       Alexis Vann, Audit Liaison Officer




                                               3
Attachment: Scope and Methodology

      We limited the scope of this review to the Department of the Interior’s (DOI’s)
implementation of the four Executive Order 13950 requirements discussed in our report. To
accomplish our objective, we:

          Interviewed the Acting Assistant Secretary for Policy, Management and Budget; DOI
           contracting officers; and staff from the Offices of Financial Management, Grants
           Management, and Strategic Employee and Organization Development

          Reviewed the DOI memorandum titled Federal Acquisition Regulation (FAR) Class
           Deviation Memorandum – Combating Race and Sex Stereotyping

          Reviewed the 12 contracting actions issued by DOI bureaus between November
           22 and 28, 2020, for inclusion of the new contracting clauses 

          Judgmentally selected a sample of 4 purchase orders from the 37 issued by DOI
           bureaus between November 22 and 28, 2020, and reviewed them for inclusion of the
           new contracting clauses 

          Confirmed that a partial list of grant programs was transmitted to the Office of
           Management and Budget (OMB) 

          Confirmed that the spending report was transmitted to the OMB  

          Confirmed that a list of training programs related to diversity and inclusion was
           submitted to the Office of Personnel Management for review

      We conducted our inspection in accordance with the Quality Standards for Inspection
and Evaluation as put forth by the Council of the Inspectors General on Integrity and Efficiency.
We believe that the work performed provides a reasonable basis for our conclusions.




                                                4
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