Executive Order FAQ

• We anticipate updates to award Research Compliance requirements. These changes could either be implemented directly by a federal agency or sponsor or may require an amendment on a project-by-project basis. We will share any applicable information we receive with you, though you may also receive instructions directly from your Program Officer.
• Please forward any communications from the program officers to your SPC at ORS/ORA. It is crucial to act swiftly to ensure compliance with any new requirements, as failure to do so could jeopardize funding.
• If you need assistance managing research compliance matters, please reach out to the relevant department noted below:
  • Inquiries related to research security/export control, please contact export@ou.edu.
  • For assistance managing research compliance matters, please reach out to the appropriate office listed below:
    • Institutional Review Board (IRB): irb@ou.edu
    • Institutional Review Board, HSC: irb@ouhsc.edu
    • Institutional Biosafety Committee (IBC), Norman: IBC@ou.edu
    • Institutional Biosafety Committee, HSC: IBC@ouhsc.edu
    • Institutional Animal Care & Use Committee (IACUC), Norman: iacuc@ou.edu
    • Institutional Animal Care & Use Committee, HSC: IACUC@ouhsc.edu
    • Conflict of Interest (COI), Norman: coi@ou.edu
    • Conflict of Interest, HSC: COIHSC@ouhsc.edu
    • Agency-specific RCR training, Norman: ris@ou.edu
    • Agency-specific RCR training, HSC: Research-Integrity@ouhsc.edu@ou.edu

• We anticipate updates to award reporting requirements. These changes could either be implemented directly by a federal agency or sponsor or may require an amendment on a project-by-project basis. We will share any applicable information we receive with you, though you may also receive instructions directly from your Program Officer.
• Please forward any communications from the program officers to your SPC at ORS/ORA. It is critical to act quickly to ensure compliance with any new reporting requirements, as failure to do so may jeopardize funding. Please contact your SPC at ORS/ORA if you need assistance managing any requests.
• If specific programs are terminated or restructured, you may encounter difficulties accessing funds or meeting new criteria. Federal agencies managing these programs will typically issue guidance on how to proceed.  We will pass this along promptly if/when received. Please forward any communications from the program officers to your SPC at ORS/ORA.

What to Do:

• Review Your Grant Agreement: Ensure you understand the terms, especially clauses related to funding availability and reimbursement.
• Closely monitor obligated budget balances to avoid deficits while awaiting future obligations. Anticipated future funding remains subject to availability of funds and should not be considered guaranteed.
• Communicate with the Grant Officer: Stay in touch with your program or grant officer to confirm there are no changes affecting your award.
• Reports and Deliverables. Prioritize the submission of any technical reports or deliverables that may have be past due.
• Monitor Policy Updates: Keep an eye on announcements from the federal agency overseeing your grant for any updates on funding or compliance requirements.

• Federal agencies have issued notices to immediately cease all DEIA activities tied to awarded federally funded projects.
• Affected activities include, but are not limited to:
  • DEIA/Promoting Inclusive and Equitable Research (PIER) plan requirements
  • Training and reporting
  • Staffing considerations
  • Other direct or indirect award activities

What to Do:

• Stop all DEIA-related activities on your project immediately.
  • If any subrecipients are performing DEIA-related activities, see Subrecipients section below.
• Do not apply any further charges to the award for DEIA purposes.
  • Costs and salaries for DEIA activities may be mapped to non-sponsored accounts at the unit’s discretion so long as it is in compliance with Governor Stitt’s Executive Order 2023-31 related to DEI.
• Ensure that funds previously allocated for DEIA activities remain unspent and are not reallocated to other budget categories.

If an event has been scheduled but can no longer proceed, promptly notify all relevant stakeholders, including participants, speakers, and organizers, about the cancellation or postponement.

• Programs may face restructuring, delays, or defunding. Guidance will be shared when available.

If Funding is Not Obligated:

• For all awards, not just federal – if funding has not been obligated to OU to pay for the procurement, consider postponing or canceling the purchase until the required funds are provided.   If this is a procurement that requires further consideration or resources from OU, please contact Director, Planning and Research Facilities, Meghan Bomgaars at mbomgaars@ou.edu and/or Research Financial Services for clarification. For HSC, please contact: VPR@ouhsc.edu.

If Funding is Obligated:

• If you are able to secure equipment, materials, or supplies for your project using your currently obligated funds, you are encouraged to proceed with doing so.
• Continue to verify the availability of funds and stay informed about any policy changes that could impact your projects.
• If a procurement is in process, review the terms and conditions of the agreement for cancellation provisions and upcoming payment milestones. If you have any questions, please contact your department head responsible for working with Procurement or Shared Business Services.
• If a procurement agreement is being negotiated, collaborate with OU Procurement to ensure the terms and conditions align with the current funding availability.
• When obtaining quotes for a procurement, request that the country of origin be included and ensure the quote includes a validity period during which the vendor is committed to maintaining the quoted prices without alteration.

Travel may be suspended by federal agencies. If you have already made travel arrangements using obligated and approved funds, and the trip is critical, you may proceed. If travel is not critical, it is advised to refrain from traveling until further guidance is provided.

Contacts:

• Your SPC in ORS or SPA in ORA.

Guidance:

• When an award is signed, the federal agency allocates a portion of the total approved budget as obligated funds.  OU as the recipient can incur expenses up to the obligated amount and these expenses will be reimbursed. Any expenses incurred within the scope of the award and covered by obligated funds will be reimbursed. Future expenses beyond the current obligation will not be reimbursed. The same principles apply to subawards. When an award is signed, the federal agency allocates a portion of the total approved budget as obligated funds. OU, as the recipient, can authorize subawardees to incur expenses up to the obligated amount, and these expenses will be reimbursed. Any expenses incurred by subawardees within the scope of the subaward and covered by obligated funds will be reimbursed. However, future expenses beyond the current obligation will not be reimbursed unless additional funds are formally obligated.
• ORS/ORA will notify current subrecipients about any updates to their portion of a federally funded project. This notification will include the following:

Key Updates for Your Subaward:

• DEIA (Diversity, Equity, Inclusion and Accessibility): Immediately cease and desist all DEIA activities required under your federally funded project. These activities may include, but are not limited to, DEIA plan requirements, training, reporting, staffing considerations, and other direct or indirect award activities.
• At-Risk: Any at-risk authorizations issued in advance of a subaward to initiate work, as well as any extensions of existing at-risk authorizations, are hereby null and void.
• Existing Funds: Work on your project may continue as long as obligated funds are available. However, once these funds are fully expended, you are required to cease all project activities unless additional funding is authorized.
• Delays in Additional Funding: Additional funding actions, including continuations and supplements, will be postponed until further notice.
• Travel: Travel may be suspended if not already obligated and approved travel.
• Stop-Work Order/Suspension: If a stop-work order or suspension has been issued, as a Subrecipient you must:
  • Immediately stop all work related to the project.
  • Avoid incurring any new expenses after the effective date mentioned in the notice.
  • Cancel any existing commitments to minimize costs.

Please follow the procedure below when you receive a stop-work order, notice of termination, or notice of suspension of a federal contract or award:

1. Contracts:
   • If you receive a stop-work order, immediately halt all project activities as specified in the notice.
   • Please contact ORS/ORA SPC, Research Financial Services, the Department Contact/College Contact to inform them of the notice.
   • ORS/ORA will initiate an internal modification to the award to Research Financial Services.
   • If the sponsor requests written certification of compliance, the Pl or Authorized Organizational Representative can respond confirming receipt and intent to comply. Pl can reach out to ORS/ORA to discuss any other inquiries.
   • If you receive a notice of termination or suspension, refer to the For All Notices section below.
   • Retain all records and communications related to the project for audit and closeout purposes.
2. Grants:
   • If you receive a stop-work order, immediately halt all project activities as specified in the order.
   • Only costs incurred up to the date of the stop-work order will be reimbursable.
   • Notify your ORS SPC or ORA SPA, Research Financial Service and department/college heads.
   • ORS/ORA will initiate an internal modification to the award to Research Financial Services to ensure compliance and proper documentation.
   • If you receive a notice of termination or suspension, refer to the For All Notices section.
   • Retain all records and communications related to the project for audit and closeout purposes.
3. For All Notices: Review the terms of the stop-work order or termination/suspension notice carefully.
   • Submit any required final reports or deliverables promptly.
   • Avoid incurring any additional expenses unless explicitly authorized in the notice.
   • Closely monitor obligated budget balances to avoid deficits while awaiting future obligations. Anticipated future funding remains subject to the availability of funds and should not be considered guaranteed.
   • When an award is signed, the federal agency allocates a portion of the total approved budget as obligated funds. OU as the recipient can incur expenses up to the obligated amount and these expenses will be reimbursed. Any expenses incurred within the scope of the award and covered by obligated funds will be reimbursed, so far as we are aware. Future expenses beyond the current obligation will not be reimbursed unless additional funds are formally obligated.
   • The same principles apply to subawards. When an award is signed, the federal agency allocates a portion of the total approved budget as obligated funds. OU, as the recipient, can authorize subawardees to incur expenses up to the obligated amount, and these expenses will be reimbursed. Any expenses incurred by subawardees within the scope of the subaward and covered by obligated funds will be reimbursed, so far as we are aware. However, future expenses beyond the current obligation will not be reimbursed unless additional funds are formally obligated.
   • Note for Stop-Work Orders: Only costs through the date of receipt of the notice are typically reimbursable.
4. Appeals: As you may be aware, several federal agencies have recently advised the University of award terminations relating to research grants. You may also be aware that some funding agencies have provided an option to appeal the Notice of Termination within a short period following the Notice. Research grants are considered valuable University assets as the institution is the grantee, and appealing federal agency terminations may present potential ramifications for the University and other OU researchers and programs. As such, the University will assess pursuing an appeal on a case-by-case basis, taking into consideration information provided in the Notice, the grant itself, and input from the Principal Investigator. Principal Investigators and/or departments that receive a Notice of Termination are asked to follow the process below so that the University may adequately and timely assess whether to appeal the Notice:
   • Send the Notice immediately to the VPR/VPRP and ORA/ORS, along with any other information the Pl or Department believes should be considered as part of the decision of whether to appeal;
   • The VPR/VPRP and/or ORA/ORS will update the appropriate Senior Vice President and Provost and Office of Legal Counsel and provide relevant information for review;
   • The Office of Legal Counsel will review and advise leadership on the legal process for appeal, the likelihood of success, and any risk associated with an appeal. The most viable appeals will be based on a disconnect between the stated reason for termination and the subject of the research;
   • Leadership will review the relevant information in consultation with the Office of Legal Counsel and determine on a case-by-case basis whether to appeal the Notice of Termination.
5. Disenrollment of Participants: Should disenrollment of participants in terminated grants be required, the Office of Compliance (Human Research Participant Protection) in consultation with the Office of Legal Counsel, will provide any required notifications.

We understand you may be concerned about current grants. lf so, please contact your contracting agency in consultation with your VPR's/VPRP's office to determine whether modifications may help insulate the grant from potential termination.

We understand and appreciate the tremendous effort made to obtain research grants and the importance of the work to the University. Our office is here to provide assistance.

All review panels, new awards, and all payments of funds under open awards will be paused as the agency conducts the required reviews and analysis of their financial assistance programs to determine programs, projects, and activities that may be implicated by the recent Executive Orders. NSF has created an executive order implementation webpage to ensure the widest dissemination of information and updates.

All NSF grantees must comply with these Executive Orders, and any other relevant Executive Orders issued, by ceasing all non-compliant grant and award activities. In particular, this may include, but is not limited to conferences, trainings, workshops, considerations for staffing and participant selection, and any other grant activity that uses or promotes the use of DEIA principles and frameworks or violates Federal anti-discrimination laws. You can also direct your questions through this NSF webform.

On Friday, January 31, 2025, a Federal Court issued a Temporary Restraining Order (TRO) directing Federal grant-making agencies, including the National Science Foundation (NSF), to “...not pause, freeze, impede, block, cancel, or terminate... awards and obligations to provide federal financial assistance to the States, and... not impede the States’ access to such awards and obligations, except on the basis of the applicable authorizing statutes, regulations, and terms.” Although the language of the TRO is directed at State institutions, the Department of Justice has determined that it applies to all NSF award recipients. You can review the TRO here.

In order to comply with the TRO, the NSF Award Cash Management Service (ACM$) system is available for awardees to request payments as of 12:00pm EST, February 2, 2025.”

NSF Implementation of Recent Executive Orders | NSF - National Science Foundation

On May 2, the National Science Foundation announced in a policy notice that for new awards made to Institutions of Higher Education on or after May 5, 2025, a standard F&A rate cap of 15% of modified total direct costs will apply. This policy does not apply to existing awards or award supplements that are amendments to existing awards.

At this time, there will be a delay in communications from NIH due to a mandate from HHS imposing a temporary halt on public communications from federal health agencies, including the CDC, the FDA, and the NIH. These communications extend to issuance of documents, guidance or notices, as they must receive approval from a political appointee before being released. This freeze will remain in effect until February 1, 2025, with exceptions made only for critical health and safety information.

Update: Judges have granted Temporary Restraining Orders for all three lawsuits challenging the notice, which collectively pause the implementation of the policy in all 50 states at least until scheduled hearings on February 21^st.

On Friday, February 7, the NIH issued a guide notice that it intends to impose a standard indirect cost rate of 15% on all NIH grants. This caps grant-funded facilities and administrative (F&A) rates at 15% of the total of each award and replaces any individually negotiated rates for an institution. The new rate should be applied to all current grants for go forward expenses from February 10, 2025 as well as for all new grants issued.

On Feb. 21, a hearing was held to hear arguments on whether to extend a temporary restraining order on the National Institutes of Health (NIH) notice entitled “Supplemental Guidance to the 2024 NIH Grants Policy Statement: Indirect Costs,” which would cap all indirect costs at a rate of 15%. The judge overseeing the case made no decision but extended the temporary restraining order on the cost cap until a ruling is reached.

On April 21, 2025, NIH issued a new term and condition that applies to all domestic grants, cooperative agreements, and other awards issued on or after the date of the notice. Recipients must certify they do not and will not operate programs promoting DEI, DEIA, or discriminatory equity ideology in violation of federal anti-discrimination laws, nor engage in prohibited boycotts against Israel. Failure to comply may result in award termination and recovery of funds.

• NIH Grants and Funding Information Status: Keep up to date on how NIH grants and funding information is evolving as we align with new agency priorities (e.g., status of communications, funding opportunities, application guidance, and more).
• Upcoming Changes: Get the latest status on in-progress initiatives like our adoption of Biographical Sketch and Current and Pending (Other) Support.
• Recent Changes: Learn about key initiatives implemented in 2024 that culminated in numerous changes to grant application content and review for due dates on or after January 25, 2025 and any adjustments made to those initiatives.

NASA has issued a memo mandating the closure of all Diversity, Equity, Inclusion, and Accessibility (DEIA) initiatives. This directive follows executive orders aimed at ending DEIA programs across federal agencies. The memo requires all NASA contractors and grantees to cease DEIA activities required by their contracts or grants.

Current DOS posture is that they are not able to obligate any new funds in this period due to an Executive Order instituting a 90 Day pause on new foreign assistance funding.

USDA has implemented an immediate suspension of all USDA actions related to grants, including Partnerships for Climate-Smart Commodities grants.

Pursuant to the January 27 OMB memo, the Department will temporarily pause activities related to the obligation or disbursement of financial assistance, to the extent permissible under applicable law. The scope of the OMB M-25-13 memo on financial assistance instruments does not include contracts and the Department has not paused contract awards. Note: The notice from DoD informing the summary above was published prior to the court order pausing the implementation of the January 27 OMB memo freezing federal financial assistance and to the rescission of the memo on January 29. This section will be updated when DoD updates its guidance.

Department of Education Announces Significant Reduction in Force Efforts

On March 11, the U.S. Department of Education (ED) announced they were undertaking a reduction in force (RIF) “impacting nearly 50% of the Department’s workforce.” ED’s RIF announcement references the actions as a part of Secretary McMahon’s “final mission” to overhaul the Department of Education. A widely anticipated Executive Order that will instruct the Secretary of Education to make a plan to significantly reorganize the Department of Education is still expected.

Sources and Additional Information:

• ED’s press release on the reduction of force effort
• Secretary McMahon’s statement on ED’s “final mission”

On April 24, 2025, two federal judges temporarily blocked enforcement of the interpretive guidance of the U.S. Department of Education regarding DEI activities and held that the administration could not withhold funding based on this interpretation as the guidance exceeded its rule making authority.

Cost caps for all FY25 funding opportunities under the following programs have been changed from direct costs to total costs (direct plus indirect costs):

• Amyotrophic Lateral Sclerosis Research Program (ALSRP)
• Breast Cancer Research Program (BCRP)
• Duchenne Muscular Dystrophy Research Program (DMDRP)
• Melanoma Research Program (MRP)
• Peer Reviewed Medical Research Program (PRMRP)
• Prostate Cancer Research Program (PCRP)

Yes, Title VI applies to those who are subject to discrimination or harassment based on their shared ancestry and/or ethnicity.

Oklahoma Senate Bill 942 enacted May 1, 2025, requires institutions of higher education to integrate the following definition of antisemitism: “[a]ntisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.” Additionally, such definition and prohibition include examples of antisemitism.

Moreover, Title VII of the Civil Rights Act prohibits such harassment and discrimination in the employment context. For resources associated with these topics, please visit the White House executive order webpage and U.S. Department of Education press release.

Title IX is a federal law that prohibits sex discrimination in educational programs or activities receiving federal funds. This law ensures equal access to educational and extracurricular activities offered at institutions of higher education. Certain requirements apply for athletics compliance and certain exemptions exist for specific types of fraternities and sororities.

Activities that discriminate based on race, color, national origin, ethnicity, or sex, including those that segregate, stigmatize, stereotype, or assign moral burdens, could constitute violations.

Please note that University policy, along with other applicable state and federal laws, also prohibit discrimination based on political beliefs, religion, age, genetic information, disability, marital status, and veteran status.

Examples of Title VI violations may include assigning tasks based on race or ethnicity, segregating individuals by race, or using race-based stereotypes in programming to such an extent that it creates an objectively and subjectively hostile environment. Examples of Title IX violations may include grading one sex more harshly than others, refusing to hire employees based on sex, and basing promotional decisions based on sexual favors.

Existing legal challenges regarding presidential executive orders and federal agency guidance have raised questions regarding the definitions of terms, e.g., “equity” or “diversity” or “DEI” and other topics such as “unconscious bias,” “cultural sensitivity,” or “inclusive leadership.”

President Trump has issued executive orders impacting diversity, equity, and inclusion programs or initiatives. See Executive Order 14151 Ending Radical and Wasteful Government DEI Programs and Preferences, and Executive Order 14173 Ending Illegal Discrimination and Restoring Merit-Based Opportunity (collectively the “EO”). Federal agencies enforcing these and other executive orders issue guidance documents reflecting how they intend to interpret and enforce these orders.

President Trump’s Executive Orders and the U.S. Department of Education’s Guidance on its interpretation of Title VI.

Federal guidance surrounding terms like “illegal DEI” activities remains fluid and subject to pending litigation; however, federal guidance reflects how federal agencies intend to interpret and enforce these terms.

Federal agencies indicate they will investigate whether the activity, program, event, course, training:

• provides a benefit or detriment based on race, color, national origin, or ethnicity,
• separates based on the above characteristics,
• stigmatizes based on the above characteristics,
• provides different work/assignments based on the above characteristics,
• places blame or moral burdens based on the above characteristics, or
• creates stereotypes.

If so, the federal agency will determine whether such activity/program/event/course/training is discriminatory and/or creates a hostile environment.

No. The University is prohibited by Title VI and Title IX from promoting these types of status-based restricted opportunities.

Certain exceptions may apply under Title IX for sports-related scholarships.

No, such activities/programs must have a broad scope and not be based on race, color, national origin, ethnicity, or sex. Activities and programs may include first generation college students/graduates, veterans, rural students, low-income students, and non-traditional students/graduates and others.

 For example, low-income students may include those qualifying for Pell Grants, Oklahoma’s Promise, and Crimson Promise.

No. Federal guidance indicates that third parties cannot do that which the University may not. However, the University may fund activities and programs that include first generation college students/graduates, veterans, rural students, low-income students, and non-traditional students/graduates and others.

For example, low-income students may include those qualifying for Pell Grants, Oklahoma’s Promise, and Crimson Promise.

Yes, so long as attendance is not restricted to attendees based on their race, color, national origin, ethnicity, or sex and funding is provided through a neutral process.

For example, funding for these activities should be centralized by department and involve a selection committee with specific rubrics, i.e., set forth a specific budget that will be accessible to all who are interested, with an application process containing deadlines and items for consideration, such as impact of the event, significance of the event, whether the event has a restriction on who attends and why, whether the event has been funded in the past and why it should be funded again, how the event furthers the University’s mission, etc..

Yes, if the event or program is related to students’ academic or career success and is designed without regard to race, color, national origin, ethnicity, or sex. For example, the University may sponsor events and programs that focus on promoting a welcoming climate and cultural competency. These events and programs must be completely voluntary. 

Moreover, multicultural events or programs associated with heritage and history days and months, such as Hispanic Heritage Month, Black History Month, Asian American Pacific Islander Month, Women's History Month, Indigenous People's Day, Juneteenth, and Pride Months, are permissible so long as these events or programs are open to everyone who wants to participate and do not show a preference for one classification over another. The emphasis of such events must be on history and culture.

Attendance at such events cannot be mandatory for students or employees unless attendance at such events relates to the content of the academic course for which it is required. However, the content of the event/course may not create a racially (or sexually) hostile environment, which the Department of Education indicates includes making one race feel ashamed of being associated with that race. Moreover, if extra credit is awarded for attendance and the event is unrelated to the academic course, alternative events unrelated to race, color, national origin, ethnicity, or sex must be provided.

If a registered student organization wishes to host a DEI-type event using its own money and not with the assistance of University personnel in University spaces, or support from other University departments, the organization may do so, assuming compliance with other University policies.

Yes. Hiring decisions should not be based on a person’s protected characteristics.

No.

Yes, but responses must remain voluntary.

Officials may ask, but no penalties may be imposed for non-response, and no response should be required to progress through electronic forms.

The University recommends official signature templates without modification. Federal agencies have indicated they will disregard emails or communications containing pronouns or similar modifications. Adherence to standard templates helps ensure consistent compliance with federal communication guidelines and reduces risk of communications being disregarded by federal agencies.

Please consult with your supervisor regarding your department’s template.