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Why was the clause included if it's completely redundant? PSF's decision is based on the government's demonstrated track record of what they consider to be "illegal DEI", not what the law actually says. Grant cancellations have been primarily based on a list of banned words (https://www.urban.org/urban-wire/nsf-has-canceled-more-1500-...), and of course nobody involved with any of the thousands of cancelled grants has been charged with breaking a law, because they haven't broken any.

Here's a list of math grants identified by the Senate to be DEI-related because they contained strings like "homo" and "inequality": https://www.reddit.com/r/math/comments/1ioo2x9/database_of_w...

Here's the actual list of NSF cancelled grants: https://www.nsf.gov/updates-on-priorities#termination-list. You can also explore the data at https://grant-witness.us/nsf-data.html. There are 1667 in there, so I'll just highlight a couple and note the "illegal DEI":

- Center for Integrated Quantum Materials

- CAREER: From Equivariant Chromatic Homotopy Theory to Phases of Matter: Voyage to the Edge

- Remote homology detection with evolutionary profile HMMs

- SBIR Phase II: Real-time Community-in-the-Loop Platform for Improved Urban Flood Forecasting and Management

- RCN: Augmenting Intelligence Through Collective Learning

- Mechanisms for the establishment of polarity during whole-body regeneration

- CAREER: Ecological turnover at the dawn of the Great Ordovician Biodiversification Event - quantifying the Cambro-Ordovician transition through the lens of exceptional preservation

When the federal government cancels your grant and claws back money you've already spent because they claim something innocuous is illegal, knowing in your heart that they're wrong is not very helpful.





> Why was the clause included if it's completely redundant?

It's not and I didn't suggest it was. It gives the NSF itself the ability to litigate discrimination by grantees (in order to claw back its funds) instead of only the people discriminated against and the EEOC being able to do that. That's a real effect! But it doesn't impose any new obligations whatsoever on PSF - just changes the recourse mechanism if PSF violates legal obligations they already had.

> When the federal government cancels your grant and claws back money you've already spent because they claim something innocuous is illegal

As far as I know this has not happened in any of the cases you mention and _could_ not happen. Yes, grants have been cancelled for dumb reasons, but nothing has been clawed back. Right? What would the mechanism for clawing back the money without a lawsuit even be?


I don't know if they've attempted to claw back any NSF grants yet, but they have done this with EPA grants. There was no lawsuit, they just ordered banks to freeze the funds and the banks complied: https://www.eenews.net/articles/epa-green-bank-recipients-lo...

Hmm. That'd be pretty nasty to be on the receiving end of (and may well have been an outrageous abuse of executive power), but still, an administrative freeze is temporary and is not in itself a clawback. Even if it was a certainty this would happen to PSF, it would still be worth it for $1.5 million!

It was not temporary. The victims spent substantial amounts of money suing and still lost: https://www.eenews.net/articles/appeals-court-says-epa-can-r.... Technically litigation is ongoing but there is no reason to believe they will succeed.



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