If it has zero weight, why would the grant agreement specifically highlight it? I would guess it's much easier to enforce a particular interpretation of the law via a grant agreement than having to argue it in court.
The "rule against surplusage": Where one reading of a statute would make one or more parts of the statute redundant and another reading would avoid the redundancy, the other reading is preferred.
> Why would the grant agreement specifically highlight it?
I would humbly suggest that it mentions this particular example because the NSF administrator serves under the pleasure of the Executive and they have been tasked to demonstrate that they are following the orders of the Executive branch.
However, the inclusion of this specific example confers no higher priority than any other possible example. It has no weight; it is inoperative.
If it's inoperative then it shouldn't be in the language of the grant. Full stop.
The language itself also overly broad. The stipulation from the grant didn't just cover activities funded by the grant itself. In the very language quoted on the PSF blog, they needed to affirm that as an organization they "do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI." Read that again. The language expressly states that they cannot operate ANY programs that advance or promote DEI during the term of the award. So if a PSF member volunteers with PyLadies, would that count as "advanc[ing] or promot[ing] DEI?"
In the real world, no one would _ever_ sign a contract with this sort of poison pill on it. If something like this was found buried in a contract I was evaluating with my lawyer, we'd immediately redline it as overly broad and overbearing.
You are claiming that if the PSF took the grant and the NSF, or the president, decided the PSF was promoting DEI they would not be able to claw back funds?
OK, I accept that as a possible reason why it might be written there even if it has no weight. But it still seems very likely that it's easier to terminate a grant - and harder for the PSF to argue against that - than to actually prosecute DEI work and prove in court that it's illegal.
eirikbakke|4 months ago
https://en.wikipedia.org/wiki/Statutory_interpretation
dragonwriter|4 months ago
politician|4 months ago
I would humbly suggest that it mentions this particular example because the NSF administrator serves under the pleasure of the Executive and they have been tasked to demonstrate that they are following the orders of the Executive branch.
However, the inclusion of this specific example confers no higher priority than any other possible example. It has no weight; it is inoperative.
counters|4 months ago
The language itself also overly broad. The stipulation from the grant didn't just cover activities funded by the grant itself. In the very language quoted on the PSF blog, they needed to affirm that as an organization they "do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI." Read that again. The language expressly states that they cannot operate ANY programs that advance or promote DEI during the term of the award. So if a PSF member volunteers with PyLadies, would that count as "advanc[ing] or promot[ing] DEI?"
In the real world, no one would _ever_ sign a contract with this sort of poison pill on it. If something like this was found buried in a contract I was evaluating with my lawyer, we'd immediately redline it as overly broad and overbearing.
davorak|4 months ago
You are claiming that if the PSF took the grant and the NSF, or the president, decided the PSF was promoting DEI they would not be able to claw back funds?
takluyver|4 months ago
unknown|4 months ago
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