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Dr. David Miller 🏳️‍🌈
Dr. David Miller 🏳️‍🌈

🧪 Tip: You have the right to contest a grant termination, even though NSF says you don't. 🧵 On Friday, NSF terminated 402 grants (per Musk's DOGE). The notification letters had one of the most egregious violations of fed regulations I've seen so far in these cases: "not subject to appeal"

Megan Zahneis
Megan Zahneis04/18/25

Here's a copy of an NSF grant termination notice that went out today. "NSF is issuing this termination to protect the interests of the government pursuant...on the basis that they no longer effectuate the program goals or agency priorities." Not subject to appeal. #HigherEd #AcademicSky

2/8 Those four words blatantly violate fed regulation 2 CFR 200.342, which requires agencies... "must provide the recipient with an opportunity to object and provide information challenging the action" NSF has maintained such written appeal procedures but... ecfr.gov

3/8 Friday's terminations fly in the face of NSF's own policies. Normally, termination is very LAST option. And even then, NSF policies say to give grantees 30 days to contest: nsf.gov ➡️ ➡️ Do this now: Send this guide to your research admin office: aaup.org

4/8 So, even though I was expecting NSF grant terminations for a while... "not subject to appeal" is still shocking. Not even other agencies went that far. Examples: NIH: bsky.app Dept of Ed: imgur.com EPA: d2f1dfnoetc03v.cloudfront.net

5/8 A legal expert working on a related ongoing lawsuit told me this about the NSF update... "my recommendation would be that grantees should follow the appeals process (even though it won’t likely be responded to, if anyone pursues litigation, it shows that they took final agency action)." 6/8 The expert also said, "[the terminations] must be subject to appeal" and "I agree it seems like [NSF] are not following the legal procedures". Multiple NSF-specific experts, including a former program officer, also told me they agree it's a blatant violation that should be appealed.

a woman wearing glasses is sitting at a table in a courtroom with the word objection written on it .

7/8 There are two main routes for appeal: 1. ADMINISTRATIVE APPEAL: It's as simple as submitting a letter within 30 days (by May 18). See page 8 here: aaup.org 2. JOIN A LAWSUIT: Time-intensive, but there's likely a menu of options for lawsuits almost surely on their way.

https://www.aaup.org/sites/default/files/Action_Report_6_Guide_for_NSF_Grant_Terminations.pdf

www.aaup.org

8/8 Here's my take: Who controls science funding is at stake. DOGE and agency heads need to know that: 1. We as a scientist community know what the rules are. 2. You are blatantly violating them. 3. We will not stand for that. So: appeal away!! Your NSF program officer would likely welcome it.

a penguin wearing a hat and boxing gloves

@unroll.skywriter.blue

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Text of email: Dear [redacted], The U.S. National Science Foundation (NSF) has undertaken a review of its award portfolio. Each award was carefully and individually reviewed, and the agency has determined that termination of certain awards is necessary because they are not in alignment with current NSF priorities. Effective immediately, the following are terminated: [redacted] NSF is issuing this termination to protect the interests of the government pursuant to NSF Grant General Conditions (GC-1) term and condition entitled Termination and Enforcement; on the basis that they no longer effectuate the program goals or agency priorities. This is the final agency decision and not subject to appeal. Costs incurred as a result of this termination may be reimbursed, provided such costs would otherwise be allowable under the terms of the award and the governing cost principles. In accordance with your award terms and conditions, you have 30 days from the termination date to furnish a summary of progress under the award and an itemized accounting of allowable costs incurred prior to the termination date. Sincerely, [redacted] Division Director Office of Budget Finance and Award Management (BFA) Division of Grants and Agreements (DGA)
§ 200.342 Opportunities to object, hearings, and appeals. The Federal agency must maintain written procedures for processing objections, hearings, and appeals. Upon initiating a remedy for noncompliance (for example, disallowed costs, a corrective action plan, or termination), the Federal agency must provide the recipient with an opportunity to object and provide information challenging the action. The Federal agency or pass-through entity must comply with any requirements for hearings, appeals, or other administrative proceedings to which the recipient or subrecipient is entitled under any statute or regulation applicable to the action involved.
b. Procedures for Suspension or Termination by NSF (i) When it is believed that a recipient has failed to comply with one or more of the terms and conditions of an award, the NSF Grants and Agreements Officer will normally advise the recipient in writing of the nature of the problem and that failure to correct the deficiency may result in suspension or termination of the award. The recipient will be requested to respond in writing within 30 calendar days of the date of such letter, describing the action taken or the plan designed to correct the deficiency. Copies of such correspondence will be furnished to the PI and to the cognizant NSF Program Officer. NSF, however, may immediately suspend or terminate an award without notice when it believes such action is reasonable to protect the interests of the government.
NIH appeals example
Dept of Ed appeals example
EPA appeals example

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