GW Weekly Federal Update (February 19)

GW Updates

• In a February 6 announcement regarding discontinuing graduate-level professional military education at Harvard, Defense Secretary Pete Hegseth said that “the department and military services would evaluate similar relationships with other “civilian universities,” in order “to determine whether or not they actually deliver cost-effective strategic education for future senior leaders when compared to, say, public universities and our military graduate programs."
  
  According to media reports, DoD has compiled a preliminary list of 35 universities as being “moderate to high risk” of being banned, including GW. It is unclear what criteria DoD used in compiling the list, and GW has not received any communication from DoD about being on the list. The university is honored to support members of the military and veterans through its programs, which includes a robust Office of Military and Veteran Services and our NROTC program. We will provide an update if we receive communication from the DoD.

Recent Federal Actions

Diversity, Equity, and Inclusion

• On February 6, in a lawsuit brought by the National Association of Diversity Officers in Higher Education, the Fourth Circuit Court of Appeals held that certain provisions in Executive Orders 14151 and 14173 were not facially unconstitutional.  Specifically, the lawsuit challenged the termination provision in EO 14151, which directs all federal agencies to “terminate, to the maximum extent allowed by law, all DEI, DEIA, and ‘environmental justice’ offices and positions,” as well as “all ‘equity action plans,’ ‘equity’ actions, initiatives, or programs, ‘equity-related’ grants or contracts,” and the certification provision in EO 14173, which requires agencies to include in every contract or grant award term requiring the recipient to (1) certify compliance with all federal anti-discrimination laws, and (2) “certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.” 
  
  The Fourth Circuit concluded that the plaintiffs were unlikely to succeed on their claim that these provisions as written were unconstitutional, but the court made clear that employers and other affected parties could challenge how these provisions were being applied by federal agencies. GW complies with current law and the decision did not address whether any particular policy or program was lawful or unlawful, so no significant changes are expected as a result of this technical decision.
   
• In the September 26, 2025, edition of the GW Weekly Federal Update, we reported that a lawsuit was brought challenging the TRIO McNair Postbaccalaureate Achievement Program, which serves over 6,000 first-generation, low-income, and underrepresented students annually, and provides research, mentorship, and graduate school preparation. On February 17, 2026, the plaintiffs agreed to drop its lawsuit after the Department of Education promised to repeal the Program’s race-based eligibility criteria through rule making. GW receives TRIO funds for the School of Medicine and Health Sciences' Upward Bound program, which provides year-round academic support, counseling, and enrichment for high school students without regard to race in Wards 5, 6, and 7 in D.C.

Congress

• A partial government shutdown began on February 14 after lawmakers were unable to reach agreement on legislation to fund the Department of Homeland Security through September. The lapse in funding affects agencies within DHS, including the Transportation Security Administration, U.S. Coast Guard, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection, though certain operations are expected to continue under existing funding. GW is monitoring developments related to the shutdown and will continue normal operations, with classes and campus services proceeding as scheduled. The university will continue to provide updates, and community members may consult the U.S. Office of Personnel Management for the latest federal operating status information.
   
• Congress has passed the Disapproval Resolution overturning a D.C. law that “unlinked” the D.C. tax code from certain tax cuts in the One Big Beautiful Bill Act. The measure passed the Senate 49-47 after earlier approval by the House and is expected to be signed into law, requiring D.C. to conform to federal tax changes. This action creates near-term fiscal uncertainty for the District’s budget and tax administration, with potentially major tax season delays and disruption, as the city would need to suspend tax filing temporarily while systems are updated. Over the long term, D.C. could lose roughly $600 million in anticipated revenue over 5 years, creating budget pressure and potentially affecting programs like a local child tax credit and earned-income tax credit expansion. The vote reflects ongoing tensions between congressional Republicans and D.C. officials over home rule and fiscal autonomy.
  
  The vote came as D.C. Council Chairman Phil Mendelson said he believes the congressional review period for the decoupling bill passed by the Council expired at midnight the morning of the vote, raising questions on whether the Senate’s actions can be enforced. D.C. leaders, including Mayor Muriel Bowser, Attorney General Brian Schwalb and Council Chairman Mendelson are evaluating legal options. Implementation and final impacts remain uncertain pending potential litigation.
   
• On February 4, the House Science Committee voted 37 to 0 to advance the NASA Reauthorization Act of 2026 (H.R. 7273) to the full House following a markup session in which more than 40 amendments were adopted. The bipartisan measure would reauthorize NASA for one year and largely reaffirm the agency’s existing programs and policies. Several adopted amendments direct NASA to produce additional reports and analyses, including increased oversight of commercial lunar lander development, spacesuit programs, and end-of-life options for the International Space Station. Other provisions emphasize commercial space activity, including authorizing NASA to procure commercial deep space cargo and crew services and encouraging expanded private sector use of space. A companion NASA authorization bill is under development in the Senate Commerce Committee, though a timeline for Senate consideration has not yet been announced.

Department of Education

• On February 11, the Department of Education released updated Section 117 foreign gift and contract disclosures through its public reporting portal. Section 117 of the Higher Education Act requires colleges and universities receiving federal financial assistance to disclose foreign gifts and contracts valued at $250,000 or more annually. According to ED, institutions reported more than $5.2 billion in foreign gifts and contracts in 2025, with $67.6 billion disclosed cumulatively since 1986. The dashboard allows users to sort data by institution and foreign source, including countries and entities of concern, yet it presents only cumulative totals and does not permit filtering by the date funds were received. This format does not distinguish between historical and current funding relationships or allow users to assess trends over time, and disclosures involving countries or entities of concern are displayed in aggregate without reference to when agreements were initiated or whether they remain active. As congressional oversight and agency review of foreign funding continues, the cumulative presentation of the data may influence discussions without providing full context.
   
• On February 13, ED announced that it is investigating the Louisiana Board of Regents to determine whether it has authorized racially-exclusionary practices in admissions in violation of Title VI. The investigation is based on language in the Board’s “Master Plan for Higher Education” that allegedly requires schools to prioritize admission of “all races other than white [and] Asian,” and setting a “target to raise matriculation and graduation of all races other than white, Asian from a baseline of 14,579 in 2020-21 to 16,000 in Academic Year 2025-26.”

Financial Aid

• On February 12, the Congressional Budget Office released updated projections indicating that the federal Pell Grant program is expected to experience a $5.5 billion funding gap by the end of fiscal year 2026 that will increase to $11.5 billion in fiscal year 2027 if no additional funding or policy adjustments are enacted. Over the next decade, the cumulative gap could reach up to $132 billion if appropriations do not keep pace with projected costs. The updated estimates reflect continued growth in program participation, with recipients increasing from 6.4 million students in academic year 2020-21 to approximately 7.6 million in the current academic year, and discretionary costs rising from $26.5 billion to about $34 billion. Expanded eligibility under the 2020 FAFSA Simplification Act, which took effect in spring 2024 and made an estimated 1.5 million additional students eligible for the maximum award, has contributed to increased participation, and eligibility will broaden further on July 1 to include certain short-term workforce training programs. Awards for the 2025-26 academic year have already been established, and Congress will consider the program’s funding levels as part of the fiscal year 2027 appropriations process ahead of the September 30 deadline.

Department of Defense 

• On February 5, the Government Accountability Office (GAO) released a report evaluating the DoD’s management of its science and technology investments. The report found that although the Office of the Under Secretary of Defense for Research and Engineering has developed a department-wide science and technology strategy, the military departments’ strategies are not consistently aligned with that framework. GAO recommended that DoD direct each military department to align its science and technology strategy with the DoD-wide strategy, issue formal guidance for the development of Critical Technology Area roadmaps, and provide direction on the level of investment needed in each critical technology area to support alignment. GAO also recommended that Congress provide the Under Secretary with budget certification authority for research, development, test, and evaluation activities to strengthen oversight of technology investments. In related developments, DoD recently named leaders for its six Critical Technology Areas, who will oversee focused efforts to accelerate capability delivery in areas including artificial intelligence, biomanufacturing, contested logistics technologies, quantum and battlefield information dominance, scaled hypersonics, and scaled directed energy.

Office of Personnel Management

• On February 6, the Office of Personnel Management (OPM) issued a final rule authorizing federal agencies to reclassify certain career positions with policy influencing responsibilities into a new category known as Schedule Policy/Career. The rule permits agencies to designate these roles as at-will positions, meaning employees in those roles would not have access to the same adverse action procedures and external appeals processes traditionally available to career civil servants. OPM stated that the change is intended to enhance accountability and ensure responsiveness to presidential directives, while also emphasizing that political patronage and discrimination remain explicitly prohibited. According to reporting by The New York Times, the policy could apply to up to 50,000 federal employees, although the specific positions eligible for reclassification have not been publicly identified and determinations will be made by the administration. The final rule follows a public comment period that generated significant feedback and is scheduled to take effect on March 9. Legal challenges have been filed, and several cases remain pending.

National Endowment for the Humanities

• On February 4, President Trump formally nominated Michael McDonald to serve a four-year term as Chair of the National Endowment for the Humanities, a position that requires Senate confirmation. McDonald has been serving as Acting Chair since March of last year following the departure of former Director Shelly Lowe and previously served as the agency’s General Counsel. McDonald is a 1982 graduate of GW Law.

Other Institutions of Higher Education 

Harvard University: 

• In the same announcement in the GW Updates mentioned above, Secretary Hegseth announced that the DoD would discontinue graduate-level professional military education, fellowships and certificate programs at Harvard University, stating: "For too long, this department has sent our best and brightest officers to Harvard, hoping the university would better understand and appreciate our warrior class. Instead, too many of our officers came back looking too much like Harvard — heads full of globalist and radical ideologies that do not improve our fighting ranks."
   
• On February 13, the Justice Department filed a lawsuit against Harvard for failing to provide certain admissions data related to any consideration of race in admissions DOJ requested as part of its compliance review of Harvard’s post-Students for Fair Admissions (SFFA) admissions practices, alleging that Harvard was required to provide the requested data as a requirement to receive federal financial assistance, even without a subpoena. In response, Harvard contends that it “has been responding to the government’s inquiries in good faith and continues to be willing to engage with the government according to the process required by law. The university will continue to defend itself against these retaliatory actions which have been initiated simply because Harvard refused to surrender its independence or relinquish its constitutional rights in response to unlawful government overreach.” 

Resources and Reminders

About this Newsletter

GW publishes this weekly Federal Update to inform students, faculty and staff about how developments in the federal government affect higher education generally and the University. This newsletter includes timely information, answers to questions from GW community members, and resources for support.