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University guidance on new U.S. regulations

University guidance on new U.S. regulations

University-approved guidance and recommendations for responding to and managing new U.S. regulations impacting federally funded projects, with a focus on sensitive data access and information requests.

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This article is intended for researchers applying for, or currently in receipt of, funding from a U.S. federal agency. It outlines University-approved guidance and recommendations relating to travel to the United States, the management of sensitive personal data, government related data and appropriate responses to questionnaires or requests for information.

University response to new U.S. research funding regulations & University Working Group

The University has established a U.S. Research Funding Working Group to support and coordinate the University’s response to changes in U.S. Federal research funding prompted by Executive Orders issued by the President of the United States.

The Executive Orders mandate a shift in research priorities for the United States. This has led the Office of Management and Budget (OMB) to issue Circulars, amendments to the U.S. Code of Federal Regulations and changes to the operational rules, policies, and questionnaires to researchers. Alongside changes in research priorities there are new guidelines to support staff transiting through or travelling to the U.S.

While U.S. Federal research funding is important, it remains a small percentage of the total research funding at the University. Nevertheless, significant research programmes have experienced or may face risk depending on how the situation evolves.

Understandably this creates uncertainty and anxiety for staff. As well as connecting with sources of personal support, University staff can seek support from EAP Services, a confidential and independent provider of professional services, including counselling.

The Working Group is sponsored by the Deputy Vice-Chancellor (Research and Innovation) and is jointly Chaired by Te Ara Tautika | Equity Office and Te Puna Tiketike | Research and Innovation Office. The Working Group will publish University responses to Frequently Asked Questions about new U.S. regulations to this page.

If you have a question for the Working Group, please contact international.research@auckland.ac.nz.

Frequently Asked Questions

What is the University’s advice about travelling to the U.S.?

The University has recently issued advice for travellers transiting through or travelling to the U.S. If you are concerned about your travel plans to the U.S. or require further advice, please contact the Risk Office at riskoffice@auckland.ac.nz.

What do I do if I receive a questionnaire or certification request from a U.S. federal agency?

The University is aware that researchers in other universities have received requests from U.S. federal agencies to complete questionnaires and certifications. If you receive any requests from U.S. federal agencies about whether your research involves diversity, equity, inclusion (DEI), or environmental issues, or about our policies on these topics, please forward these requests to the Working Group at international.research@auckland.ac.nz. We will work with you in a way that is consistent across the University.

What is the Department of Justice Final Rule about data access?

The United States Department of Justice issued the Final Rule on Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons (Final Rule) on 27 December 2024. The Final Rule places limitations on which countries, entities and individuals can access the bulk ‘sensitive personal data’ of U.S. persons and U.S. ‘Government-related data’.

If your research group has access to sensitive personal data of U.S. persons or U.S. Government-related data (such as via databanks, biobanks, commercial contracts), then please contact researchrisk@auckland.ac.nz for advice about whether the Final Rule applies to your research.

What do we know about changes to National Institutes of Health (NIH) policy on foreign subawards?

The U.S. National Institutes of Health (NIH) is amending its policy to remove the allowance of foreign subawards. From 1st May 2025, NIH will not approve new, renew, or continue awards that include foreign subawards. The agency is developing a new award structure for foreign researchers, but the final details of this are not yet available.

Existing projects are not expected to be directly affected until the end of their awarded/current sub award period of performance. The University is actively monitoring the policy and will provide updates as more information becomes available. Prospective applicants should consult their primary partner institution for further guidance. For official details, refer to the NIH notice: NIH Policy on Foreign Subawards.

Is it worth considering U.S. organisations for research proposals and collaboration opportunities?

If you already collaborate with a U.S. entity, please first check with your principal investigator and their institution.

While the situation for U.S. research funding remains uncertain, it is worth noting that not all U.S. research funding originates from the federal government. Many funding opportunities remain accessible to international collaborators.

Here is a summary of key non-Federal U.S. research funding entities:

This is a list of the major U.S. Federal research funding agencies that are more likely to be affected by the Executive Orders and associated rules and regulations:

Further support and queries

If you have a question for the Working Group regarding the impact of the recent U.S. regulations, please contact international.research@auckland.ac.nz.