Preventing Research Ownership Transfer to External Competitive Threats (PROTECT) Act of 2026

The term covered foreign government means the government of any prohibited nation, including any agency, instrumentality, or entity controlled by such government.

The term covered research means any research, invention, discovery, or intellectual property developed or conducted, in whole or in part, by a United States university, or by any faculty member, staff member, or student affiliated with such university.

The term designated foreign terrorist organization has the meaning given such term in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

The term intellectual property rights includes patents, copyrights, trademarks, trade secrets, know-how, data rights, and any other form of proprietary information or rights related to covered research.

The term prohibited nation has the meaning given such term in section 4.

The term United States university means any institution of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) or section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), headquartered in the United States.

No United States university, or any faculty member, staff member, or student affiliated with such university, shall enter into any contract, agreement, license, sale, transfer, or other transaction that grants, conveys, or otherwise provides a covered foreign government with any intellectual property rights in covered research.

The prohibition under subsection (a) shall apply to any transaction entered into on or after the date of the enactment of this Act.

(1) the Russian Federation;

(2) the People’s Republic of China;

(3) the Islamic Republic of Iran;

(4) any nation that is engaged in armed conflict with the United States;

(5) any nation that harbors, financially supports, or otherwise cooperates with a designated foreign terrorist organization;

(6) any nation designated as a State Sponsor of Terrorism by the U.S. Department of State; or

(7) any other nation that the Secretary of State determines poses a threat to the national security of the United States.

Any United States university that violates section 3 shall be subject to a civil penalty of not more than $500,000 for each such violation, if the Secretary of State determines that the violation does not endanger the national security of the United States.

Any United States university that violates section 3 with respect to covered research, in general, or covered research related to critical energy or defense issues, which may affect the national security of the United States shall be subject to a civil penalty of not more than $5,000,000 for each such violation.

In the case of any violation under subsection (a) or (b), any funds or other consideration received by the United States university in exchange for the intellectual property rights in the covered research shall be subject to seizure and forfeiture to the United States Government.

The Attorney General, in consultation with the Secretary of State, shall enforce the penalties under this section.

Any determination required under this Act, including determinations regarding prohibited nations under section 4(7), the level of threat to national security under section 5(a) or 5(b), or whether covered research relates to critical energy or defense issues under section 5(b), shall be made by the Secretary of State.

Determinations under subsection (a) shall be final and committed to agency discretion. No such determination, finding, or action under this section shall be subject to judicial review, except to the extent required by the Constitution for colorable claims of violation of constitutional rights.