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Preventing Research Ownership Transfer to External Competitive Threats (PROTECT) Act of 2026
To prohibit certain foreign governments from acquiring intellectual property rights of research conducted by United States universities, faculty, staff, or students, and for other purposes.
Summary
This bill prohibits U.S. universities, faculty, staff, and students from transferring intellectual property rights in research to governments of specified countries, including Russia, China, Iran, nations engaged in armed conflict with the U.S., nations sponsoring terrorism, and other countries the Secretary of State determines pose national security threats. The prohibition applies to patents, copyrights, trade secrets, and other proprietary information developed at U.S. universities. Universities that violate the prohibition face civil penalties of up to $500,000 per violation for standard violations, or up to $5,000,000 per violation if the research involves critical energy or defense issues that endanger national security. Any funds or other consideration received in exchange for the intellectual property must be seized and forfeited to the U.S. government. The Attorney General, in consultation with the Secretary of State, is responsible for enforcing these penalties.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
1 cosponsor
- Rep. Gill, Brandon [R-TX-26] (R-TX)
Money behind the sponsor
Top reported contributors to Troy E. Nehls’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Troy E. Nehls → · Outside spending →
Actions (2)
- Feb 11, 2026 Referred to the House Committee on Education and Workforce. · house
- Feb 11, 2026 Introduced in House
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE HOUSE OF REPRESENTATIVES
February 11, 2026
Mr. Nehls (for himself and Mr. Gill of Texas) introduced the following bill; which was referred to the Committee on Education and Workforce
A BILL
To prohibit certain foreign governments from acquiring intellectual property rights of research conducted by United States universities, faculty, staff, or students, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Preventing Research Ownership Transfer to External Competitive Threats (PROTECT) Act of 2026”.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered foreign government.—The term “covered foreign government” means the government of any prohibited nation, including any agency, instrumentality, or entity controlled by such government.
(2) Covered research.—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.
(3) Designated foreign terrorist organization.—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).
(4) Intellectual property rights.—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.
(5) Prohibited nation.—The term “prohibited nation” has the meaning given such term in section 4.
(6) United states university.—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.
SEC. 3. PROHIBITION ON ACQUISITION OF INTELLECTUAL PROPERTY RIGHTS.
(a) In General.—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.
(b) Applicability.—The prohibition under subsection (a) shall apply to any transaction entered into on or after the date of the enactment of this Act.
SEC. 4. PROHIBITED NATIONS.
The term “prohibited nation” means—
(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.
SEC. 5. PENALTIES.
(a) Violations Not Endangering National Security.—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.
(b) Violations Endangering National Security.—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.
(c) Seizure of Funds.—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.
(d) Enforcement.—The Attorney General, in consultation with the Secretary of State, shall enforce the penalties under this section.
SEC. 6. DETERMINATIONS BY SECRETARY OF STATE.
(a) In General.—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.
(b) Finality.—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.
SEC. 7. SEVERABILITY.
If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. <all>
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