Preventing Research Ownership Transfer to External Competitive Threats (PROTECT) Act of 2026
Summary
The Preventing Research Ownership Transfer to External Competitive Threats (PROTECT) Act of 2026 aims to prevent certain foreign governments from acquiring intellectual property rights related to research conducted by U.S. universities. It prohibits U.S. universities, faculty, staff, and students from entering into transactions that grant intellectual property rights to 'covered foreign governments'. The Act defines 'prohibited nations' and outlines penalties for violations, including civil penalties and seizure of funds.
Expected Effects
The Act will likely restrict collaborations between U.S. universities and entities controlled by prohibited nations. This could impact research funding and international collaborations. The Secretary of State will have significant authority in determining prohibited nations and assessing national security threats related to violations.
Potential Benefits
- Enhanced National Security: Protects sensitive research and intellectual property from falling into the hands of potential adversaries.
- Protection of Innovation: Ensures that U.S. research benefits the U.S. and its allies, rather than competitors.
- Discourages Undue Foreign Influence: Reduces the risk of foreign governments using access to research to exert influence over U.S. universities.
- Strengthened Research Integrity: Promotes transparency and accountability in research partnerships.
- Protection of Critical Technologies: Safeguards research related to critical energy and defense issues.
Most Benefited Areas:
Potential Disadvantages
- Reduced International Collaboration: May limit opportunities for U.S. researchers to collaborate with international partners, potentially hindering scientific progress.
- Increased Bureaucracy: Could create additional administrative burdens for universities to ensure compliance.
- Potential for Overreach: Broad definitions of 'prohibited nations' and 'covered research' may unintentionally restrict legitimate collaborations.
- Impact on Academic Freedom: Concerns that the Act could infringe on academic freedom by restricting research topics or partnerships.
- Economic Impact: Reduced collaboration could impact research funding and economic opportunities for universities.
Most Disadvantaged Areas:
Constitutional Alignment
The Act's alignment with the Constitution is complex. While it aims to protect national security, a legitimate government interest, it could potentially infringe upon academic freedom, raising First Amendment concerns regarding freedom of speech and inquiry. The broad delegation of authority to the Secretary of State, with limited judicial review, may also raise concerns about due process and separation of powers. The Act's severability clause attempts to mitigate potential constitutional challenges.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).