The GATE Act of 2025 would broaden a policy to bar certain foreign nationals from access to National Laboratories. Specifically, it prohibits National Laboratories from admitting or granting access to “covered foreign nationals”—defined as individuals from China, Russia, Iran, North Korea, or Cuba—whether as visitors or assignees, effective on enactment. The act creates a potential exception via a waiver: the Secretary of Energy, in consultation with a senior counterintelligence official and the FBI’s leadership, can certify that benefits to the United States outweigh security and economic risks and issue a written waiver allowing a specific foreign national to access a National Laboratory. If a waiver is granted, the Secretary of Energy must notify Congress within 30 days, detailing the national origin, request and decision dates, and the reasons for the waiver. The National Laboratories are those defined by the Energy Policy Act of 2005. In short, the bill imposes a strong preference for restricting access by certain foreign nationals to U.S. national labs, with a tightly controlled, case-by-case waiver process subject to congressional notification and counterintelligence oversight.
Key Points
- 1Prohibition on admissions and access: Beginning on enactment, National Laboratories may not admit any visitor or assignee who is a covered foreign national, and must deny access to those who have already sought or obtained approval, unless a waiver is issued under the bill.
- 2Definition of covered foreign nationals: Individuals from China, Russia, Iran, North Korea, and Cuba. The ban does not apply to a foreign national who is a lawful permanent resident or a U.S. citizen.
- 3Waiver mechanism: The Secretary of Energy may issue a written waiver if, after consultation with a senior counterintelligence official and the FBI leadership, the benefits to the United States outweigh the national security and economic risks. The waiver must be in writing and targeted to the specific foreign national.
- 4Congressional notification requirement: Within 30 days after a waiver is issued, the Secretary of Energy must brief or notify the specified Senate and House committees with details including the country of origin, dates of request and waiver decision, and the specific reasons for granting the waiver.
- 5Scope and governance: The prohibition applies to National Laboratories as defined in the Energy Policy Act of 2005. The language frames access control for visitors and assignees and integrates a counterintelligence review process for any potential waivers.