GATE Act of 2026
- Sponsor
- Rep. Harrigan, Pat [R-NC-10]
- Committees
- Science, Space, and Technology Committee (primary)
- Last action
- Aug 13, 2026
Bottom line
The bill aims to enhance national security by restricting access for individuals from designated adversarial nations to sensitive U.S. National Laboratory facilities and research, with a limited waiver mechanism.
What it actually does
This bill prohibits U.S. National Laboratories from admitting any foreign national from the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Republic of Cuba as a visitor or long-term assignee. It includes a waiver provision allowing the Secretary of Energy, in consultation with counterintelligence officials, to grant exceptions if national security benefits outweigh risks, with mandatory congressional notification for each waiver.
Proponents argue
Supporters would argue this bill is crucial for safeguarding American technological advancements and intellectual property from foreign exploitation and espionage, particularly from countries identified as national security risks. They would emphasize the importance of protecting sensitive research and development conducted at National Laboratories to maintain U.S. economic and military advantage.
Opponents contend
Opponents might contend that such broad prohibitions could hinder scientific collaboration, limit access to global talent, and potentially disadvantage U.S. research by excluding highly skilled individuals who pose no actual threat. They might also raise concerns about potential discrimination or the practical challenges of implementing such a blanket ban, arguing it could lead to a 'brain drain' from the U.S.
The bill is very concise and can be read and understood quickly, allowing ample time for evaluation of its core provisions and implications.
Section 2(b)(1)
General Prohibition on Access for Covered Foreign Nationals
This provision establishes a direct ban, preventing National Laboratories from allowing any 'covered foreign national' to be admitted as a visitor (short-term access) or an assignee (long-term access exceeding 30 days). It also requires existing approvals for such individuals to be revoked, ensuring immediate implementation of the new restrictions upon enactment.
Supporters argue
Supporters argue this is a necessary step to prevent espionage and technology transfer to adversarial nations, directly protecting critical U.S. research and national security interests from foreign exploitation.
Critics contend
Critics might contend that this blanket ban is overly broad and could exclude valuable scientific talent, potentially harming U.S. research competitiveness and international collaboration without sufficient evidence of individual risk.
Tradeoffs
The bill balances national security concerns against the potential benefits of international scientific collaboration and access to a global talent pool, prioritizing security through a broad prohibition.
Section 2(b)(2)
Secretary of Energy Waiver Authority
This provision allows the Secretary of Energy to waive the general prohibition for a specific covered foreign national. This waiver can only be granted if the Secretary, after consulting with the Department of Energy's intelligence office and a senior FBI counterintelligence official, certifies that the benefits to the U.S. of admitting or granting access to that individual outweigh the national security and economic risks. The waiver must be issued in writing.
Section 2(b)(3)
Congressional Oversight of Waivers
This provision mandates that the Secretary of Energy must notify several specific congressional committees within 30 days of issuing any waiver. The notification must detail the covered foreign national's country of origin, the dates of the request and decision, and the specific reasons for granting the waiver, ensuring transparency and legislative oversight of executive decisions.