National Laboratory Foreign Access Risk Screening Act

This Act requires the Secretary of Energy to establish a risk-based access control system for all foreign nationals seeking to enter, work at, or receive classified or controlled unclassified information from any National Laboratory operated under the Department of Energy. The system shall replace any blanket exclusion of foreign nationals by nationality or country of origin, and instead require individualized security risk assessments for each applicant. Each National Laboratory shall submit a letter of intent for every foreign national applicant to the Department of Energy's Office of Intelligence and Counterintelligence. Within 30 days, the Office shall conduct a threat assessment based on the applicant's field of study, institutional affiliation, funding sources, travel history, and any known links to foreign state programs. The assessment shall classify each applicant as low, medium, or high risk. Applicants classified as low risk shall be granted access under standard laboratory rules. Medium-risk applicants may be granted access under additional supervision and with limitations on access to sensitive areas. High-risk applicants shall be denied access unless the laboratory obtains a written waiver from the Secretary of Energy, which may be issued only if the applicant demonstrates a clear scientific benefit that outweighs the security risk, and only after the applicant passes an enhanced background investigation including in-person interview and verification of credentials. To ensure due process, any applicant denied access may file a written appeal with an independent administrative law judge within 60 days of the denial. The appeal shall consider all records relevant to the risk assessment, and the Government shall bear the burden of proving by substantial evidence that the denial is warranted. Decisions on appeal shall be issued within 90 days and are subject to judicial review in federal court under the Administrative Procedure Act. The Secretary of Energy shall report annually to Congress on the number of applications, approvals, denials, waivers, and appeals, disaggregated by country of origin and risk level, without identifying individuals. This report shall be provided to the House Committee on Science, Space, and Technology and the Senate Committee on Energy and Natural Resources.