Codification of Department of Defense Research Security Program

(a) In general Chapter 305 of title 10, United States Code is amended by adding at the end the following new section: 4146. Department of Defense Research Security Program (a) Program established The Secretary of Defense shall, in consultation with such other government organizations as the Secretary considers appropriate, establish a program to work with institutions of higher education that perform fundamental basic research activities— (1) to support protection of intellectual property, controlled information, key personnel, and information about critical technologies relevant to national security; (2) to limit undue influence, including through foreign talent programs, by countries to exploit United States technology within the Department of Defense research, science and technology, and innovation enterprise; (3) to support efforts toward development of domestic talent in relevant scientific and engineering fields; and (4) to prepare United States students studying abroad through the National Security Education Program of the Department or other similar undergraduate or post-graduate programs to recognize and protect themselves against recruitment or exploitation efforts by agents of a foreign power (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)). (b) Institutions and organizations (1) In general The program required by subsection (a) shall be developed and executed to the maximum extent practicable with institutions of higher education and other educational and research organizations conducting fundamental basic research for the Department of Defense, and aligned to the maximum extent practicable with similar efforts across the Federal Government. (2) Record of excellence In selecting institutions of higher education under this subsection, the Secretary shall prioritize selection of institutions of higher education that the Secretary determines demonstrate a record of excellence in industrial security in academia and in research and development. (c) Requirements The program required by subsection (a) shall include development of the following: (1) Information exchange fora and information repositories to enable awareness of security threats and influence operations being executed against the United States research, technology, and innovation enterprise, including support coordinating relevant elements of the Department of Defense and the rest of the Federal Government. (2) Training and other support for institutions of higher education to promote security and limit undue influence on institutions and personnel, including financial support for execution for such activities. (3) The capacity of government and academic institutions and institutions of higher education to assess whether individuals affiliated with Department of Defense programs have participated in or are currently participating in foreign talent programs or expert recruitment programs, or are otherwise being targeted for exploitation by an agent of a foreign power. (4) Opportunities to collaborate with defense researchers and research organizations in secure facilities to promote protection of critical information and strengthen defense against agents of foreign powers. (5) Regulations and procedures— (A) for government and academic organizations and personnel to support the goals of the program; and (B) that are consistent with policies that protect open and scientific exchange in fundamental research and coordinated to the maximum extent practicable with similar efforts across the Federal Government. (6) Policies to limit or prohibit funding provided by the Department of Defense for institutions of higher education or individual researchers who knowingly violate regulations developed under the program, including regulations relating to foreign talent programs. (7) Policies to limit or prohibit funding provided by the Department of Defense for institutions of higher education or individual researchers who knowingly conduct joint research activities or projects, co-author scholarly publications, technical reports, or research outputs, contract, or make other financial arrangements with entities or individuals employed by such entities in the list described in paragraph (9), which policies shall include— (A) use of such list as part of a risk assessment decision matrix during proposal evaluations, including the development of a question for proposers or broad area announcements that require proposers to disclose any joint research activities or projects, co-authored scholarly publications, technical reports, research outputs, or contractual or financial connections with such entities or individuals employed by such entities; (B) a requirement that the Department shall notify a proposer of suspected noncompliance with a policy issued under this paragraph and provide not less than 30 days to take actions to remedy such noncompliance; (C) the establishment of an appeals procedure under which a proposer may appeal a negative decision on a proposal if the decision is based on a determination informed by such list; (D) a requirement that each awardee of funding provided by the Department shall disclose to the Department any joint research activities or projects, co-authored scholarly publications, technical reports, research outputs, contract, or financial arrangement made with such an entity or individual employed by such entity during the period of the award; and (E) a requirement that each awardee of funding provided by the Department shall provide to the Department an annual certification of compliance with policies promulgated pursuant to this paragraph. (8) Initiatives to support the transition of the results of academic institution research programs into defense capabilities. (9) (A) A list of entities of the People’s Republic of China, the Russian Federation, and other countries that— (i) have a history of improper technology transfer, intellectual property theft, or cyber or human espionage; (ii) operate under the direction of the armed forces or intelligence agency of the applicable country; (iii) are known— (I) to recruit foreign individuals for the purpose of transferring knowledge to advance military or intelligence efforts of a foreign government; or (II) to provide misleading information or otherwise attempt to conceal the connections of an individual or institution to a defense or an intelligence agency of the applicable country; (iv) pose a serious risk of improper technology transfer of data, technology, or research that is not published or publicly available; or (v) are on any of the following lists: (I) Any of the following lists maintained by the Bureau of Industry and Security of th Department of Commerce: (aa) The Entity List set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations. (bb) The Universal List set forth in Supplement No. 6 of part 744 of that title. (cc) The Military-End User List set forth in Supplement No. 7 to part 744 of that title. (dd) The Denied Persons List maintained pursuant to section 764.3(a)(2) of that title. (II) The list of specially designed nationals and blocked persons maintained by the Office of Foreign Asserts Control of the Department of the Treasury (commonly referred to as the SDN list). (III) The list of Chinese military companies operating in the United States required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note). (IV) The lists of debarred parties maintained by the Directorate of Defense Trade Controls of the Department of State pursuant to section 38(g)(4)of the Arms Export Control Act (22 U.S.C. 2778(g))(4). (V) The list of telecommunications companies of the People’s Republic of China described in section 889(f)(3) of the John S. McCain National Defense Authorizations Act of 2019 (Public Law 115–232; 41 U.S.C. 3901 note prec.). (VI) The list of semiconductor companies of the People’s Republic of China described in section 5949(i)(3) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 41 U.S.C. 4713 note). (VII) The list of biotechnology companies of concern maintained under section 851(f) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 41 U.S.C. 3901 note prec.). (VIII) The list of entities that produce or provide communications equipment or service on the list published by the Federal Communications Commission under section 2(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(a)). (IX) A list maintained under clause (i), (ii), (iv), or (v) of section 2(d)(2)(B) of the Act entitled An Act to ensure that the goods made with forced labor in Xinjiang Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes (Public Law 117–18; 22 U.S.C. 6901 note), approved December 23, 2021 (commonly referred to as the Uyghur Forced Labor Prevention Act). (B) The list described in subparagraph (A) shall be developed and continuously updated in consultation with the Bureau of Industry and Security of the Department of Commerce, the Director of National Intelligence, United States institutions of higher education that conduct significant Department of Defense research or engineering activities, and other appropriate individuals and organizations. (10) (A) A list, developed and continuously updated in consultation with the National Academies of Science, Engineering, and Medicine and such Government agencies as the Secretary considers appropriate, of foreign talent programs that the Secretary determines pose a threat to the national security interests of the United States. (B) In developing and updating such list, the Secretary shall consider— (i) the extent to which a foreign talent program or an agent of a foreign power— (I) poses a threat to research funded by the Department of Defense; and (II) engages in, or facilitates, cyber attacks, theft, espionage, attempts to gain ownership of or influence over companies, or otherwise interferes in the affairs of the United States; and (ii) any other factor the Secretary considers appropriate. (11) Development of measures of effectiveness and performance to assess and track progress of the Department of Defense across the program, which measures shall include— (A) the evaluation of currently available data to support the assessment of such measures, including the identification of areas in which gaps exist that may require collection of completely new data, or modifications to existing data sets; (B) current means and methods for the collection of data in an automated manner, including the identification of areas in which gaps exist that may require new means for data collection or visualization of such data; and (C) the development of an analysis and assessment methodology framework to make tradeoffs between the measures developed under this paragraph and other metrics related to assessing undue foreign influence on the Department of Defense research enterprise, such as commercial due diligence, beneficial ownership, and foreign ownership, control, and influence. (d) Annual reviews required Not later than March 30, 2025, and each March 30 thereafter until December 31, 2040— (1) each head of a Department of Defense component that awards grants for research shall carry out a review of a representative sample of the research grants awarded by the respective component in the previous fiscal year to ensure that the component is awarding grants in compliance with the applicable policies of the Department; and (2) the Under Secretary of Defense for Research and Engineering shall carry out a separate review of a representative sample of the research grants awarded by such components in the previous fiscal year. (e) Procedures for enhanced information sharing (1) Collection of information (A) Not later than October 1, 2020, for the purpose of maintaining appropriate security controls over research activities, technical information, and intellectual property, the Secretary shall, in conjunction with such public and private entities as the Secretary considers appropriate, establish streamlined procedures to collect appropriate information relating to individuals, including United States citizens and foreign nationals, who participate in defense research and development activities. (B) With respect to fundamental research programs, the academic liaison designated under subsection (h) shall establish policies and procedures to collect, consistent with the best practices of Government agencies that fund academic research, appropriate information relating to individuals who participate in fundamental research programs. (2) Protection from release The procedures required by paragraph (1) shall include procedures to protect such information from release, consistent with applicable regulations. (3) Reporting to government information systems and repositories The procedures required by paragraph (1) may include procedures developed, in coordination with such public and private entities as the Secretary considers appropriate, to report such information to existing Government information systems and repositories. (f) Periodic reports (1) In general Not later than March 30, 2027, and not later than March 30 of each year thereafter until December 31, 2040, the Secretary shall submit to the congressional defense committees a report on the activities carried out under the program required by subsection (a), the periodic reviews conducted pursuant to subsection (d), and the waivers issued under section 4147 of this title. (2) Contents Each report submitted pursuant to paragraph (1) shall include the following: (A) A description of the activities conducted and the progress made under the program. (B) With respect to the periodic reviews conducted pursuant to subsection (d), the following: (i) The total number of research grants awarded by the Department in the fiscal year covered by the reviews. (ii) The number of reviews carried out pursuant to subsection (d)(1). (iii) The number of reviews carried out pursuant to subsection (d)(2). (iv) A description of the processes by which the heads of the components described in paragraph (1) of subsection (d) and the Under Secretary of Defense for Research and Engineering conducted the reviews under such subsection. (v) An assessment of issues identified during the reviews carried out under subsection (d), including a list of grants that were identified as having not been awarded in compliance with applicable policies of the Department of Defense. (C) The findings of the Secretary with respect to the program. (D) Such recommendations as the Secretary may have for legislative or administrative action relating to the matters described in subsection (a), including actions relating to foreign talent programs. (E) Identification and discussion of the gaps in legal authorities that need to be improve to enhance the security of research institutions of higher education performing defense research. (F) A description of the actions taken by such institutions to comply with such best practices and guidelines as may be established by under the program. (G) A description of the status of the measures of effectiveness and performance described in subsection (c)(11) for the period covered by such report, including an analytical assessment of the impact of such measures on the goals of the program. (H) With respect to waivers described in paragraph (1), the following: (i) The terms and contents of any waivers issued under section 4147 of this title in the period covered by the report; (ii) any trends in— (I) the number of waivers issued under such section over time; and (II) the types of contracts to which such waivers pertain; and (iii) the processes used by the Secretary to verify that covered institutions (as defined in such section) are in compliance with the requirements of such section. (3) Form The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (g) Publication of updated lists (1) Submittal to Congress Not later than January 1, 2021, and annually thereafter until December 31, 2032, the Secretary shall submit to the congressional defense committees the most recently updated lists described in paragraphs (9) and (10) of subsection (c). (2) Form Each list submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (3) Public availability Each list submitted under paragraph (1) shall be published on a publicly accessible website of the Department of Defense in a searchable format. (4) Intervening submittal and publication The Secretary may submit and publish an updated list described in paragraph (1) more frequently than required by that paragraph, as the Secretary considers necessary. (h) Designation of academic liaison (1) In general The Secretary shall, acting through the Under Secretary of Defense for Research and Engineering, designate an academic liaison with principal responsibility for working with the academic and research communities to protect Department-sponsored academic research of concern from undue foreign influence and threats. (2) Qualification The Secretary shall designate an individual under paragraph (1) who is an official of the Office of the Under Secretary of Defense for Research and Engineering with experience— (A) working in security, counterintelligence, or academic research environments; and (B) with complex managerial tasks. (3) Duties The duties of the academic liaison designated under paragraph (1) shall be as follows: (A) To serve as the liaison of the Department with the academic and research communities. (B) To execute initiatives of the Department relating to the protection of Department-sponsored academic research of concern from undue foreign influence and threats, including the program required by subsection (a). (C) To conduct outreach and education activities for the academic and research communities on undue foreign influence and threats to Department-sponsored academic research of concern. (D) To coordinate and align academic security policies with Department component agencies, the Office of Science and Technology Policy, the intelligence community, and such Federal agencies as the Secretary considers appropriate. (E) To the extent practicable, to coordinate with the intelligence community to share, not less frequently than annually, with the academic and research communities unclassified information, including counterintelligence information, on threats from undue foreign influence. (F) Any other related responsibility, as determined by the Secretary in consultation with the Under Secretary of Defense for Research and Engineering. (i) Designation of chief research security officers (1) In general Each institution of higher education that receives Department of Defense funding and more than $50,000,000 in total Federal research funding annually shall designate at least one senior official to serve as the institution’s Chief Research Security Officer. (2) Qualifications and duties Each Chief Research Security Officer designated under (h) shall— (A) be a Vice President for Research, Chief Research Officer, or another designated senior official at the institution with responsibility for research administration, compliance, or institutional security, as determined appropriate by the institution; and (B) serve as the principal institutional officer and primary point of contact with the Department of Defense, and other appropriate Federal authorities on matters relating to research security associated with Department of Defense–funded research, including undue foreign influence, cybersecurity pertaining to such research, insider risk, and related threats. (3) Eligibility for department of defense security clearances and training (A) The Chief Research Security Officer shall be eligible for sponsorship for an appropriate personnel security clearance for purposes of Department of Defense–funded research security, as determined by the Secretary of Defense. (B) The Secretary of Defense, acting through the appropriate Department of Defense security and counterintelligence authorities, and in coordination with other appropriate Federal intelligence agencies, shall establish processes— (i) to facilitate the sponsorship, adjudication, and issuance of appropriate personnel security clearances for Chief Research Security Officers, including through Department of Defense security clearance processes; (ii) to provide threat-related training, briefings, and information, including classified briefings as appropriate, related to risks to Department of Defense-funded research; and (iii) to ensure that information shared is relevant, timely, and provided solely for defensive, awareness, and protective purposes. (4) Scope and limitations (A) Information shared pursuant to this section shall be limited to information necessary to protect Department of Defense–funded research and associated research activities. (B) Nothing in this section shall be construed— (i) to require institutions of higher education to conduct classified research; (ii) to reclassify or otherwise restrict fundamental research; (iii) to impose new export control, classification, or security requirements on research that is otherwise unrestricted under applicable law or policy; or (iv) to infringe upon academic freedom, freedom of expression, or other lawful academic activities. (5) Alignment with existing department of defense research security requirements The requirements of this section shall be implemented consistent with Department of Defense research security policies and programs, including National Security Presidential Memorandum–33 (relating to supported research and development national policy), issued January 2021, applicable Department of Defense directives and instructions, and guidance issued by the Office of Science and Technology Policy, as relevant to Department of Defense-funded research. (j) Definitions In this section: (1) The term agent of a foreign power has the meaning given such term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). (2) The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). 4147. Prohibition on contracts between certain foreign entities and institutions of higher education conducting Department of Defense-funded research (a) Prohibition Beginning on January 1, 2028, a covered institution may not enter into a contract with a covered nation or a foreign entity of concern. (b) Waivers (1) Authority Subject to the provisions of this subsection and subsection (c), the Secretary of Defense may, pursuant to a request submitted under paragraph (2) of this subsection, issue a waiver of the prohibition set forth in subsection (a). (2) Submission (A) (i) A covered institution that desires to enter into a contract with a foreign entity of concern or a covered nation may submit to the Secretary of Defense, not later than 120 days before the institution enters into such a contract, a request to waive the prohibition set forth in subsection (a) with respect to such contract. (ii) A waiver request submitted by a covered institution under clause (i) shall include— (I) the complete and unredacted text of the proposed contract for which the waiver is being requested, and if such original contract is not in English, a translated copy of the text into English (in a manner that complies with subsection (e)); and (II) a statement that— (aa) is signed by the President or compliance officer of the institution designated in accordance with subsection (f); and (bb) includes information that demonstrates that such contract is for the benefit of the institution’s mission and students and will promote the security, stability, and economic vitality of the United States. (B) (i) A covered institution that has entered into a contract pursuant to a waiver issued under this section, the term of which is longer than the 1-year waiver period and the terms and conditions of which remain the same as the proposed contract submitted as part of the request for such waiver, may submit, not later than 120 days before the expiration of such waiver period, a request for a renewal of such waiver for the remainder of the contract term, but not to exceed a 4-year period (which shall include any information requested by the Secretary). (ii) If a covered institution fails to submit a request under clause (i) or is not granted a renewal under such clause, such institution shall terminate such contract on the last day of the original 1-year waiver period. (3) Waiver issuance The Secretary of Defense— (A) not later than 60 days before a covered institution enters into a contract pursuant to a waiver request under paragraph (2)(A), or before a contract described in paragraph (2)(B)(i) is renewed pursuant to a renewal request under such paragraph, shall notify the covered institution— (i) if the waiver or renewal will be issued by the Secretary; and (ii) in a case in which the waiver or renewal will be issued, the date on which the 1-year waiver period starts; (B) may only issue a waiver under this subsection to a covered institution if the Secretary of Defense determines that the contract for which the waiver is being requested will both— (i) benefit the institution’s mission and students; and (ii) promote the security, stability, and economic vitality of the United States; and (C) shall, when making the determination described in subparagraph (B)(ii), base such determination on the following factors: (i) The reasons for which the foreign entity of concern or covered nation has been so designated, and why those reasons do not apply to the contract for which waiver is being sought. (ii) The foreign entity of concern or covered nation’s history of involvement with covered institutions. (iii) The degree to which such a contract could provide access to information or technology which could materially benefit the national security of a covered nation or harm the national security of the United States. (4) Notification to Congress Not later than 15 calendar days prior to issuing a waiver under this subsection, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives written notice of the intent of the Secretary to issue such waiver together with a justification for such waiver. (5) Application of waivers A waiver issued under this subsection to a covered institution with respect to a contract shall only— (A) waive the prohibition under subsection (a) for a 1-year period, or for the remainder of the term of the contract, but not to exceed 4 years; and (B) apply to the terms and conditions of the proposed contract submitted as part of the request for such waiver. (c) Contracts prior to date of enactment (1) In general In the case of a covered institution that entered into contract with a covered nation or foreign entity of concern prior to January 1, 2028, and which contract remains in effect on such date, the Secretary shall notify the congressional defense committees within 90 days of enactment of this section. (2) Renewal A covered institution that has entered into a contract described in paragraph (1), the term of which is longer than the waiver period described in subparagraph (B) of such paragraph and the terms and conditions of which remain the same as the contract submitted as part of the request required under subparagraph (A) of such paragraph, may submit a request for renewal of the waiver issued under such paragraph in accordance with subsection (c)(2)(B). (d) Designation during contract term In the case of a covered institution that enters into a contract with a foreign source that is not a covered nation or a foreign entity of concern but which, during the term of such contract, is redesignated as a covered nation or foreign entity of concern, such institution shall terminate such contract not later than 120 days after the Secretary notifies the covered institution of such designation or immediately requests a waiver. (e) Translation requirement Any information required to be disclosed under this section with respect to a contract that is not in English shall be translated, for purposes of such disclosure, by a person that is not an affiliated entity or agent of the covered nation or foreign entity of concern involved with such contract. (f) Compliance officer Each covered institution applying for a waiver under subsection (c), shall identify a compliance officer, who shall— (1) be a current employee or legally authorized agent of such institution; and (2) be responsible, on behalf of such institution, for personally certifying— (A) compliance with the prohibition under this section; and (B) the truth and accuracy of any information contained in such a waiver request. (g) Definitions In this section: (1) (A) Except as provided in subparagraph (B), the term contract means— (i) any agreement or memorandum of understanding for the acquisition, by purchase, lease, or barter, of property or services by or from a covered nation or foreign entity of concern; or (ii) any affiliation, agreement, or similar transaction with a covered nation or foreign entity of concern that involves the use or exchange of the name, likeness, time, services, or resources of a covered institution. (B) The term contract does not include— (i) an agreement solely or primarily for the purposes of conducting a study-abroad program wherein students at covered institutions in the United States travel to a covered nation to study; (ii) short-term, ancillary agreements such as employment contracts for visiting professorships or sponsored travel or visas of foreign nationals employed by institutions of higher education, excluding those affiliated with foreign entities of concern; (iii) an arms-length agreement for the acquisition by purchase, lease, or barter of property or services for the covered institution from a foreign entity of concern; or (iv) an agreement pertaining to a pre-existing campus or other satellite facility of a covered institution located in a covered nation or a joint facility of a covered institution and another entity located in a covered nation, including assignment or license of a trademark or copyright related to the name, likeness, mascot or similar image, unless that facility could provide access to information or technology which could materially benefit the national security of a covered nation or harm the national security of the United States. (2) The term covered institution means an institution of higher education that conducts research funded by the Department of Defense. (3) The term covered nation has the meaning given that term in section 4872(d) of this title. (4) The term foreign entity of concern means any person or entity on any of the following lists: (A) Any of the following lists maintained by the Bureau of Industry and Security of the Department of Commerce: (i) The Entity List set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations. (ii) The Unverified List set forth in Supplement No. 6 part 744 of that title. (iii) The Military End-User List set forth in Supplement No. 7 to part 744 of that title. (iv) The Denied Persons List maintained pursuant to section 764.3(a)(2) of that title. (B) The list of specifically designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of Treasury (commonly referred to as the SDN list). (C) The list of Chinese military companies operating in the United States required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note). (D) The lists of debarred parties maintained by the Directorate of Defense Trade Controls of the Department of State pursuant to section 38(g)(4)of the Arms Export Control Act (22 U.S.C. 2778(g)(4)). (E) The list of telecommunications companies of the People’s Republic of China described in section 889(f)(3) of the John S. McCain National Defense Authorizations Act of 2019 (Public Law 115–232; 41 U.S.C. 3901 note prec.). (F) The list of semiconductor companies of the People’s Republic of China described in section 5949(i)(3) of the James M. Inhofe National Defense Authorization Act for Fiscal Year2023 (Public Law 117–263; 41 U.S.C. 4713 note). (G) The list of biotechnology companies of concern maintained under section 851(f) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 41 U.S.C. 3901 note prec.). (H) The list of entities that produce or provide communications equipment or service on the list published by the Federal Communications Commission under section 2(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(a)). (I) A list maintained under clause (i), (ii), (iv), or (v) of section 2(d)(2)(B) of the Act entitled An Act to ensure that the goods made with forced labor in Xinjiang Autonomous Region of the People’s Republic of China d o not enter the United States market, and for other purposes, approved December 23, 2021 (Public Law 117–18; 22 U.S.C. 6901 note) (commonly referred to as the Uyghur Forced Labor Prevention Act). (5) The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).. (b) Conforming repeals The following sections are hereby repealed: (1) Section 1277 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 50 U.S.C. 1914). (2) Section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note). (c) Conforming amendment Section 1062(b)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2241 note) is amended by striking subsection (g) of section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note), as amended by section 1299C of this Act, and inserting section 4146(h) of title 10, United States Code,.