REORGANIZATION OF OFFICE OF THE SECRETARY OF DEFENSE TO CARRY OUT REDUCTION REQUIRED BY LAW IN NUMBER OF DEPUTY UNDER SECRETARIES OF DEFENSE.

SEC. 901. REORGANIZATION OF OFFICE OF THE SECRETARY OF DEFENSE TO CARRY OUT REDUCTION REQUIRED BY LAW IN NUMBER OF DEPUTY UNDER SECRETARIES OF DEFENSE.(a) Redesignation of Certain Positions in Office of Secretary of Defense.—(1) Redesignation.—Positions in the Office of the Secretary of Defense are hereby redesignated as follows:(A) The Director of Defense Research and Engineering is redesignated as the Assistant Secretary of Defense for Research and Engineering.(B) The Director of Operational Energy Plans and Programs is redesignated as the Assistant Secretary of Defense for Operational Energy Plans and Programs.(C) The Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs is redesignated as the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.(2) References.—Any reference in any law, rule, regulation, paper, or other record of the United States to an office of the Department of Defense redesignated by paragraph (1) shall be deemed to be a reference to such office as so redesignated.(b) Amendments to Chapter 4 of Title 10 Relating to Reorganization.—(1) Repeal of separate principal deputy under secretary of defense provisions.—Sections 133a, 134a, and 136a of title 10, United States Code, are repealed.(2) Components of osd.—Subsection (b) of section 131 of such title is amended to read as follows:“(b) The Office of the Secretary of Defense is composed of the following:“(1) The Deputy Secretary of Defense.“(2) The Under Secretaries of Defense, as follows:“(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics.“(B) The Under Secretary of Defense for Policy.“(C) The Under Secretary of Defense (Comptroller).“(D) The Under Secretary of Defense for Personnel and Readiness.“(E) The Under Secretary of Defense for Intelligence.“(3) The Deputy Chief Management Officer of the Department of Defense.“(4) Other officers who are appointed by the President, by and with the advice and consent of the Senate, and who report directly to the Secretary and Deputy Secretary without intervening authority, as follows:124 STAT. 4318 “(A) The Director of Cost Assessment and Program Evaluation.“(B) The Director of Operational Test and Evaluation.“(C) The General Counsel of the Department of Defense.“(D) The Inspector General of the Department of Defense.“(5) The Principal Deputy Under Secretaries of Defense.“(6) The Assistant Secretaries of Defense.“(7) Other officials provided for by law, as follows:“(A) The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation appointed pursuant to section 139b(a) of this title.“(B) The Deputy Assistant Secretary of Defense for Systems Engineering appointed pursuant to section 139b(b) of this title.“(C) The Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy appointed pursuant to section 139c of this title.“(D) The Director of Small Business Programs appointed pursuant to section 144 of this title.“(E) The official designated under section 1501(a) of this title to have responsibility for Department of Defense matters relating to missing persons as set forth in section 1501 of this title.“(F) The Director of Family Policy under section 1781 of this title.“(G) The Director of the Office of Corrosion Policy and Oversight assigned pursuant to section 2228(a) of this title.“(H) The official designated under section 2438(a) of this title to have responsibility for conducting and overseeing performance assessments and root cause analyses for major defense acquisition programs.“(8) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office.”.(3) Principal deputy under secretaries of defense.—Section 137a of such title is amended—(A) in subsections (a)(1), (b), and (d), by striking “Deputy Under” and inserting “Principal Deputy Under”;(B) in subsection (a)(2), by striking “(A) The” and all that follows through “(5) of subsection (c)” and inserting “The Principal Deputy Under Secretaries of Defense”;(C) in subsection (c)—(i) in paragraphs (1), (2), (3), (4), and (5), by striking “One of the Deputy” and inserting “One of the Principal Deputy”;(ii) in paragraphs (1), (2), and (3), by striking “appointed” and all that follows through “this title”;(iii) in paragraphs (4) and (5), by striking “shall be” and inserting “is”; and(iv) in paragraph (5), by inserting before the period at the end the following: “, who shall be appointed from among persons who have extensive expertise in intelligence matters”; and124 STAT. 4319(D) in subsection (d), by adding at the end the following new sentence: “The Principal Deputy Under Secretaries shall take precedence among themselves in the order prescribed by the Secretary of Defense.”.(4) Assistant secretaries of defense generally.—Section 138 of such title is amended—(A) in subsection (a)—(i) in paragraph (1), by striking “12” and inserting “16”; and(ii) in paragraph (2), by striking “(A) The” and all that follows through “The other” and inserting “The”;(B) in subsection (b)—(i) in paragraphs (2), (3), (4), (5), and (6), by striking “shall be” and inserting “is”;(ii) in paragraph (7), by striking “appointed pursuant to section 138a of this title”; and(iii) by adding at the end the following new paragraphs:“(8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Research and Engineering. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Research and Engineering shall have the duties specified in section 138b of this title.“(9) One of the Assistant Secretaries is the Assistant Secretary of Defense for Operational Energy Plans and Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Operational Energy Plans and Programs shall have the duties specified in section 138c of this title.“(10) One of the Assistant Secretaries is the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall have the duties specified in section 138d of this title.”; and(C) in subsection (d), by striking “and the Director of Defense Research and Engineering” and inserting “the Deputy Chief Management Officer of the Department of Defense, the officials serving in positions specified in section 131(b)(4) of this title, and the Principal Deputy Under Secretaries of Defense”.(5) Assistant secretary for logistics and materiel readiness.—Section 138a(a) of such title is amended—(A) by striking “There is a” and inserting “The”; and(B) by striking “, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Assistant Secretary”.(6) Assistant secretary for research and engineering.—Section 139a of such title is transferred so as to appear after section 138a, redesignated as section 138b, and amended—(A) by striking subsection (a);(B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;(C) in subsection (a), as so redesignated, by striking “Director of Defense Research and Engineering” and 124 STAT. 4320 inserting “Assistant Secretary of Defense for Research and Engineering”; and(D) in subsection (b), as so redesignated—(i) in paragraph (1), by striking “Director of Defense Research and Engineering,” and inserting “Assistant Secretary of Defense for Research and Engineering,”; and(ii) in paragraph (2), by striking “Director” and inserting “Assistant Secretary”.(7) Assistant secretary for operational energy plans and programs.—Section 139b of such title is transferred so as to appear after section 138b (as transferred and redesignated by paragraph (6)), redesignated as section 138c, and amended—(A) in subsection (a), by striking “There is a” and all that follows through “The Director” and inserting “The Assistant Secretary of Defense for Operational Energy Plans and Programs”;(B) by striking “Director” each place it appears and inserting “Assistant Secretary”;(C) in subsection (d)(2)—(i) by striking “Not later than” and all that follows through “military departments” and inserting “The Secretary of each military department”;(ii) by striking “who will” and inserting “who shall”; and(iii) by inserting “so designated” after “The officials”; and(D) in subsection (d)(4), by striking “The initial” and all that follows through “updates to the strategy” and inserting “Updates to the strategy required by paragraph (1)”.(8) Assistant secretary for nuclear, chemical, and biological defense programs.—Section 142 of such title is transferred so as to appear after section 138c (as redesignated and transferred by paragraph (7)), redesignated as section 138d, and amended—(A) by striking subsection (a);(B) by redesignating subsection (b) as subsection (a) and in that subsection, as so redesignated, by striking “The Assistant to the Secretary” and inserting “The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs”; and(C) by striking subsection (c) and inserting the following new subsection (b):“(b) The Assistant Secretary may communicate views on issues within the responsibility of the Assistant Secretary directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.”.(c) Deputy Chief Management Officer.—(1) In general.—Chapter 4 of title 10, United States Code, is further amended by inserting after section 132 the following new section:124 STAT. 4321 “§ 132a. Deputy Chief Management Officer“(a) Appointment.—There is a Deputy Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.“(b) Responsibilities.—The Deputy Chief Management Officer assists the Deputy Secretary of Defense in the Deputy Secretary’s capacity as Chief Management Officer of the Department of Defense under section 132(c) of this title.“(c) Precedence.—The Deputy Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and the Under Secretaries of Defense.” .(2) Conforming amendment.—Section 132(c) of such title is amended by striking the second sentence.(d) Senior Official Responsible for Performance Assessments and Root Cause Analyses of MDAPs.—Section 103 of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 123 Stat. 1715; 10 U.S.C. 2430 note) is transferred to chapter 144 of title 10, United States Code, inserted so as to appear after section 2437, redesignated as section 2438, and amended—(1) in subsection (b)(2), by striking “section 2433a(a)(1) of title 10, United States Code (as added by section 206(a) of this Act)” and inserting “section 2433a(a)(1) of this title”;(2) in subsection (b)(5)—(A) by striking “section 2433a of title 10, United States Code (as so added)” and inserting “section 2433a of this title”; and(B) by striking “prior to” both places it appears and inserting “before”;(3) in subsection (d), by striking “section 2433a of title 10, United States Code (as so added)” and inserting “section 2433a of this title”; and(4) in subsection (f), by striking “beginning in 2010,”.(e) Redesignation of DDTE as Deputy Assistant Secretary for Developmental Test and Evaluation and DSE as Deputy Assistant Secretary of Defense for Systems Engineering.—Section 139d of title 10, United States Code, is amended—(1) by striking “Director of Developmental Test and Evaluation” each place it appears and inserting “Deputy Assistant Secretary of Defense for Developmental Test and Evaluation”;(2) by striking “Director of Systems Engineering” each place it appears and inserting “Deputy Assistant Secretary of Defense for Systems Engineering”;(3) in subsection (a)—(A) by striking the subsection heading and inserting “Deputy Assistant Secretary of Defense for Developmental Test and Evaluation.—”;(B) by striking “Director” each place it appears in paragraphs (2), (3), and (6) and inserting “Deputy Assistant Secretary”;(C) in paragraph (4), by striking the paragraph heading and inserting “Coordination with deputy assistant secretary of defense for systems engineering.—”;(D) in paragraph (5), by striking “Director” in the matter preceding subparagraph (A) and inserting “Deputy Assistant Secretary”; and124 STAT. 4322(E) in paragraph (6), by striking “Director’s” and inserting “Deputy Assistant Secretary’s”; and(4) in subsection (b)—(A) by striking the subsection heading and inserting “Deputy Assistant Secretary of Defense for Systems Engineering.—”;(B) by striking “Director” each place it appears in paragraphs (2), (3), (5), and (6) and inserting “Deputy Assistant Secretary”;(C) in paragraph (4), by striking the paragraph heading and inserting “Coordination with deputy assistant secretary of defense for developmental test and evaluation.—”; and(D) in paragraph (6), by striking “Director’s” and inserting “Deputy Assistant Secretary’s”.(f) Reorganization of Certain Provisions Within Chapter 4 To Account for Other Transfers of Provisions.—Chapter 4 of title 10, United States Code, is further amended by redesignating sections 139c, 139d (as amended by subsection (e)), and 139e (as added by section 896 of this Act) as sections 139a, 139b, and 139c, respectively.(g) Repeal of Statutory Requirement for Office for Missing Personnel in OSD.—Section 1501(a) of title 10, United States Code, is amended—(1) by striking the subsection heading and inserting the following: “Responsibility for Missing Personnel.—”;(2) in paragraph (1)—(A) by striking “establish within the Office of the Secretary of Defense an office to have responsibility for Department of Defense policy” in the first sentence and inserting “designate within the Office of the Secretary of Defense an official as the Deputy Assistant Secretary of Defense for Prisoner of War/Missing Personnel Affairs to have responsibility for Department of Defense matters”;(B) by striking the second sentence;(C) by striking “of the office” and inserting “of the official designated under this paragraph”;(D) by striking “and” at the end of subparagraph (A);(E) by redesignating subparagraph (B) as subparagraph (C); and(F) by inserting after subparagraph (A) the following new subparagraph (B):“(B) policy, control, and oversight of the program established under section 1509 of this title, as well as the accounting for missing persons (including locating, recovering, and identifying missing persons or their remains after hostilities have ceased); and”;(3) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively;(4) by inserting after paragraph (1) the following new paragraph (2):“(2) The official designated under paragraph (1) shall also serve as the Director, Defense Prisoner of War/Missing Personnel Office, as established under paragraph (6)(A), exercising authority, direction, and control over that activity.”.(5) in paragraph (3), as so redesignated—124 STAT. 4323(A) by striking “of the office” the first place it appears; and(B) by striking “head of the office” and inserting “official designated under paragraph (1) and (2)”;(6) in paragraph (4), as so redesignated—(A) by striking “office” and inserting “designated official”; and(B) by inserting after “evasion)” the following: “and for personnel accounting (including locating, recovering, and identifying missing persons or their remains after hostilities have ceased)”;(7) in paragraph (5), as so redesignated, by striking “office” and inserting “designated official”; and(8) in paragraph (6), as so redesignated—(A) in subparagraph (A)—(i) by inserting after “(A)” the following: “The Secretary of Defense shall establish an activity to account for personnel who are missing or whose remains have not been recovered from the conflict in which they were lost. This activity shall be known as the Defense Prisoner of War/Missing Personnel Office.”; and(ii) by striking “office” both places it appears and inserting “activity”;(B) in subparagraph (B)(i), by striking “to the office” and inserting “activity”;(C) in subparagraph (B)(ii)—(i) by striking “to the office” and inserting “activity”; and(ii) by striking “of the office” and inserting “of the activity”; and(D) in subparagraph (C), by striking “office” and inserting “activity”.(h) Clarification of Head of Office for Family Policy.—Section 1781 of title 10, United States Code, is amended—(1) in subsection (a), by striking the second sentence and inserting the following new sentence: “The office shall be headed by the Director of Family Policy, who shall serve within the office of the Under Secretary of Defense for Personnel and Readiness.”; and(2) by striking “the Office” each place it appears and inserting “the Director”.(i) Modification of Statutory Limitation on Number of Deputy Under Secretaries of Defense.—(1) Delay in limitation on number of dusds.—Section 906(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2426; 10 U.S.C. 137a note) is amended by striking “January 1, 2011” and inserting “January 1, 2015”.(2) Temporary authority for additional dusds.—During the period beginning on the date of the enactment of this Act and ending on January 1, 2015, the Secretary of Defense may, in the Secretary’s discretion, appoint not more than five Deputy Under Secretaries of Defense in addition to the five Principal Deputy Under Secretaries of Defense authorized by section 137a of title 10, United States Code (as amended by subsection (b)(3)).(3) Report on plan for reorganization of osd.—124 STAT. 4324(A) Report required.—Not later than September 15, 2013, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a plan for the realignment of the organizational structure of the Office of the Secretary of Defense to comply with the requirement of section 906(a)(2) of the National Defense Authorization Act for Fiscal Year 2010, as amended by paragraph (1).(B) Elements.—In preparing the report required by subparagraph (A), the Secretary shall consider, at a minimum, the feasibility of taking the following actions on or before January 1, 2015:(i) A merger of the position of Deputy Under Secretary of Defense (Installations and Environment) and the position of Assistant Secretary of Defense for Operational Energy Plans and Programs (as established in accordance with the amendments made by subsection (b)(7)) into a single Assistant Secretary position.(ii) A realignment of positions within the Office of the Under Secretary of Defense for Policy to eliminate the position of Deputy Under Secretary of Defense (Strategy, Plans, and Forces).(j) Other Conforming Amendments to Title 10.—(1) Section 179(c) of title 10, United States Code, is amended—(A) in paragraphs (2) and (3), by striking “Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs” and inserting “Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs”; and(B) in paragraph (3), by striking “that Assistant to the Secretary” and inserting “Assistant Secretary”.(2) Section 2272 of such title is amended by striking “Director of Defense Research and Engineering” each place it appears and inserting “Assistant Secretary of Defense for Research and Engineering”.(3) Section 2365 of such title is amended—(A) in subsection (a), by striking “Director of Defense Research and Engineering” and inserting “Assistant Secretary”;(B) in subsection (d)(1), by striking “Director” and inserting “Assistant Secretary”;(C) in subsection (d)(2)—(i) by striking “Director of Defense Research and Engineering” and inserting “Assistant Secretary of Defense for Research and Engineering”; and(ii) by striking “Director may” and inserting “Assistant Secretary may”; and(D) in subsection (e), by striking “Director” and inserting “Assistant Secretary”.(4) Sections 2350a(g)(3), 2366b(a)(3)(D), 2374a(a), and 2517(a) of such title are amended by striking “Director of Defense Research and Engineering” and inserting “Assistant Secretary of Defense for Research and Engineering”.(5) Section 2902(b) of such title is amended—(A) in paragraph (1), by striking “Deputy Under Secretary of Defense for Science and Technology” and inserting 124 STAT. 4325 “official within the Office of the Assistant Secretary of Defense for Research and Engineering who is responsible for science and technology”; and(B) in paragraph (3), by striking “Deputy Under Secretary of Defense” and inserting “official within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics who is”.(k) Section Heading and Clerical Amendments.—(1) Section heading amendments.—(A) The heading of section 137a of title 10, United States Code, is amended to read as follows:“§ 137a. Principal Deputy Under Secretaries of Defense” .(B) The heading of section 138b of such title, as transferred and redesignated by subsection (b)(6), is amended to read as follows:“§ 138b. Assistant Secretary of Defense for Research and Engineering” .(C) The heading of section 138c of such title, as transferred and redesignated by subsection (b)(7), is amended to read as follows:“§ 138c. Assistant Secretary of Defense for Operational Energy Plans and Programs” .(D) The heading of section 138d of such title, as transferred and redesignated by subsection (b)(8), is amended to read as follows:“§ 138d. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs” .(E) The section heading of section 139b of such title, as redesignated by subsection (f), is amended to read as follows:“§ 139b. Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering: joint guidance” .(F) The heading of section 2438 of such title, as transferred and redesignated by subsection (d), is amended to read as follows:“§ 2438. Performance assessments and root cause analyses” .(2) Clerical amendments.—(A) The table of sections at the beginning of chapter 4 of such title is amended—(i) by inserting after the item relating to section 132 the following new item: “132a. Deputy Chief Management Officer.”; (ii) by striking the items relating to sections 133a, 134a, and 136a;(iii) by striking the item relating to section 137a and inserting the following new item: “137a. Principal Deputy Under Secretaries of Defense.”; 124 STAT. 4326(iv) by inserting after the item relating to section 138a the following new items: “138b. Assistant Secretary of Defense for Research and Engineering. “138c. Assistant Secretary of Defense for Operational Energy Plans and Programs. “138d. Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.”; (v) by striking the items relating to sections 139a, 139b, 139c, and 139d and inserting the following new items: “139a. Director of Cost Assessment and Program Evaluation. “139b. Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering: joint guidance. “139c. Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy.”; and (vi) by striking the item relating to section 142.(B) The table of sections at the beginning of chapter 144 of such title is amended by inserting after the item relating to section 2437 the following new item: “2438. Performance assessments and root cause analyses.”. (l) Other Conforming Amendments.—(1) Public law 111–23.—Section 102(b) of the Weapon Systems Acquisition Reform Act of 2009 (Public Law 111–23; 123 Stat. 1714; 10 U.S.C. 2430 note) is amended—(A) by striking “Director of Developmental Test and Evaluation and the Director of Systems Engineering” each place it appears and inserting “Deputy Assistant Secretary of Defense for Developmental Test and Evaluation and the Deputy Assistant Secretary of Defense for Systems Engineering”; and(B) in paragraph (3)—(i) by striking the paragraph heading and inserting “Assessment of reports by deputy assistant secretary of defense for developmental test and evaluation and deputy assistant secretary of defense for systems engineering.—”; and(ii) by striking “Directors” and inserting “Deputy Assistant Secretaries of Defense”.(2) Public law 110–181.—Section 214 of the National Defense Authorization Act of Fiscal Year 2008 (10 U.S.C. 2521 note) is amended by striking “Director of Defense Research and Engineering” and inserting “Assistant Secretary of Defense for Research and Engineering”.(m) Technical Amendments.—(1) Section 131(a) of title 10, United States Code, is amended by striking “his” and inserting “the Secretary’s”.(2) Section 132 of such title is amended by redesignating subsection (d), as added by section 2831(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2669), as subsection (e).(3) Section 135(c) of such title is amended by striking “clauses” and inserting “paragraphs”.(n) Executive Schedule Amendments.—(1) Number of assistant secretary of defense positions.—Section 5315 of title 5, United States Code, is amended 124 STAT. 4327 by striking the item relating to Assistant Secretaries of Defense and inserting the following new item: “Assistant Secretaries of Defense (16).”.(2) Positions redesignated as asd positions.—(A) Section 5315 of such title is further amended by striking the item relating to Director of Defense Research and Engineering.(B) Section 5316 of such title is amended by striking the item relating to Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs.(3) Amendments to strike references to positions in senior executive service.—Section 5316 of such title is further amended—(A) by striking the item relating to Director, Defense Advanced Research Projects Agency, Department of Defense;(B) by striking the item relating to Deputy General Counsel, Department of Defense;(C) by striking the item relating to Deputy Under Secretaries of Defense for Research and Engineering, Department of Defense; and(D) by striking the item relating to Special Assistant to the Secretary of Defense.(o) Inapplicability of Appointment Requirement to Certain Individuals Serving on Effective Date.—(1) In general.—Notwithstanding this section and the amendments made by this section, the individual serving as specified in paragraph (2) on December 31, 2010, may continue to serve in the applicable position specified in that paragraph after that date without the requirement for appointment by the President, by and with the advice and consent of the Senate.(2) Covered individuals and positions.—The individuals and positions specified in this paragraph are the following:(A) In the case of the individual serving as Director of Defense Research and Engineering, the position of Assistant Secretary of Defense for Research and Engineering.(B) In the case of the individual serving as Director of Operational Energy Plans and Programs, the position of Assistant Secretary of Defense for Operational Energy Plans and Programs.(C) In the case of the individual serving as Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, the position of Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.(p) Effective Date.—(1) In general.—Except as provided in paragraph (2), this section and the amendments made by this section shall take effect on January 1, 2011.(2) Certain matters.—Subsection (i) and the amendments made by that subsection, and subsection (o), shall take effect on the date of the enactment of this Act.124 STAT. 4328