124 STAT. 4327 PUBLIC LAW 111–383—JAN. 7, 2011 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 fur- ther 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 Sec- retary 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. 10 USC 131 note. 10 USC 131 note. 5 USC 5315.
