Page:United States Statutes at Large Volume 121.djvu/570

 PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 549

dkrause on GSDDPC44 with PUBLAW

‘‘(A) extensive executive level leadership and management experience in the public or private sector; ‘‘(B) strong leadership skills; ‘‘(C) a demonstrated ability to manage large and complex organizations; and ‘‘(D) a proven record in achieving positive operational results; ‘‘(2) enter into an annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; and ‘‘(3) be subject to an annual performance evaluation by the Secretary, who shall determine as part of each such evaluation whether the Under Secretary for Management has made satisfactory progress toward achieving the goals set out in the performance agreement required under paragraph (2).’’. (c) DEADLINE FOR APPOINTMENT; INCUMBENT.— (1) DEADLINE FOR APPOINTMENT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall name an individual who meets the qualifications of section 701 of the Homeland Security Act (6 U.S.C. 341), as amended by subsections (a) and (b), to serve as the Under Secretary of Homeland Security for Management. The Secretary may submit the name of the individual who serves in the position of Under Secretary of Homeland Security for Management on the date of enactment of this Act together with a statement that informs the Congress that the individual meets the qualifications of such section as so amended. (2) INCUMBENT.—The incumbent serving as Under Secretary of Homeland Security for Management on November 4, 2008, is authorized to continue serving in that position until a successor is confirmed, to ensure continuity in the management functions of the Department. (d) SENSE OF CONGRESS WITH RESPECT TO SERVICE OF INCUMBENTS.—It is the sense of the Congress that the person serving as Under Secretary of Homeland Security for Management on the date on which a Presidential election is held should be encouraged by the newly-elected President to remain in office in a new Administration until such time as a successor is confirmed by Congress.

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