UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT OF HOMELAND SECURITY.

SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT OF HOMELAND SECURITY.(a) Responsibilities.—Section 701(a) of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended—(1) by inserting “The Under Secretary for Management shall serve as the Chief Management Officer and principal advisor to the Secretary on matters related to the management of the Department, including management integration and transformation in support of homeland security operations and programs.” before “The Secretary”;(2) by striking paragraph (7) and inserting the following:“(7) Strategic management planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.”; and(3) by striking paragraph (9), and inserting the following:“(9) The management integration and transformation process, as well as the transition process, to ensure an efficient and orderly consolidation of functions and personnel in the Department and transition, including—“(A) the development of a management integration strategy for the Department, and“(B) before December 1 of any year in which a Presidential election is held, the development of a transition and succession plan, to be made available to the incoming Secretary and Under Secretary for Management, to guide the transition of management functions to a new Administration.”.(b) Appointment and Evaluation.—Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as amended by subsection (a), is further amended by adding at the end the following:“(c) Appointment and Evaluation.—The Under Secretary for Management shall—“(1) be appointed by the President, by and with the advice and consent of the Senate, from among persons who have—121 STAT. 549“(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.121 STAT. 550(e) Executive Schedule.—Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Deputy Secretary of Homeland Security the following: “Under Secretary of Homeland Security for Management.”.