; and (B) by inserting , or within an element of the intelligence community, as the case may be after United States Code ; (4) in subsections (h), (j), and (k), by striking Secretary each place it appears and inserting head concerned ; and (5) by adding at the end of the following new subsections: (p) Interagency considerations (1) In general The Secretary of Defense shall enter into an agreement with the head of an element of the intelligence community to allow a scholarship recipient to satisfy the recipient's post-award employment obligations under this section by working for an element of the intelligence community that is not part of the Department of Defense if the head of that element agrees to reimburse the Department of Defense for the scholarship program costs associated with that scholarship recipient. (2) Limitations (A) A scholarship recipient may not serve the recipient's post-award employment obligation under this section at an element of the intelligence community that is not part of the Department of Defense before an agreement under paragraph (1) is reached. (B) Not more than 10 percent of scholarship recipients in each class may be placed in positions outside the Department of Defense unless the Secretary certifies that the Department of Defense cannot facilitate a placement within the Department of Defense. (q) Definitions In this section: (1) The term head concerned means— (A) The Secretary of Defense, with respect to matters concerning the Department of Defense; or (B) the head of an element of the intelligence community, with respect to matters concerning that element. (2) 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 ). . 1724. Minimum number of scholarships to be awarded annually through Cyber Service Academy Section 1535(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263