; and (B) by striking Secretary each place it appears and inserting head concerned ; (4) in subsection (e)— (A) by striking Secretary each place it appears and inserting head concerned ; and (B) by inserting , or within an element of the intelligence community, as the case may be after United States Code ; (5) in subsections (h), (j), and (k), by striking Secretary each place it appears and inserting head concerned ; and (6) by adding at the end of the following new subsections: (p) Interagency considerations (1) In general Subject to paragraph (2), a scholarship recipient may satisfy their post-award employment obligation under this section by working for an element of the intelligence community that is not part of the Department of Defense only if— (A) the Secretary of Defense has entered into an agreement with the head of that element authorizing the placement of scholarship recipients under the Program in positions within that element; (B) under such agreement, the head of that element has agreed to reimburse the Department of Defense for the scholarship program costs associated with any scholarship recipient so placed; and (C) the scholarship recipient has satisfied appropriate hiring criteria and security clearance requirements applicable to that element. (2) Limitation on percentage per graduating class Not more than 10 percent of each graduating class of scholarship recipients under the Program may be placed in positions not within the Department of Defense unless the Secretary of Defense submits to the congressional defense committees a certification that the Department of Defense is unable to facilitate placements in positions within the Department of Defense for such excess percentage. (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