123STA T . 2 48 4 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9Sec.1 1 2 2. Part- t im e reem ploy me n t. Sec. 112 3 . G o v ernment A cco u nta b ility Of fice report. Subti t leA—P e rson nel SEC.1 1 0 1. AUTHORI T Y TOE MPL OYI ND I V IDUALS COMPLETIN G THE NATIONAL SECURITY EDUCATION PROGRAM. Section802 o f t h e Dav i dL.B o r en N ationa l Sec u rit yE ducation A ct of 19 91 (5 0 U .S. C . 1902 ) i s a m ended b y addin g at the end the follo w ing new subsection
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‘( k )E MPLOY M ENT O FPR O G R A M PART IC IPANT S . —T he Secretary of Defense , the Secretary of H omeland Security, the Secretary of State, or the head of a F ederal agency or office identified by the Secretary of Defense under subsection (g) as having national secu - rity res p onsibilities— ‘‘(1) may, without regard to any provision of title 5 gov- erning appointments in the competitive service, appoint to a position that is identified under subsection (b)(2)(A)(i) as having national security responsibilities, or to a position in such Fed- eral agency or office, in the e x cepted service an individual who has successfully completed an academic program for which a scholarship or fellowship under this section was awarded and who, under the terms of the agreement for such scholarship or fellowship, at the time of such appointment owes a service commitment to such Department or such Federal agency or office
and ‘‘(2) may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a career or career conditional appoint- ment. ’ ’. SEC. 110 2 . AUTHORITY F OR EMPLOYMENT B Y DEPARTMENT OF DEFENSE OF INDIVIDUALS W HO HAVE SUCCESSFULLY COMPLETED THE RE Q UIREMENTS OF THE SCIENCE , MATHEMATICS, AND RESEARCH FOR TRANSFORMATION ( SMART ) DEFENSE SCHOLARSHIP PROGRAM. (a) A U T H ORITY FOR EMPLOYMENT.—Subsection (d) of section 2192a of title 10, United States Code, is amended to read as follows: ‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The Secretary of Defense— ‘‘(1) may, without regard to any provision of title 5 gov- erning appointment of employees to competitive service posi- tions within the Department of Defense, appoint to a position in the Department of Defense in the excepted service an indi- vidual who has successfully completed an academic program for which a scholarship or fellowship under this section was awarded and who, under the terms of the agreement for such scholarship or fellowship, at the time of such appointment, owes a service commitment to the Department; and ‘‘(2) may, upon satisfactory completion of 2 years of substan- tially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such individual, without com- petition, to a career or career conditional appointment.’’.
