PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3449
(3) by inserting after subsection (c) the following new subsection (d): ‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—(1) The Secretary of Defense may— ‘‘(A) appoint or retain a person participating in the program under this section in a position on an interim basis during the period of such person’s pursuit of a degree under the program and for a period not to exceed 2 years after completion of the degree, but only if, in the case of the period after completion of the degree— ‘‘(i) there is no readily available appropriate permanent position for such person; and ‘‘(ii) there is an active and ongoing effort to identify and assign such person to an appropriate permanent position as soon as practicable; and ‘‘(B) if there is no appropriate permanent position available after the end of the periods described in subparagraph (A), separate such person from employment with the Department without regard to any other provision of law, in which event the service agreement of such person under subsection (c) shall terminate. ‘‘(2) The period of service of a person covered by paragraph (1) in a position on an interim basis under that paragraph shall, after completion of the degree, be treated as a period of service for purposes of satisfying the obligated service requirements of the person under the service agreement of the person under subsection (c).’’. (c) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE.— Paragraph (1) of subsection (e) of such section, as redesignated by subsection (c)(1) of this section, is amended to read as follows: ‘‘(1)(A) A participant in the program under this section who is not an employee of the Department of Defense and who voluntarily fails to complete the educational program for which financial assistance has been provided under this section, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary of Defense, shall refund to the United States an appropriate amount, as determined by the Secretary. ‘‘(B) A participant in the program under this section who is an employee of the Department of Defense and who— ‘‘(i) voluntarily fails to complete the educational program for which financial assistance has been provided, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary; or ‘‘(ii) before completion of the period of obligated service required of such participant— ‘‘(I) voluntarily terminates such participant’s employment with the Department; or ‘‘(II) is removed from such participant’s employment with the Department on the basis of misconduct, shall refund the United States an appropriate amount, as determined by the Secretary.’’. (d) CODIFICATION.— (1) AMENDMENT TO TITLE 10.—Chapter 111 of title 10, United States Code, is amended— (A) by inserting after section 2192 the following:
VerDate 14-DEC-2004
07:21 Oct 30, 2006
Jkt 039194
PO 00003
Frm 00917
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.119
APPS06
PsN: PUBL003
�
