--- kind: "section" citation: "5 U.S.C. § 4108" title: "5" title_heading: "Government Organization and Employees" number: "4108" heading: "Employee agreements; service after training" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/5/4108" units: - "Part III — Employees" - "Subpart C — Employee Performance" - "Chapter 41 — Training" --- # §4108. Employee agreements; service after training - (a) An [employee](/usc/5/4701.md?p=a-2) selected for [training](/usc/5/4101.md?p=4) for more than a minimum period prescribed by the head of the [agency](/usc/5/3132.md?p=a-1) shall agree in writing with the [Government](/usc/5/4101.md?p=3) before assignment to [training](/usc/5/4101.md?p=4) that he will— - (1) continue in the [service](/usc/5/8401.md?p=26) of his [agency](/usc/5/3132.md?p=a-1) after the end of the [training](/usc/5/4101.md?p=4) period for a period at least equal to three times the length of the [training](/usc/5/4101.md?p=4) period unless he is involuntarily separated from the [service](/usc/5/8401.md?p=26) of his [agency](/usc/5/3132.md?p=a-1); and - (2) [pay](/usc/5/7511.md?p=a-4) to the [Government](/usc/5/4101.md?p=3) the amount of the additional expenses incurred by the [Government](/usc/5/4101.md?p=3) in connection with his [training](/usc/5/4101.md?p=4) if he is voluntarily separated from the [service](/usc/5/8401.md?p=26) of his [agency](/usc/5/3132.md?p=a-1) before the end of the period for which he has agreed to continue in the [service](/usc/5/8401.md?p=26) of his [agency](/usc/5/3132.md?p=a-1). - (b) The payment agreed to under [subsection (a)(2)](#a-2) of this section may not be required of an [employee](/usc/5/4701.md?p=a-2) who leaves the [service](/usc/5/8401.md?p=26) of his [agency](/usc/5/3132.md?p=a-1) to enter into the [service](/usc/5/8401.md?p=26) of another [agency](/usc/5/3132.md?p=a-1) in any branch of the [Government](/usc/5/4101.md?p=3) unless the head of the [agency](/usc/5/3132.md?p=a-1) that authorized the [training](/usc/5/4101.md?p=4) notifies the [employee](/usc/5/4701.md?p=a-2) before the effective date of his entrance into the [service](/usc/5/8401.md?p=26) of the other [agency](/usc/5/3132.md?p=a-1) that payment will be required under this section. - (c) If an [employee](/usc/5/4701.md?p=a-2), except an [employee](/usc/5/4701.md?p=a-2) relieved of liability under [subsection (b)](#b) of this section or [section 4102(b) of this title](/usc/5/4102.md?p=b), fails to fulfill his agreement to [pay](/usc/5/7511.md?p=a-4) to the [Government](/usc/5/4101.md?p=3) the additional expenses incurred by the [Government](/usc/5/4101.md?p=3) in connection with his [training](/usc/5/4101.md?p=4), a sum equal to the amount of the additional expenses of [training](/usc/5/4101.md?p=4) is recoverable by the [Government](/usc/5/4101.md?p=3) from the [employee](/usc/5/4701.md?p=a-2) or his estate by— - (1) setoff against accrued [pay](/usc/5/7511.md?p=a-4), compensation, amount of retirement credit, or other amount due the [employee](/usc/5/4701.md?p=a-2) from the [Government](/usc/5/4101.md?p=3); and - (2) such other method as is provided by law for the recovery of amounts owing to the [Government](/usc/5/4101.md?p=3). The head of the [agency](/usc/5/3132.md?p=a-1) concerned, under the regulations prescribed under [section 4118 of this title](/usc/5/4118.md), may waive in whole or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest. ## Source credit (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 435; Pub. L. 98–224, § 5(a), Mar. 2, 1984, 98 Stat. 48; Pub. L. 103–226, § 2(a)(6), Mar. 30, 1994, 108 Stat. 112; Pub. L. 107–347, title II, § 209(g)(1)(B), Dec. 17, 2002, 116 Stat. 2932.) ## Notes | Historical and Revision Notes | | | | --- | --- | --- | | Derivation | U.S. Code | Revised Statutes and
Statutes at Large | | | 5 U.S.C. 2310. | July 7, 1958, Pub. L. 85–507, § 11, 72 Stat. 332. | In subsection (a), the last sentence of former section 2310(a) is omitted as included in the first sentence of the revised subsection. In subsection (b), the words, “another agency in any branch of the Government” are coextensive with and substituted for “another department or of any other agency in any branch of the Government”. This is so because “agency in any branch of the Government” is broader than “agency” as defined for the purpose of this chapter in section 4101(1). Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. ### Editorial Notes ### Amendments 2002—Subsec. (d). Pub. L. 107–347 struck out subsec. (d) which read as follows: “For purposes of this section, ‘training’ includes a private sector assignment of an employee participating in the Executive Exchange Program of the President’s Commission on Executive Exchange.” 1994—Subsec. (a). Pub. L. 103–226 substituted “for more than a minimum period prescribed by the head of the agency” for “by, in, or through a non-Government facility under this chapter”. 1984—Subsec. (d). Pub. L. 98–224 added subsec. (d). ### Statutory Notes and Related Subsidiaries ### Effective Date of 2002 Amendment Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. ### Department of Homeland Security Exception from provisions of this section of those elements of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection through the Department’s Assistant Secretary for Information Analysis, see Ex. Ord. No. 13286, § 86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under section 111 of Title 6, Domestic Security. ### Central Intelligence Agency Exception of Central Intelligence Agency from provisions of this section, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set out as a note under section 4102 of this title.