
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC4108]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                          CHAPTER 41--TRAINING
 
Sec. 4108. Employee agreements; service after training

    (a) An employee selected for training for more than a minimum period 
prescribed by the head of the agency shall agree in writing with the 
Government before assignment to training that he will--
        (1) continue in the service of his agency after the end of the 
    training period for a period at least equal to three times the 
    length of the training period unless he is involuntarily separated 
    from the service of his agency; and
        (2) pay to the Government the amount of the additional expenses 
    incurred by the Government in connection with his training if he is 
    voluntarily separated from the service of his agency before the end 
    of the period for which he has agreed to continue in the service of 
    his agency.

    (b) The payment agreed to under subsection (a)(2) of this section 
may not be required of an employee who leaves the service of his agency 
to enter into the service of another agency in any branch of the 
Government unless the head of the agency that authorized the training 
notifies the employee before the effective date of his entrance into the 
service of the other agency that payment will be required under this 
section.
    (c) If an employee, except an employee relieved of liability under 
subsection (b) of this section or section 4102(b) of this title, fails 
to fulfill his agreement to pay to the Government the additional 
expenses incurred by the Government in connection with his training, a 
sum equal to the amount of the additional expenses of training is 
recoverable by the Government from the employee or his estate by--
        (1) setoff against accrued pay, compensation, amount of 
    retirement credit, or other amount due the employee from the 
    Government; and
        (2) such other method as is provided by law for the recovery of 
    amounts owing to the Government.

The head of the agency concerned, under the regulations prescribed under 
section 4118 of this title, 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.
    (d) 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 435; Pub. L. 98-224, Sec. 5(a), 
Mar. 2, 1984, 98 Stat. 48; Pub. L. 103-226, Sec. 2(a)(6), Mar. 30, 1994, 
108 Stat. 112.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2310.                July 7, 1958, Pub. L.
                                                    85-507, Sec.  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.


                               Amendments

    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).


                       Central Intelligence Agency

    Exception of Central Intelligence Agency from provisions of this 
section and certain other provisions of this chapter, see Ex. Ord. No. 
10805, Feb. 18, 1959, 24 F.R. 1301, set out as a note under section 4102 
of this title.
