§ 5753. Recruitment and relocation bonuses
(a)
(1)
This section may be applied to—
(2)
A bonus may not be paid under this section to an individual who is appointed to or who holds—
(A)
a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
(3)
In this section, the term “employee” has the meaning given that term in section
2105, except that such term also includes an employee described in subsection (c) of that section.
(b)
The Office of Personnel Management may authorize the head of an agency to pay a bonus under this section to an individual only if—
(1)
the position to which such individual is appointed (as described in paragraph (2)(A)) or to which such individual moves or must relocate (as described in paragraph (2)(B)) is likely to be difficult to fill in the absence of such a bonus; and
(c)
(1)
Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement to complete a period of employment with the agency, not longer than 4 years. The Office may, by regulation, prescribe a minimum service period for purposes of this section.
(2)
(A)
The agreement shall include—
(B)
The terms and conditions for paying a bonus, as specified in the service agreement, shall include—
(C)
The required service period shall commence upon the commencement of service with the agency or movement to a new position or geographic area, as applicable, unless the service agreement provides for a later commencement date in circumstances and to the extent allowable under regulations of the Office, such as when there is an initial period of formal basic training.
(d)
(1)
Except as provided in subsection (e), a bonus under this section shall not exceed 25 percent of the annual rate of basic pay of the employee at the beginning of the service period multiplied by the number of years (including a fractional part of a year, as determined under regulations of the Office) in the required service period of the employee involved.
(e)
The Office may authorize the head of an agency to waive the limitation under subsection (d)(1) based on a critical agency need, subject to regulations prescribed by the Office. Under such a waiver, the maximum bonus allowable shall—
(1)
be equal to the maximum that would be determined if subsection (d)(1) were applied by substituting “50” for “25”; but
(2)
in no event exceed 100 percent of the annual rate of basic pay of the employee at the beginning of the service period.
Nothing in this subsection shall be considered to permit the waiver of any requirement under subsection (c).
(f)
The Office shall require that an agency establish a plan for the payment of recruitment bonuses before paying any such bonuses, and a plan for the payment of relocation bonuses before paying any such bonuses, subject to regulations prescribed by the Office.
(g)
The Office may prescribe regulations to carry out this section, including regulations relating to the repayment of a bonus under this section in appropriate circumstances when the agreed-upon service period has not been completed.