### §5759.1 Retention and relocation bonuses for the Federal Bureau of Investigation

(a) Authority.—The Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if—

(1)(A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employee's services makes it essential to retain the employee; and

(B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave—

(i) the Federal service; or

(ii) for a different position in the Federal service; or

(2) the individual is subject to a mobility agreement and is transferred to a position in a different geographical area in which there is a shortage of critical skills (as determined by the Director of the Federal Bureau of Investigation).

(b) Service Agreement.—Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include—

(1) the period of service the individual shall be required to complete in return for the bonus; and

(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination, including requirements for a bonus recipient's repayment of a bonus in circumstances determined by the Director of the Federal Bureau of Investigation.

(c) Limitation on Authority.—A bonus paid under this section may not exceed 50 percent of the employee's annual rate of basic pay. The bonus may be paid in a lump sum or installments linked to completion of periods of service.

(d) Impact on Basic Pay.—A bonus paid under this section is not part of the basic pay of an employee for any purpose.

(Added Pub. L. 108–447, div. B, title I, §113(a), Dec. 8, 2004, 118 Stat. 2868; amended Pub. L. 111–117, div. B, title II, §217, Dec. 16, 2009, 123 Stat. 3141; Pub. L. 111–259, title IV, §443, Oct. 7, 2010, 124 Stat. 2733.)

#### **Editorial Notes**

#### Amendments

2010—Subsec. (a)(2). Pub. L. 111–259, §443(1), substituted "is subject to a mobility agreement and is transferred to a position in a different geographical area in which there is a shortage of critical skills" for "is transferred to a different geographic area with a higher cost of living".

Subsec. (b)(2). Pub. L. 111–259, §443(2), substituted ", including requirements for a bonus recipient's repayment of a bonus in circumstances determined by the Director of the Federal Bureau of Investigation." for the period.

Subsec. (c). Pub. L. 111–259, §443(3), substituted "annual rate of basic pay. The bonus may be paid in a lump sum or installments linked to completion of periods of service." for "basic pay."

Subsec. (d). Pub. L. 111–259, §443(4), substituted "bonus paid under this section" for "retention bonus".

2009—Subsec. (e). Pub. L. 111–117 struck out subsec. (e). Text read as follows: "The authority to grant bonuses under this section shall cease to be available after December 31, 2009."

1 So in original. No section 5758 has been enacted.