Section 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.1So in original. No section 5758 has been enacted.
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
AMENDMENTS2010-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."