5 U.S.C. § 5753 — Recruitment and relocation bonuses

Page 756 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5751 subsection (a) [amending this section] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Jan. 28, 2008].’’ TRAVEL TO UNITED STATES FOR IMMEDIATE FAMILY OF EMPLOYEES SERVING ABROAD Pub. L. 110–161, div. D, title VII, § 701, Dec. 26, 2007, 121 Stat. 2019, provided that: ‘‘Hereafter, funds appro- priated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee.’’ Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (b) of this sec- tion to prescribe regulations with respect to payment of expenses when an employee dies delegated to Admin- istrator of General Services, see section 1(13) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. Authority of President under subsec. (e) of this sec- tion delegated to Office of Personnel Management by section 6(b) of Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under section 5301 of this title. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS Editorial Notes AMENDMENTS 1970—Pub. L. 91–563, § 4(a), Dec. 19, 1970, 84 Stat. 1477, added heading of Subchapter IV. § 5751. Travel expenses of witnesses (a) Under such regulations as the Attorney General may prescribe, an employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) summoned, or as- signed by his agency, to testify or produce offi- cial records on behalf of the United States is en- titled to travel expenses under subchapter I of this chapter. If the case involves the activity in connection with which he is employed, the trav- el expenses are paid from the appropriation oth- erwise available for travel expenses of the em- ployee under proper certification by a certifying official of the agency concerned. If the case does not involve its activity, the employing agency may advance or pay the travel expenses of the employee, and later obtain reimbursement from the agency properly chargeable with the travel expenses. (b) An employee as defined by section 2105 of this title (except an individual whose pay is dis- bursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) summoned, or assigned by his agency, to testify in his official capacity or produce official records, on behalf of a party other than the United States, is entitled to trav- el expenses under subchapter I of this chapter, except to the extent that travel expenses are paid to the employee for his appearance by the court, authority, or party which caused him to be summoned. (Added Pub. L. 91–563, § 4(a), Dec. 19, 1970, 84 Stat. 1477; amended Pub. L. 104–186, title II, § 215(9), Aug. 20, 1996, 110 Stat. 1746.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–186 substituted ‘‘Chief Administra- tive Officer’’ for ‘‘Clerk’’ in subsecs. (a) and (b). § 5752. Travel expenses of Senior Executive Serv- ice candidates Employing agencies may pay candidates for Senior Executive Service positions travel ex- penses incurred incident to preemployment interviews requested by the employing agency. (Added Pub. L. 95–454, title IV, § 409(b), Oct. 13, 1978, 92 Stat. 1173.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title. § 5753. Recruitment and relocation bonuses (a)(1) This section may be applied to— (A) employees covered by the General Sched- ule pay system established under subchapter III of chapter 53; and (B) employees in a category approved by the Office of Personnel Management at the re- quest of the head of an Executive agency. (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 ap- pointed by the President, by and with the ad- vice and consent of the Senate, excluding members of the Foreign Service other than chiefs of mission and ambassadors at large; (B) a position in the Senior Executive Serv- ice as a noncareer appointee (as such term is defined under section 3132(a)); or (C) a position which has been excepted from the competitive service by reason of its con- fidential, policy-determining, policy-making, or policy-advocating character. (3) In this section, the term ‘‘employee’’ has the meaning given that term in section 2105, ex- cept 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 relo- cate (as described in paragraph (2)(B)) is likely to be difficult to fill in the absence of such a bonus; and (2) the individual— (A) is newly appointed as an employee of the Federal Government; or (B)(i) is currently employed by the Federal Government; and (ii)(I) moves to a new position in the same geographic area under circumstances de- scribed in regulations of the Office; or (II) must relocate to accept a position in a different geographic area. Page 757 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5753 (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 regula- tion, prescribe a minimum service period for purposes of this section. (2)(A) The agreement shall include— (i) the commencement and termination dates of the required service period (or provi- sions for the determination thereof); (ii) the amount of the bonus; (iii) the method of payment; and (iv) other terms and conditions under which the bonus is payable, subject to the require- ments of this section and regulations of the Office. (B) The terms and conditions for paying a bonus, as specified in the service agreement, shall include— (i) the conditions under which the agree- ment may be terminated before the agreed- upon service period has been completed; and (ii) the effect of the termination. (C) The required service period shall com- mence upon the commencement of service with the agency or movement to a new position or ge- ographic area, as applicable, unless the service agreement provides for a later commencement date in circumstances and to the extent allow- able 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 per- cent of the annual rate of basic pay of the em- ployee 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. (2) A bonus under this section may be paid as an initial lump sum, in installments, as a final lump sum upon the completion of the full period of service required by the agreement, or in a combination of these forms of payment. (3) A bonus under this section is not part of the basic pay of an employee for any purpose. (4) Under regulations of the Office, a recruit- ment bonus under this section may be paid to an eligible individual before that individual enters on duty. (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 an- nual 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 sub- section (c). (f) The Office shall require that an agency es- tablish a plan for the payment of recruitment bonuses before paying any such bonuses, and a plan for the payment of relocation bonuses be- fore paying any such bonuses, subject to regula- tions prescribed by the Office. (g) The Office may prescribe regulations to carry out this section, including regulations re- lating to the repayment of a bonus under this section in appropriate circumstances when the agreed-upon service period has not been com- pleted. (Added Pub. L. 108–411, title I, § 101(a)(1), Oct. 30, 2004, 118 Stat. 2305; amended Pub. L. 114–323, title IV, § 412(1), Dec. 16, 2016, 130 Stat. 1932.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (a)(1)(A), is set out under section 5332 of this title. PRIOR PROVISIONS A prior section 5753, added Pub. L. 101–509, title V, § 529 [title II, § 208(a)], Nov. 5, 1990, 104 Stat. 1427, 1458, which related to recruitment and relocation bonuses, was repealed by Pub. L. 108–411, title I, § 101(a)(1), Oct. 30, 2004, 118 Stat. 2305. AMENDMENTS 2016—Subsec. (a)(2)(A). Pub. L. 114–323 inserted ‘‘, excluding members of the Foreign Service other than chiefs of mission and ambassadors at large’’ before semicolon at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 108–411, title I, § 101(d), Oct. 30, 2004, 118 Stat. 2310, provided that: ‘‘(1) EFFECTIVE DATE.—Except as provided under para- graphs (2) and (3), this section [enacting this section and section 5754 of this title, repealing former sections 5753 and 5754 of this title, and amending provisions set out as a note under section 5305 of this title] shall take effect on the first day of the first applicable pay period beginning on or after the 180th day after the date of the enactment of this Act [Oct. 30, 2004]. ‘‘(2) APPLICATION TO AGREEMENTS.—A recruitment or relocation bonus service agreement that was author- ized under section 5753 of title 5, United States Code, before the effective date under paragraph (1) shall con- tinue, until its expiration, to be subject to such section as in effect on the day before such effective date. ‘‘(3) APPLICATION TO ALLOWANCES.—Payment of a re- tention allowance that was authorized under section 5754 of title 5, United States Code, before the effective date under paragraph (1) shall continue, subject to such section as in effect on the day before such effective date, until the retention allowance is reauthorized or terminated (but no longer than 1 year after such effec- tive date).’’ INCENTIVES FOR CRITICAL POSTS Pub. L. 111–32, title XI, § 1115(d), June 24, 2009, 123 Stat. 1906, as amended by Pub. L. 117–81, div. E, title LIII, § 5315, Dec. 27, 2021, 135 Stat. 2366, provided that: ‘‘Notwithstanding sections 5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United States Code, appropria- tions made available by this or any other Act may be used to pay recruitment, relocation, and retention bo- nuses under chapter 57 of title 5, United States Code[,] to members of the Foreign Service, other than chiefs of mission and ambassadors at large, who are on official duty in Iraq, Afghanistan, or Pakistan.’’ [Pub. L. 118–47, div. F, title VII, § 7034(k)(1), Mar. 23, 2024, 138 Stat. 791, provided that: ‘‘The authority con- tained in section 1115(d) of the Supplemental Appro- priations Act, 2009 (Public Law 111–32) [set out above] shall remain in effect through September 30, 2024.’’] Page 758 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5754 [Pub. L. 117–328, div. K, title VII, § 7034(l)(1), Dec. 29, 2022, 136 Stat. 5032, provided that: ‘‘The authority con- tained in section 1115(d) of the Supplemental Appro- priations Act, 2009 (Public Law 111–32) [set out above] shall remain in effect through September 30, 2023.’’] § 5754. Retention bonuses (a)(1) This section may be applied to— (A) employees covered by the General Sched- ule pay system established under subchapter III of chapter 53; and (B) employees in a category approved by the Office of Personnel Management at the re- quest of the head of an Executive agency. (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 ap- pointed by the President, by and with the ad- vice and consent of the Senate, excluding members of the Foreign Service other than chiefs of mission and ambassadors at large; (B) a position in the Senior Executive Serv- ice as a noncareer appointee (as such term is defined under section 3132(a)); or (C) a position which has been excepted from the competitive service by reason of its con- fidential, policy-determining, policy-making, or policy-advocating character. (3) In this section, the term ‘‘employee’’ has the meaning given that term in section 2105, ex- cept 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 reten- tion bonus to an employee if— (1) the unusually high or unique qualifica- tions of the employee or a special need of the agency for the employee’s services makes it essential to retain the employee; and (2) the agency determines that, in the ab- sence of a retention bonus, the employee would be likely to leave— (A) the Federal service; or (B) for a different position in the Federal service under conditions described in regula- tions of the Office. (c) The Office may authorize the head of an agency to pay retention bonuses to a group of employees in 1 or more categories of positions in 1 or more geographic areas, subject to the re- quirements of subsection (b)(1) and regulations prescribed by the Office, if there is a high risk that a significant portion of employees in the group would be likely to leave in the absence of retention bonuses. (d)(1) Payment of a retention bonus is contin- gent upon the employee entering into a written service agreement with the agency to complete a period of employment with the agency. (2)(A) The agreement shall include— (i) the length of the required service period; (ii) the amount of the bonus; (iii) the method of payment; and (iv) other terms and conditions under which the bonus is payable, subject to the require- ments of this section and regulations of the Office. (B) The terms and conditions for paying a bonus, as specified in the service agreement, shall include— (i) the conditions under which the agree- ment may be terminated before the agreed- upon service period has been completed; and (ii) the effect of the termination. (3)(A) Notwithstanding paragraph (1), a writ- ten service agreement is not required if the agency pays a retention bonus in biweekly in- stallments and sets the installment payment at the full bonus percentage rate established for the employee with no portion of the bonus de- ferred. (B) If an agency pays a retention bonus in ac- cordance with subparagraph (A) and makes a de- termination to terminate the payments, the agency shall provide written notice to the em- ployee of that determination. Except as pro- vided in regulations of the Office, the employee shall continue to be paid the retention bonus through the end of the pay period in which such written notice is provided. (4) A retention bonus for an employee may not be based on any period of such service which is the basis for a recruitment or relocation bonus under section 5753. (e)(1) Except as provided in subsection (f), a re- tention bonus, which shall be stated as a per- centage of the employee’s basic pay for the serv- ice period associated with the bonus, may not exceed— (A) 25 percent of the employee’s basic pay if paid under subsection (b); or (B) 10 percent of an employee’s basic pay if paid under subsection (c). (2)(A) A retention bonus may be paid to an em- ployee in installments after completion of speci- fied periods of service or in a single lump sum at the end of the full period of service required by the agreement. (B) An installment payment is derived by mul- tiplying the amount of basic pay earned in the installment period by a percentage not to exceed the bonus percentage rate established for the employee. (C) If the installment payment percentage es- tablished for the employee is less than the bonus percentage rate established for the employee, the accrued but unpaid portion of the bonus is payable as part of the final installment payment to the employee after completion of the full service period under the terms of the service agreement. (D) For purposes of this paragraph, the bonus percentage rate established for an employee means the bonus percentage rate established for such employee in accordance with paragraph (1) or subsection (f), as the case may be. (3) A retention bonus is not part of the basic pay of an employee for any purpose. (f) Upon the request of the head of an agency, the Office may waive the limit established under subsection (e)(1) and permit the agency head to pay an otherwise eligible employee or category of employees retention bonuses of up to 50 per- cent of basic pay, based on a critical agency need. (g) The Office shall require that, before paying any bonuses under this section, an agency shall establish a plan for the payment of any such bo- nuses, subject to regulations prescribed by the Office.