5 U.S.C. § 5756 — Home marketing incentive payment

Page 759 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5756 (h) The Office may prescribe regulations to carry out this section. (Added Pub. L. 108–411, title I, § 101(a)(1), Oct. 30, 2004, 118 Stat. 2307; amended Pub. L. 114–323, title IV, § 412(2), 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 5754, added Pub. L. 101–509, title V, § 529 [title II, § 208(a)], Nov. 5, 1990, 104 Stat. 1427, 1459, which related to retention allowances, was repealed by Pub.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 Section effective on the first day of the first applica- ble pay period beginning on or after the 180th day after Oct. 30, 2004, with exception for payment of certain re- tention allowances, see section 101(d) of Pub. L. 108–411, set out as a note under section 5753 of this title. § 5755. Supervisory differentials (a)(1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate em- ployees would, in the absence of such a differen- tial, be paid more than the supervisory em- ployee. (2) For the purposes of comparing the pay of a supervisory employee under the General Sched- ule with the pay of a subordinate employee not under the General Schedule, comparability pay- ments under section 5304, differentials, and al- lowances that are not a part of basic pay may be taken into consideration, as provided by regula- tions of the Office. (b)(1) A supervisory differential, which shall be stated as a percentage of the supervisory em- ployee’s rate of basic pay (excluding any com- parability payments under section 5304) or as a dollar amount, may not cause the supervisory employee’s pay to exceed the pay of the highest paid subordinate employee by more than 3 per- cent. (2) A supervisory differential may not be con- sidered to be part of the basic pay of an em- ployee, and the reduction or elimination of a su- pervisory differential may not be appealed. The preceding sentence shall not be construed to ex- tinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). (3) A supervisory differential shall be paid in the same manner and at the same time as the employee’s basic pay is paid. (c) For the purpose of this section— (1) the terms ‘‘agency’’ and ‘‘employee’’ have the meanings given them by section 5102; and (2) any reference to ‘‘an employee under the General Schedule’’ shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies. (d) The Office shall prescribe such regulations as it considers necessary for the administration of this section. (Added Pub. L. 101–509, title V, § 529 [title II, § 211(a)], Nov. 5, 1990, 104 Stat. 1427, 1461; amend- ed Pub. L. 115–73, title I, § 107(a)(2)(B), Oct. 26, 2017, 131 Stat. 1239; Pub. L. 115–91, div. A, title X, § 1097(b)(3)(B), Dec. 12, 2017, 131 Stat. 1617.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsecs. (a)(1), (2) and (c)(2), is set out under section 5332 of this title. AMENDMENTS 2017—Subsec. (b)(2). Pub. L. 115–91 substituted ‘‘sec- tion 2302(d)’’ for ‘‘section 2302(c)’’. Pub. L. 115–73 substituted ‘‘section 2302(c)’’ for ‘‘sec- tion 2302(d)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title. § 5756. Home marketing incentive payment (a) Under regulations prescribed under sub- section (b), an agency may pay to an employee who transfers in the interest of the Government an amount to encourage the employee to aggres- sively market the employee’s residence at the official station from which transferred when— (1) the residence is entered into a relocation services program established under a contract in accordance with section 5724c of this title to arrange for the purchase of the residence; (2) the employee finds a buyer who com- pletes the purchase of the residence through the program; and (3) the sale of the residence results in a re- duced cost to the Government. (b)(1) The Administrator of General Services shall prescribe regulations to carry out this sec- tion. (2) The regulations shall include a limitation on the maximum amount payable with respect to an employee’s residence. The Administrator shall establish the limitation in consultation with the Director of the Office of Management and Budget. For fiscal years 1997 and 1998, the maximum amount shall be the amount equal to five percent of the sale price of the residence. (Added Pub. L. 104–201, div. A, title XVII, § 1717, Sept. 23, 1996, 110 Stat. 2757.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Sept. 23, 1996, see sec- tion 1725(a) of Pub. L. 104–201, set out as an Effective Page 760 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5757 1 Another section 5757 is set out after this section. 1 Another section 5757 is set out preceding this section. 1 So in original. No section 5758 has been enacted. Date of 1996 Amendment note under section 5722 of this title. § 5757.1 Payment of expenses to obtain profes- sional credentials (a) An agency may use appropriated funds or funds otherwise available to the agency to pay for— (1) expenses for employees to obtain profes- sional credentials, including expenses for pro- fessional accreditation, State-imposed and professional licenses, and professional certifi- cation; and (2) examinations to obtain such credentials. (b) The authority under subsection (a) may not be exercised on behalf of any employee occu- pying or seeking to qualify for appointment to any position that is excepted from the competi- tive service because of the confidential, policy- determining, policy-making, or policy-advo- cating character of the position. (Added Pub. L. 107–107, div. A, title XI, § 1112(a), Dec. 28, 2001, 115 Stat. 1238.) § 5757.1 Extended assignment incentive (a) The head of an Executive agency may pay an extended assignment incentive to an em- ployee if— (1) the employee has completed at least 2 years of continuous service in 1 or more civil service positions located in a territory or pos- session of the United States, the Common- wealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands; (2) the agency determines that replacing the employee with another employee possessing the required qualifications and experience would be difficult; and (3) the agency determines it is in the best in- terest of the Government to encourage the employee to complete a specified additional period of employment with the agency in the territory or possession, the Commonwealth of Puerto Rico or Commonwealth of the North- ern Mariana Islands, except that the total amount of service performed in a particular territory, commonwealth, or possession under 1 or more agreements established under this section may not exceed 5 years. (b) The sum of extended assignment incentive payments for a service period may not exceed the greater of— (1) an amount equal to 25 percent of the an- nual rate of basic pay of the employee at the beginning of the service period, times the number of years in the service period; or (2) $15,000 per year in the service period. (c)(1) Payment of an extended assignment in- centive shall be contingent upon the employee entering into a written agreement with the agency specifying the period of service and other terms and conditions under which the extended assignment incentive is payable. (2) The agreement shall set forth the method of payment, including any use of an initial lump-sum payment, installment payments, or a final lump-sum payment upon completion of the entire period of service. (3) The agreement shall describe the condi- tions under which the extended assignment in- centive may be canceled prior to the completion of agreed-upon service period and the effect of the cancellation. The agreement shall require that if, at the time of cancellation of the incen- tive, the employee has received incentive pay- ments which exceed the amount which bears the same relationship to the total amount to be paid under the agreement as the completed service period bears to the agreed-upon service period, the employee shall repay that excess amount, at a minimum, except that an employee who is in- voluntarily reassigned to a position stationed outside the territory, commonwealth, or posses- sion or involuntarily separated (not for cause on charges of misconduct, delinquency, or ineffi- ciency) may not be required to repay any excess amounts. (d) An agency may not put an extended assign- ment incentive into effect during a period in which the employee is fulfilling a recruitment or relocation bonus service agreement under section 5753 or for which an employee is receiv- ing a retention allowance under section 5754. (e) Extended assignment incentive payments may not be considered part of the basic pay of an employee. (f) The Office of Personnel Management may prescribe regulations for the administration of this section, including regulations on an em- ployee’s entitlement to retain or receive incen- tive payments when an agreement is canceled. Neither this section nor implementing regula- tions may impair any agency’s independent au- thority to administratively determine com- pensation for a class of its employees. (Added Pub. L. 107–273, div. A, title II, § 207(a)(1), Nov. 2, 2002, 116 Stat. 1779.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first applica- ble pay period beginning on or after 6 months after Nov. 2, 2002, see section 207(c) of Pub. L. 107–273, set out as an Effective Date of 2002 Amendment note under sec- tion 5307 of this title. REPORT Pub. L. 107–273, div. A, title II, § 207(d), Nov. 2, 2002, 116 Stat. 1780, required, no later than 3 years after the ef- fective date of this section (see Effective Date note above), the Office of Personnel Management to submit a report to Congress related to effectiveness of the ex- tended assignment incentive authority. § 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 Manage- ment, 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 quali- fications of the employee or a special need of