§ 10104 Recruitment bonuses

5 U.S.C. 10104(a)(a) In General.—The Administrator may pay a bonus to an individual in order to recruit the individual for a position within the Agency that would otherwise be difficult to fill in the absence of such a bonus. Upon completion of the strategic human capital plan, such bonuses shall be paid in accordance with that plan.

5 U.S.C. 10104(b)(b) Bonus Amount.—

5 U.S.C. 10104(b)(1)(1) In general.—The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved.

5 U.S.C. 10104(b)(2)(2) Form of payment.—A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay.

5 U.S.C. 10104(c)(c) Service Agreements.—Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Agency. The agreement shall include—

5 U.S.C. 10104(c)(1)(1) the period of service the individual shall be required to complete in return for the bonus; and

5 U.S.C. 10104(c)(2)(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.

5 U.S.C. 10104(d)(d) Eligibility.—A bonus under this section may not be paid to an individual who is appointed to or holds—

5 U.S.C. 10104(d)(1)(1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;

5 U.S.C. 10104(d)(2)(2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or

5 U.S.C. 10104(d)(3)(3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.

5 U.S.C. 10104(e)(e) Termination.—The authority to pay bonuses under this section shall terminate 5 years after the date of enactment of this chapter.

5 U.S.C. 10104(f)(f) Reports.—

5 U.S.C. 10104(f)(1)(1) In general.—The Agency shall submit to the appropriate committees of Congress, annually for each of the 5 years during which this section is in effect, a report on the operation of this section.

5 U.S.C. 10104(f)(2)(2) Contents.—Each report submitted under this subsection shall include, with respect to the period covered by such report, a description of how the authority to pay bonuses under this section was used by the Agency, including—

5 U.S.C. 10104(f)(2)(A)(A) the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and

5 U.S.C. 10104(f)(2)(B)(B) a determination of the extent to which such bonuses furthered the purposes of this section.