Statutory text
5 U.S.C. § 5759
(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.
