5 USC § 10104 - Recruitment bonuses

---
identifier: "/us/usc/t5/s10104"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 10104 - Recruitment bonuses"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "10104"
section_name: "Recruitment bonuses"
chapter_number: 101
chapter_name: "FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL"
part_number: "III"
part_name: "EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1414.)"
---


# § 10104. Recruitment bonuses

**(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.

**(b)** **Bonus Amount.—**

**(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.

**(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.

**(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—

**(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.

**(d)** **Eligibility.—** A bonus under this section may not be paid to an individual who is appointed to or holds—

**(1)** a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;

**(2)** a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or

**(3)** a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.

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

**(f)** **Reports.—**

**(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.

**(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—

**(A)** the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and

**(B)** a determination of the extent to which such bonuses furthered the purposes of this section.

---

**Source Credit**: (Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1414.)

## Editorial Notes

### References in Text

The date of enactment of this chapter, referred to in subsec. (e), is the date of enactment of , which was approved .