# § 5759.1 Retention and relocation bonuses for the Federal Bureau of Investigation
So in original. No section 5758 has been enacted.
**(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.
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**Source Credit**: (Added Pub. L. 108–447, div. B, title I, § 113(a), Dec. 8, 2004, 118 Stat. 2868; amended Pub. L. 111–117, div. B, title II, § 217, Dec. 16, 2009, 123 Stat. 3141; Pub. L. 111–259, title IV, § 443, Oct. 7, 2010, 124 Stat. 2733.)
## Editorial Notes
### Amendments
2010—Subsec. (a)(2). , substituted “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” for “is transferred to a different geographic area with a higher cost of living”.
Subsec. (b)(2). , substituted “, including requirements for a bonus recipient’s repayment of a bonus in circumstances determined by the Director of the Federal Bureau of Investigation.” for the period.
Subsec. (c). , substituted “annual rate of basic pay. The bonus may be paid in a lump sum or installments linked to completion of periods of service.” for “basic pay.”
Subsec. (d). , substituted “bonus paid under this section” for “retention bonus”.
2009—Subsec. (e). struck out subsec. (e). Text read as follows: “The authority to grant bonuses under this section shall cease to be available after .”