§ 10104. Recruitment bonuses

• (a) 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)
  • (1) 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) 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) 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) 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) The authority to pay bonuses under this section shall terminate 5 years after the date of enactment of this chapter.
• (f)
  • (1) 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) 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.