
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5753]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
           CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 5753. Recruitment and relocation bonuses

    (a) The Office of Personnel Management may authorize the head of an 
agency to pay a bonus to an employee who is newly appointed to a 
position under the General Schedule, or to an employee under the General 
Schedule or under any other pay authority in the executive, legislative, 
or judicial branch who must relocate to accept a position under the 
General Schedule, if the Office determines that the agency would be 
likely, in the absence of such a bonus, to encounter difficulty in 
filling the position.
    (b)(1)(A) The amount of a bonus under this section shall be 
determined by regulations of the Office, but may not exceed 25 percent 
of the annual rate of basic pay of the position to which the employee is 
being appointed or relocated.
    (B) For purposes of computing a percentage of a rate of basic pay 
under subparagraph (A), the rate of basic pay used shall be determined 
without taking into account any comparability payment under section 
5304.
    (2) Payment of a bonus under this section shall be contingent upon 
the employee entering into an agreement with the agency to complete a 
period of employment with the agency, with the required period 
determined pursuant to regulations of the Office. If the employee 
voluntarily fails to complete such period of service or is separated 
from the service before completion of such period of service for cause 
on charges of misconduct or delinquency, the employee shall repay the 
bonus on a pro rata basis.
    (3) A bonus under this section shall be paid as a lump sum, and may 
not be considered to be part of the basic pay of an employee.
    (4) Under regulations of the Office, a recruitment bonus may be paid 
to a newly-hired employee before the employee enters on duty.
    (c) For the purpose of this section--
        (1) the terms ``agency'' and ``employee'' have the meanings 
    given them by section 5102; and
        (2) any reference to ``a position under the General Schedule'' 
    or ``an employee under the General Schedule'' shall be considered to 
    be a reference to any position or employee to which subchapter III 
    of chapter 53 applies.

    (d) The Office shall prescribe such regulations as it considers 
necessary for the administration of subsections (a) through (c).
    (e) At the request of the head of an Executive agency, the President 
may authorize the application of the preceding provisions of this 
section with respect to 1 or more categories of employees within such 
agency who would not otherwise be covered by this section (including 
authority under subsection (d) to prescribe any necessary regulations).

(Added Pub. L. 101-509, title V, Sec. 529 [title II, Sec. 208(a)], Nov. 
5, 1990, 104 Stat. 1427, 1458.)


                             Effective Date

    Section effective on such date as the President shall determine, but 
not earlier than 90 days, and not later than 180 days, after Nov. 5, 
1990, see section 529 [title III, Sec. 305] of Pub. L. 101-509, set out 
as an Effective Date of 1990 Amendment note under section 5301 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5307, 9504 of this title; 
title 38 section 7410.
