---
kind: "section"
citation: "5 U.S.C. § 10104"
title: "5"
title_heading: "Government Organization and Employees"
number: "10104"
heading: "Recruitment bonuses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/10104"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 101 — Federal Emergency Management Agency Personnel"
---

# §10104. Recruitment bonuses

- (a) **In General.—** The [Administrator](/usc/5/9801.md?p=2) may [pay](/usc/5/7511.md?p=a-4) a bonus to an individual in order to recruit the individual for a [position](/usc/5/5102.md?p=a-3) within the [Agency](/usc/5/3132.md?p=a-1) 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](/usc/5/9801.md?p=2), but may not exceed 25 percent of the annual rate of [basic pay](/usc/5/8401.md?p=4) of the [position](/usc/5/5102.md?p=a-3) 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](/usc/5/8401.md?p=4).
- (c) **Service Agreements.—** Payment of a bonus under this section shall be contingent upon the [employee](/usc/5/4701.md?p=a-2) entering into a written [service](/usc/5/8401.md?p=26) agreement with the [Agency](/usc/5/3132.md?p=a-1). The agreement shall include—
  - (1) the period of [service](/usc/5/8401.md?p=26) 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](/usc/5/8401.md?p=26) 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](/usc/5/5102.md?p=a-3) to which an individual is appointed by the President, by and with the advice and consent of the Senate;
  - (2) a [position](/usc/5/5102.md?p=a-3) in the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) as a [noncareer appointee](/usc/5/3132.md?p=a-7) (as defined in [section 3132(a)](/usc/5/3132.md?p=a)); or
  - (3) a [position](/usc/5/5102.md?p=a-3) which has been excepted from the competitive [service](/usc/5/8401.md?p=26) by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
- (e) **Termination.—** The [authority](/usc/5/7103.md?p=a-6) to [pay](/usc/5/7511.md?p=a-4) bonuses under this section shall terminate 5 years after the date of enactment of this chapter.
- (f) **Reports.—**
  - (1) **In general.—** The [Agency](/usc/5/3132.md?p=a-1) shall submit to the [appropriate committees of Congress](/usc/5/9801.md?p=6), 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](/usc/5/7103.md?p=a-6) to [pay](/usc/5/7511.md?p=a-4) bonuses under this section was used by the [Agency](/usc/5/3132.md?p=a-1), including—
    - (A) the number and dollar amount of bonuses paid to individuals holding [positions](/usc/5/5102.md?p=a-3) within each [pay](/usc/5/7511.md?p=a-4) [grade](/usc/5/5102.md?p=a-5), [pay](/usc/5/7511.md?p=a-4) level, or other [pay](/usc/5/7511.md?p=a-4) 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.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this chapter, referred to in subsec. (e), is the date of enactment of Pub. L. 109–295, which was approved Oct. 4, 2006.