---
kind: "section"
citation: "5 U.S.C. § 10105"
title: "5"
title_heading: "Government Organization and Employees"
number: "10105"
heading: "Retention bonuses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/10105"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 101 — Federal Emergency Management Agency Personnel"
---

# §10105. Retention bonuses

- (a) **Authority.—** The [Administrator](/usc/5/9801.md?p=2) may [pay](/usc/5/7511.md?p=a-4), on a case-by-case basis, a bonus under this section to an [employee](/usc/5/4701.md?p=a-2) of the [Agency](/usc/5/3132.md?p=a-1) if—
  - (1) the unusually high or unique qualifications of the [employee](/usc/5/4701.md?p=a-2) or a special need of the [Agency](/usc/5/3132.md?p=a-1) for the [employee](/usc/5/4701.md?p=a-2)’s [services](/usc/5/8401.md?p=26) makes it essential to retain the [employee](/usc/5/4701.md?p=a-2); and
  - (2) the [Administrator](/usc/5/9801.md?p=2) determines that, in the absence of such a bonus, the [employee](/usc/5/4701.md?p=a-2) would be likely to leave—
    - (A) the [Federal service](/usc/5/8521.md?p=a-1); or
    - (B) for a different [position](/usc/5/5102.md?p=a-3) in the [Federal service](/usc/5/8521.md?p=a-1).
- (b) **Service Agreement.—** Payment of a bonus under this section is 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) to complete a period of [service](/usc/5/8401.md?p=26) with the [Agency](/usc/5/3132.md?p=a-1). Such 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.
- (c) **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).
- (d) **Limitation.—** A bonus under this section—
  - (1) may not be based on any period of [service](/usc/5/8401.md?p=26) which is the basis for a recruitment bonus under [section 10104](/usc/5/10104.md);
  - (2) may not be paid to an individual who is appointed to or holds—
    - (A) 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;
    - (B) 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
    - (C) 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; and
  - (3) upon completion of the strategic human capital plan, shall be paid in accordance with that plan.
- (e) **Termination of Authority.—** The [authority](/usc/5/7103.md?p=a-6) to grant bonuses under this section shall expire 5 years after the date of enactment of this chapter.
- (f) **Reports.—**
  - (1) **In general.—** The [Office](/usc/5/5402.md?p=3) of Personnel Management shall submit to the [appropriate committees of Congress](/usc/5/9801.md?p=6), annually for each of the first 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, with respect to each such [agency](/usc/5/3132.md?p=a-1)—
    - (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.