---
kind: "section"
citation: "5 U.S.C. § 5753"
title: "5"
title_heading: "Government Organization and Employees"
number: "5753"
heading: "Recruitment and relocation bonuses"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5753"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 57 — Travel, Transportation, and Subsistence"
  - "Subchapter IV — Miscellaneous Provisions"
---

# §5753. Recruitment and relocation bonuses

- (a)
  - (1) This section may be applied to—
    - (A) [employees](/usc/5/5701.md?p=2) covered by the General Schedule [pay](/usc/5/7511.md?p=a-4) [system](/usc/5/8401.md?p=29) established under subchapter III of [chapter 53](/usc/5/chptIII/sptD/ch53.md); and
    - (B) [employees](/usc/5/5701.md?p=2) in a category approved by the [Office](/usc/5/5402.md?p=3) of Personnel Management at the request of the head of an [Executive agency](/usc/5/6501.md?p=2).
  - (2) A bonus may not be paid under this section to an individual who is appointed to or who 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, excluding [members](/usc/5/8401.md?p=20) of the Foreign [Service](/usc/5/8401.md?p=26) other than chiefs of mission and ambassadors at large;
    - (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 such term is defined under [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.
  - (3) In this section, the term “[employee](/usc/5/5701.md?p=2)” has the meaning given that term in [section 2105](/usc/5/2105.md), except that such term also includes an [employee](/usc/5/5701.md?p=2) described in [subsection (c)](/usc/5/2105.md?p=c) of that section.
- (b) The [Office](/usc/5/5402.md?p=3) of Personnel Management may authorize the head of an [agency](/usc/5/5701.md?p=1) to [pay](/usc/5/7511.md?p=a-4) a bonus under this section to an individual only if—
  - (1) the [position](/usc/5/5102.md?p=a-3) to which such individual is appointed (as described in [paragraph (2)(A)](#b-2-A)) or to which such individual moves or must relocate (as described in [paragraph (2)(B)](#b-2-B)) is likely to be difficult to fill in the absence of such a bonus; and
  - (2) the individual—
    - (A) is newly appointed as an [employee](/usc/5/5701.md?p=2) of the Federal [Government](/usc/5/5701.md?p=5); or
    - (B)
      - (i) is currently employed by the Federal [Government](/usc/5/5701.md?p=5); and
      - (ii)
        - (I) moves to a new [position](/usc/5/5102.md?p=a-3) in the same geographic area under circumstances described in regulations of the [Office](/usc/5/5402.md?p=3); or
        - (II) must relocate to accept a [position](/usc/5/5102.md?p=a-3) in a different geographic area.
- (c)
  - (1) Payment of a bonus under this section shall be contingent upon the [employee](/usc/5/5701.md?p=2) entering into a written [service](/usc/5/8401.md?p=26) agreement to complete a period of employment with the [agency](/usc/5/5701.md?p=1), not longer than 4 years. The [Office](/usc/5/5402.md?p=3) may, by regulation, prescribe a minimum [service](/usc/5/8401.md?p=26) period for purposes of this section.
  - (2)
    - (A) The agreement shall include—
      - (i) the commencement and termination dates of the required [service](/usc/5/8401.md?p=26) period (or provisions for the determination thereof);
      - (ii) the amount of the bonus;
      - (iii) the method of payment; and
      - (iv) other terms and conditions under which the bonus is payable, subject to the requirements of this section and regulations of the [Office](/usc/5/5402.md?p=3).
    - (B) The terms and conditions for paying a bonus, as specified in the [service](/usc/5/8401.md?p=26) agreement, shall include—
      - (i) 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
      - (ii) the effect of the termination.
    - (C) The required [service](/usc/5/8401.md?p=26) period shall commence upon the commencement of [service](/usc/5/8401.md?p=26) with the [agency](/usc/5/5701.md?p=1) or movement to a new [position](/usc/5/5102.md?p=a-3) or geographic area, as applicable, unless the [service](/usc/5/8401.md?p=26) agreement provides for a later commencement date in circumstances and to the extent allowable under regulations of the [Office](/usc/5/5402.md?p=3), such as when there is an initial period of formal basic [training](/usc/5/4101.md?p=4).
- (d)
  - (1) Except as provided in [subsection (e)](#e), a bonus under this section shall not exceed 25 percent of the annual rate of [basic pay](/usc/5/8401.md?p=4) of the [employee](/usc/5/5701.md?p=2) at the beginning of the [service](/usc/5/8401.md?p=26) period multiplied by the number of years (including a fractional part of a year, as determined under regulations of the [Office](/usc/5/5402.md?p=3)) in the required [service](/usc/5/8401.md?p=26) period of the [employee](/usc/5/5701.md?p=2) involved.
  - (2) A bonus under this section may be paid as an initial lump sum, in installments, as a final lump sum upon the completion of the full period of [service](/usc/5/8401.md?p=26) required by the agreement, or in a combination of these forms of payment.
  - (3) A bonus under this section is not part of the [basic pay](/usc/5/8401.md?p=4) of an [employee](/usc/5/5701.md?p=2) for any purpose.
  - (4) Under regulations of the [Office](/usc/5/5402.md?p=3), a recruitment bonus under this section may be paid to an [eligible individual](/usc/5/8951.md?p=3) before that individual enters on duty.
- (e) The [Office](/usc/5/5402.md?p=3) may authorize the head of an [agency](/usc/5/5701.md?p=1) to waive the limitation under [subsection (d)(1)](#d-1) based on a critical [agency](/usc/5/5701.md?p=1) need, subject to regulations prescribed by the [Office](/usc/5/5402.md?p=3). Under such a waiver, the maximum bonus allowable shall—
  - (1) be equal to the maximum that would be determined if [subsection (d)(1)](#d-1) were applied by substituting “50” for “25”; but
  - (2) in no event exceed 100 percent of the annual rate of [basic pay](/usc/5/8401.md?p=4) of the [employee](/usc/5/5701.md?p=2) at the beginning of the [service](/usc/5/8401.md?p=26) period.

  Nothing in this subsection shall be considered to permit the waiver of any requirement under [subsection (c)](#c).

- (f) The [Office](/usc/5/5402.md?p=3) shall require that an [agency](/usc/5/5701.md?p=1) establish a plan for the payment of recruitment bonuses before paying any such bonuses, and a plan for the payment of relocation bonuses before paying any such bonuses, subject to regulations prescribed by the [Office](/usc/5/5402.md?p=3).
- (g) The [Office](/usc/5/5402.md?p=3) may prescribe regulations to carry out this section, including regulations relating to the repayment of a bonus under this section in appropriate circumstances when the agreed-upon [service](/usc/5/8401.md?p=26) period has not been completed.

## Source credit

(Added Pub. L. 108–411, title I, § 101(a)(1), Oct. 30, 2004, 118 Stat. 2305; amended Pub. L. 114–323, title IV, § 412(1), Dec. 16, 2016, 130 Stat. 1932.)

## Notes

### Editorial Notes

### References in Text

The General Schedule, referred to in subsec. (a)(1)(A), is set out under section 5332 of this title.

### Prior Provisions

A prior section 5753, added Pub. L. 101–509, title V, § 529 [title II, § 208(a)], Nov. 5, 1990, 104 Stat. 1427, 1458, which related to recruitment and relocation bonuses, was repealed by Pub. L. 108–411, title I, § 101(a)(1), Oct. 30, 2004, 118 Stat. 2305.

### Amendments

2016—Subsec. (a)(2)(A). Pub. L. 114–323 inserted “, excluding members of the Foreign Service other than chiefs of mission and ambassadors at large” before semicolon at end.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 108–411, title I, § 101(d), Oct. 30, 2004, 118 Stat. 2310, provided that: Effective date.—Except as provided under paragraphs (2) and (3), this section [enacting this section and section 5754 of this title, repealing former sections 5753 and 5754 of this title, and amending provisions set out as a note under section 5305 of this title] shall take effect on the first day of the first applicable pay period beginning on or after the 180th day after the date of the enactment of this Act [Oct. 30, 2004]. Application to agreements.—A recruitment or relocation bonus service agreement that was authorized under section 5753 of title 5, United States Code, before the effective date under paragraph (1) shall continue, until its expiration, to be subject to such section as in effect on the day before such effective date. Application to allowances.—Payment of a retention allowance that was authorized under section 5754 of title 5, United States Code, before the effective date under paragraph (1) shall continue, subject to such section as in effect on the day before such effective date, until the retention allowance is reauthorized or terminated (but no longer than 1 year after such effective date).”

### Incentives for Critical Posts

Pub. L. 111–32, title XI, § 1115(d), June 24, 2009, 123 Stat. 1906, as amended by Pub. L. 117–81, div. E, title LIII, § 5315, Dec. 27, 2021, 135 Stat. 2366, provided that: “Notwithstanding sections 5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United States Code, appropriations made available by this or any other Act may be used to pay recruitment, relocation, and retention bonuses under chapter 57 of title 5, United States Code[,] to members of the Foreign Service, other than chiefs of mission and ambassadors at large, who are on official duty in Iraq, Afghanistan, or Pakistan.”

[Pub. L. 119–75, div. F, title VII, § 7034(i)(1), Feb. 3, 2026, 140 Stat. 569, provided that: “The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law 111–32) [set out above] shall remain in effect through September 30, 2026.” ]

[Pub. L. 118–47, div. F, title VII, § 7034(k)(1), Mar. 23, 2024, 138 Stat. 791, provided that: “The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law 111–32) [set out above] shall remain in effect through September 30, 2024.” ]

[Pub. L. 117–328, div. K, title VII, § 7034(l)(1), Dec. 29, 2022, 136 Stat. 5032, provided that: “The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law 111–32) [set out above] shall remain in effect through September 30, 2023.” ]