---
kind: "section"
citation: "5 U.S.C. § 5759"
title: "5"
title_heading: "Government Organization and Employees"
number: "5759"
heading: "Retention and relocation bonuses for the Federal Bureau of Investigation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5759"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 57 — Travel, Transportation, and Subsistence"
  - "Subchapter IV — Miscellaneous Provisions"
---

# §5759. Retention and relocation bonuses for the Federal Bureau of Investigation

- (a) **Authority.—** The [Director](/usc/5/8401.md?p=8) of the Federal Bureau of Investigation, after consultation with the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) of Personnel Management, may [pay](/usc/5/7511.md?p=a-4), on a case-by-case basis, a bonus under this section to an [employee](/usc/5/5701.md?p=2) of the Bureau if—
  - (1)
    - (A) the unusually high or unique qualifications of the [employee](/usc/5/5701.md?p=2) or a special need of the Bureau for the [employee](/usc/5/5701.md?p=2)’s [services](/usc/5/8401.md?p=26) makes it essential to retain the [employee](/usc/5/5701.md?p=2); and
    - (B) the [Director](/usc/5/8401.md?p=8) of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the [employee](/usc/5/5701.md?p=2) would be likely to leave—
      - (i) the [Federal service](/usc/5/8521.md?p=a-1); or
      - (ii) for a different [position](/usc/5/5102.md?p=a-3) in the [Federal service](/usc/5/8521.md?p=a-1); or
  - (2) the individual is subject to a mobility agreement and is transferred to a [position](/usc/5/5102.md?p=a-3) in a different geographical area in which there is a shortage of critical skills (as determined by the [Director](/usc/5/8401.md?p=8) of the Federal Bureau of Investigation).
- (b) **Service Agreement.—** Payment of a bonus under this section is contingent upon the [employee](/usc/5/5701.md?p=2) entering into a written [service](/usc/5/8401.md?p=26) agreement with the Bureau to complete a period of [service](/usc/5/8401.md?p=26) with the Bureau. 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, including requirements for a bonus recipient’s repayment of a bonus in circumstances determined by the [Director](/usc/5/8401.md?p=8) of the Federal Bureau of Investigation.
- (c) **Limitation on Authority.—** A bonus paid under this section may not exceed 50 percent of the [employee](/usc/5/5701.md?p=2)’s annual rate of [basic pay](/usc/5/8401.md?p=4). The bonus may be paid in a lump sum or installments linked to completion of periods of [service](/usc/5/8401.md?p=26).
- (d) **Impact on Basic Pay.—** A bonus paid 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.

## Footnotes

[^1]: So in original. No section 5758 has been enacted.

## Source credit

(Added Pub. L. 108–447, div. B, title I, § 113(a), Dec. 8, 2004, 118 Stat. 2868; amended Pub. L. 111–117, div. B, title II, § 217, Dec. 16, 2009, 123 Stat. 3141; Pub. L. 111–259, title IV, § 443, Oct. 7, 2010, 124 Stat. 2733.)

## Notes

### Editorial Notes

### Amendments

2010—Subsec. (a)(2). Pub. L. 111–259, § 443(1), substituted “is subject to a mobility agreement and is transferred to a position in a different geographical area in which there is a shortage of critical skills” for “is transferred to a different geographic area with a higher cost of living”.

Subsec. (b)(2). Pub. L. 111–259, § 443(2), substituted “, including requirements for a bonus recipient’s repayment of a bonus in circumstances determined by the Director of the Federal Bureau of Investigation.” for the period.

Subsec. (c). Pub. L. 111–259, § 443(3), substituted “annual rate of basic pay. The bonus may be paid in a lump sum or installments linked to completion of periods of service.” for “basic pay.”

Subsec. (d). Pub. L. 111–259, § 443(4), substituted “bonus paid under this section” for “retention bonus”.

2009—Subsec. (e). Pub. L. 111–117 struck out subsec. (e). Text read as follows: “The authority to grant bonuses under this section shall cease to be available after December 31, 2009.”