(a) Authority.— The Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if
(1)
(A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employees services makes it essential to retain the employee; and
(B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave
(i) the Federal service; or
(ii) for a different position in the Federal service; or
(2) the individual is transferred to a different geographic area with a higher cost of living (as determined by the Director of the Federal Bureau of Investigation).
(b) Service Agreement.— Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include
(1) the period of service 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 period has been completed, and the effect of the termination.
(c) Limitation on Authority.—
A bonus paid under this section may not exceed 50 percent of the employees basic pay.
(d) Impact on Basic Pay.—
A retention bonus is not part of the basic pay of an employee for any purpose.
(e) Termination of Authority.—
The authority to grant bonuses under this section shall cease to be available after December 31, 2009.
