Fabio
00a184bb3c
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
84 lines
4.2 KiB
Markdown
84 lines
4.2 KiB
Markdown
---
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type: "LegalText"
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title: "5 U.S.C. § 10105"
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description: "Retention bonuses"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "101"
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chapter_name: "FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL"
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section: "10105"
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citation: "5 U.S.C. § 10105"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
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source_identifier: "/us/usc/t5/s10105"
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source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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source_hash: "7aa95a2c7b1f27b021475b1e6e497e1b6d89970900ca26b5422e84a88aa7eb53"
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raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
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text_hash: "d70e7505937f1560e063fafe08866de66abf667862280f84093bd17f830e0b4a"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 10105 - Retention bonuses
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## Text
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(a) Authority.— The Administrator may pay, on a case-by-case basis, a bonus under this section to an employee of the Agency if—
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(1) the unusually high or unique qualifications of the employee or a special need of the Agency for the employee’s services makes it essential to retain the employee; and
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(2) the Administrator determines that, in the absence of such a bonus, the employee would be likely to leave—
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(A) the Federal service; or
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(B) for a different position in the Federal service.
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(b) Service Agreement.— Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Agency to complete a period of service with the Agency. Such agreement shall include—
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(1) the period of service the individual shall be required to complete in return for the bonus; and
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(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.
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(c) Bonus Amount.— (1) In general.— The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved.
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(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.
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(d) Limitation.— A bonus under this section—
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(1) may not be based on any period of service which is the basis for a recruitment bonus under section 10104;
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(2) may not be paid to an individual who is appointed to or holds—
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(A) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
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(B) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or
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(C) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; and
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(3) upon completion of the strategic human capital plan, shall be paid in accordance with that plan.
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(e) Termination of Authority.— The authority to grant bonuses under this section shall expire 5 years after the date of enactment of this chapter.
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(f) Reports.— (1) In general.— The Office of Personnel Management shall submit to the appropriate committees of Congress, annually for each of the first 5 years during which this section is in effect, a report on the operation of this section.
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(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 to pay bonuses under this section was used by the Agency, including, with respect to each such agency—
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(A) the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and
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(B) a determination of the extent to which such bonuses furthered the purposes of this section.
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(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1414.)
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## Notes
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Editorial Notes
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References in TextThe 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.
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