Us Code § 706 - Additional authority relating to recruitment and retention of personnel
Full text of Us Code United States Code § 706 — Additional authority relating to recruitment and retention of personnel, with citation guidance and answers to common questions.
§ 706. Additional authority relating to recruitment and retention of personnel
(a)
(b)
(2) The Secretary may pay a retention bonus as specified in subsection (e)(2) of section 5754 of title 5 and may pay the bonus as a single lump-sum payment at the beginning of the full period of service required by an agreement under subsection (d) of such section.
(c)
(d)
(A) the employee possesses a high-demand skill or skill that is at a shortage;
(B) such skill is directly related to the duties and responsibilities of the employee's position; and
(C) employment of an individual with such skill in such position serves a critical mission-related need of the Department.
(2) An incentive provided to an employee under paragraph (1) may not to 1 exceed 25 percent of the basic pay of the employee.
(3) Provision of an incentive under paragraph (1) shall be contingent on the employee entering into a written agreement to complete a period of employment with the Department.
(4) An incentive provided under paragraph (1) shall not be considered basic pay for any purpose.
(5) The Secretary may prescribe conditions, including with respect to eligibility, and limitations on provision of incentive 2 under paragraph (1).
(6) Incentive 3 provided under paragraph (1) shall not be included in the calculation of total amount of compensation under section 7431(e)(4) of this title.
(e)
(2) Paragraph (2) of such section shall not apply to payment under this subsection.
(3) Payment under this subsection shall be made subject to such terms, limitations, or conditions as may be mutually agreed to by the Secretary and the employee concerned, except that the amount paid by the Secretary under this subsection may not exceed—
(A) $40,000 for any employee in any calendar year; or
(B) a total of $100,000 in the case of any employee.
(f)
(2) The number of employees the Secretary may appoint under section 3115 of title 5 may not exceed the number equal to 25 percent of individuals that the Secretary appointed during the previous fiscal year to a position in the competitive service classified in a professional or administrative occupational category, at the GS–11 level, or an equivalent level, or below, under a competitive examining procedure.
(g)
(2) The number of employees the Secretary may appoint under section 3116 of title 5 may not exceed the number equal to 25 percent of the number of students that the Secretary appointed during the previous fiscal year to a position at the GS–11 level, or an equivalent level, or below.
(h)
(2) The Secretary may fix the rate of pay for a critical position under this subsection in excess of the limitation set forth by section 5377(d)(2) of such title.
(3) Basic pay may not be fixed under this subsection at a rate greater than the rate payable for the Vice President of the United States established under section 104 of title 3, except upon written approval of the President.
(4) Notwithstanding section 5377(f) of title 5, the Secretary may authorize the exercise of authority under this subsection with respect to up to 200 positions at any time.
(i)
(2) In applying such section to the Secretary's authority under paragraph (1)—
(A) "50 percent" shall be substituted for "30 percent"; and
(B) "level II of the Executive Schedule" shall be substituted for "level IV of the Executive Schedule".
(j)
(k)
(Added Pub. L. 117–168, title IX, §909, Aug. 10, 2022, 136 Stat. 1815.)
Editorial Notes
References in Text
GS–11, referred to in subsecs. (f)(2) and (g)(2), is contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees.
Levels II and IV of the Executive Schedule, referred to in subsec. (i)(2)(B), are set out in sections 5313 and 5315, respectively, of Title 5, Government Organization and Employees.
Prior Provisions
A prior section 706 was renumbered section 1906 of this title.
1 So in original. The word "to" probably should not appear.
About This Section
38 U.S.C. § 706 is part of Title 38 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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