104 STAT. 1458 PUBLIC LAW 101-509 —NOV. 5, 1990 "(2)(A) A cash award under this section shall be equal to an amount determined appropriate by the head of the agency, but may not be more than 10 percent of the employee's annual rate of basic pay. Notwithstanding the preceding sentence, the agency head may authorize a cash award equal to an amount exceeding 10 percent of the employee's annual rate of basic pay if the agency head determines that exceptional performance by the employee justifies such an award, but in no case may an award under this section exceed 20 percent of the employee's annual rate of basic pay. "(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability pa5anent under section 5304. "0>X1) A cash award under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. "(2) The failure to pay a cash award under this section, or the amount of such an award, may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). Regulations. "(c) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) and (b). "(d) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (c) to prescribe any necessary regulations).". (b) TABLE OF SECTIONS. —The table of sections for chapter 45 of title 5, United States C!ode, is amended by inserting after the item relating to section 4505 the following new item: "4505a. Performance-based cash awards.". SEC. 208. RECRUITMENT, RELOCATION, AND RETENTION PAYMENTS. (a) IN GENERAL. —Subchapter IV of chapter 57 of title 5, United States Code, is amended by adding at the end the following new sections: "§ 5753. Recruitment and relocation bonuses "(a) The Office of Personnel Management may authorize the head of an agency to pay a bonus to an employee who is newly appointed to a position under the General Schedule, or to an employee under the General Schedule or under any other pay authority in the executive, legislative, or judicial branch who must relocate to accept a position under the General Schedule, if the Office determines that the agency would be likely, in the absence of such a bonus, to encounter difficulty in filling the position. "(b)(l)(A) The amount of a bonus under this section shall be determined by regulations of the Office, but may not exceed 25 percent of the annual rate of basic pay of the position to which the employee is being appointed or relocated. "(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304.
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