118 STAT. 465 PUBLIC LAW 108–201—FEB. 24, 2004 ‘‘(C) is currently employed by the Federal Government and is required to relocate to a different geographic area to accept a position with the Administration. ‘‘(b) If the position is described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed— ‘‘(1) 50 percent of the employee’s annual rate of basic pay (including comparability payments under sections 5304 and 5304a) as of the beginning of the service period multiplied by the service period specified under subsection (d)(1)(B)(i); or ‘‘(2) 100 percent of the employee’s annual rate of basic pay (including comparability payments under sections 5304 and 5304a) as of the beginning of the service period. ‘‘(c) If the position is not described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 25 percent of the employee’s annual rate of basic pay (excluding comparability payments under sections 5304 and 5304a) as of the beginning of the service period. ‘‘(d)(1)(A) Payment of a bonus under this section shall be contin gent upon the individual entering into a service agreement with the Administration. ‘‘(B) At a minimum, the service agreement shall include— ‘‘(i) the required service period; ‘‘(ii) the method of payment, including a payment schedule, which may include a lump sum payment, installment payments, or a combination thereof; ‘‘(iii) the amount of the bonus and the basis for calculating that amount; and ‘‘(iv) the conditions under which the agreement may be terminated before the agreed upon service period has been com pleted, and the effect of the termination. ‘‘(2) For purposes of determinations under subsections (b)(1) and (c)(1), the employee’s service period shall be expressed as the number equal to the full years and twelfth parts thereof, rounding the fractional part of a month to the nearest twelfth part of a year. The service period may not be less than 6 months and may not exceed 4 years. ‘‘(3) A bonus under this section may not be considered to be part of the basic pay of an employee. ‘‘(e) Before paying a bonus under this section, the Administra tion shall establish a plan for paying recruitment, redesignation, and relocation bonuses, subject to approval by the Office of Per sonnel Management. ‘‘(f) No more than 25 percent of the total amount in bonuses awarded under subsection (a) in any year may be awarded to supervisors or management officials. ‘‘§ 9805. Retention bonuses ‘‘(a) Notwithstanding section 5754, the Administrator may pay a bonus to an employee, in accordance with the workforce plan and subject to the limitations in this section, if the Administrator determines that— ‘‘(1) the unusually high or unique qualifications of the employee or a special need of the Administration for the employee’s services makes it essential to retain the employee; and
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