38 USC 706 - Additional authority relating to recruitment and retention of personnel

U.S Code last checked for updates: Nov 23, 2024

§ 706.

Additional authority relating to recruitment and retention of personnel

(a)

Recruitment and Relocation Bonuses.—

The Secretary may pay a recruitment or relocation bonus under section 5753(e) of title 5 without regard to any requirements for certification or approval under that section.

(b)

Retention Bonuses.—

(1)

The Secretary may pay a retention bonus under section 5754(f) of title 5 without regard to any requirement for certification or approval under that subsection.

(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)

Merit Awards.—

The Secretary may grant a cash award under section 4502(b) of title 5 without regard to any requirement for certification or approval under that section.

(d)

Incentives for Critical Skills.—

(1)

Subject to the provisions of this paragraph, the Secretary may provide a critical skill incentive to an employee in a case in which the Secretary determines—

(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

 So in original. The word “to” probably should not appear.

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

 So in original. Probably should be preceded by “an”.

under paragraph (1).

(6)

Incentive 3

 So in original. Probably should be “An incentive”.

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)

Student Loan Repayments.—

(1)

Subject to the provisions of this subsection, the Secretary may repay a student loan pursuant to section 5379(b) of title 5.

(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)

Expedited Hiring Authority for College Graduates; Competitive Service.—

(1)

Subject to paragraph (2) of this subsection, the Secretary may expedite hiring for college graduates under section 3115 of title 5 without regard to subsection (e) of such section or any regulations prescribed by the Office of Personnel Management for administration of such subsection.

(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)

Expedited Hiring Authority for Post-secondary Students; Competitive Service.—

(1)

Subject to paragraph (2) of this subsection, the Secretary may expedite hiring of post-secondary students under section 3116 of title 5, without regard to subsection (d) of such section or any regulations prescribed by the Office of Personnel Management for administration of such subsection.

(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)

Pay Authority for Critical Positions.—

(1)

Subject to the provisions of this subsection, the Secretary may authorize the fixing of the rate of pay for a critical position in the Department consistent with the authorities and requirements of section 5377 of title 5 that apply to the Office of Personnel Management.

(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)

Rates of Special Pay.—

(1)

The Secretary may establish a rate for special pay under section 5305(a)(1) of title 5.

(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)

Waiver of Limitations on Certain Payments Under Pay Comparability System.—

The Secretary may waive the limitation in section 5307 of title 5 for an employee or a payment.

(k)

Termination.—

The authorities under this section shall terminate on September 30, 2027.

(Added Pub. L. 117–168, title IX, § 909, Aug. 10, 2022, 136 Stat. 1815.)

cite as: 38 USC 706