Title 5Government Organization and EmployeesRelease 119-73not60

§9814 Qualifications Pay

Title 5 › Part III— EMPLOYEES › Subpart I— Miscellaneous › Chapter 98— NATIONAL AERONAUTICS AND SPACE ADMINISTRATION › § 9814

Last updated Apr 3, 2026|Official source

Summary

The Administrator can set a General Schedule employee’s pay at any step in the grade if the employee has unusually high or unique qualifications and is given new duties without changing position, or is moved to a new position. If the move is inside the Administration, the Administrator must find the employee will contribute more in the new role. That pay counts as basic pay under section 5334 and, after the employee serves at least 1 year in that job or a successor job, it may be used in later pay actions under chapter 53. Before using this authority, the Administrator must send a plan to the Office of Personnel Management and the appropriate committees of Congress. The plan must show the approval criteria and level, list the actions and positions covered, explain how this pay relates to other pay incentives, and describe how the program will be evaluated.

Full Legal Text

Title 5, §9814

Government Organization and Employees — Source: USLM XML via OLRC

(a)Notwithstanding section 5334, the Administrator may set the pay of an employee paid under the General Schedule at any step within the pay range for the grade of the position, if such employee—
(1)possesses unusually high or unique qualifications; and
(2)is assigned—
(A)new duties, without a change of position; or
(B)to a new position.
(b)If an exercise of the authority under this section relates to a current employee selected for another position within the Administration, a determination shall be made that the employee’s contribution in the new position will exceed that in the former position, before setting pay under this section.
(c)Pay as set under this section is basic pay for such purposes as pay set under section 5334.
(d)If the employee serves for at least 1 year in the position for which the pay determination under this section was made, or a successor position, the pay earned under such position may be used in succeeding actions to set pay under chapter 53.
(e)Before setting any employee’s pay under this section, the Administrator shall submit a plan to the Office of Personnel Management and the appropriate committees of Congress, that includes—
(1)criteria for approval of actions to set pay under this section;
(2)the level of approval required to set pay under this section;
(3)all types of actions and positions to be covered;
(4)the relationship between the exercise of authority under this section and the use of other pay incentives; and
(5)a process to evaluate the effectiveness of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (a), is set out under section 5332 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 9814

Title 5Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60