Superior Qualifications and Special Needs Pay Setting Authority

Purpose

This Order issues and transmits GSA policy governing the use of the Superior Qualifications and Special Needs Pay Setting Authority (SQA).

Background

A GSA Administrator memorandum dated April 15, 2012 requires that all requests to use superior qualifications pay setting authority receive the joint approval of both the Chief Human Capital Officer (CHCO) and the Chief Financial Officer (CFO). This directive continues to implement this delegation of authority.

This version of the Order serves to implement Presidential Executive Order (E.O.) 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing, 90 FR 8339 (January 29, 2025) as well as E.O. 14148, Initial Rescissions of Harmful Executive Orders and Actions, 90 FR 8237 (January 28, 2025). Both of these executive orders rescinded the governing prior E.O. 14035, Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce, June 25, 2021.

The civil service regulations that serve to execute this policy Government-wide are generally found codified within 5 C.F.R. § 531.212, Superior qualifications and special needs pay-setting authority. However, this agency Order does not apply the regulatory changes promulgated within 89 FR 5754, Jan. 30, 2024, Advancing Pay Equity in Governmentwide Pay Systems, due to E.O.’s 14148 and 14151, mentioned above.

Scope and applicability

a.  The authority applies to GS appointees who have superior qualifications or who meet a special agency need, and who are entering the Federal service for the first time or returning to Federal employment after a break in service of 90 calendar days or more from their last period of Federal employment.  Limited exceptions to the 90-day limitation are provided in 5 CFR § 531.212(a)(3).

b.  The Office of Inspector General (OIG) has independent personnel authority.  See Section 6 of the Inspector General Act of 1978, (5 U.S.C. App. 3), as amended (Inspector General is authorized “to select, appoint, and employ, such officers and employees as may be necessary for carrying out the functions, powers, and duties of  Office of Inspector General”) and GSA Order ADM P 5450.39D GSA Delegations of Authority Manual (Delegations Manual), Chapter 2, Part 1 (“the Inspector General has independent authority to formulate policies and make determinations concerning human capital issues within the [OIG] and GSA determinations/delegations do not limit that authority). Similarly, GSA specifically recognizes that the Inspector General has independent authority to formulate policies and make determinations concerning training, employee development, and career management. 

Cancellation

This Order supersedes GSA Order HRM 9552.1A, which was canceled by the Office of Human Resources Management (OHRM) on January 22, 2025.

Revision

This version of the Order serves to implement Presidential Executive Order (E.O.) 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing, 90 FR 8339 (January 29, 2025) as well as E.O. 14148, Initial Rescissions of Harmful Executive Orders and Actions, 90 FR 8237 (January 28, 2025). Both of these executive orders rescinded the governing prior E.O. 14035, Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce, June 25, 2021 as well as the final rule Advancing Pay Equity in Governmentwide Pay Systems, 89 FR 5737 (January 30, 2021).

Implementation

Implementation under this issuance must be carried out in accordance with applicable laws, regulations, and bargaining unit agreements.