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This Order issues and transmits GSA’s policy governing the use of the Superior Qualifications and Special Needs Pay Setting Authority (SQA).
This version of the Order continues 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 Both of these executive orders rescinded E.O. 14035, Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce, June 25, 2021.
The civil service regulations that govern 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 by 89 FR 5737, January 30, 2024, Advancing Pay Equity in Governmentwide Pay Systems, due to the superseding Executive Orders 14148 and 14151, mentioned above. The 2024 final rule’s language, still reflected in the codified CFR, required agencies to target pay setting to the outcomes from prior pay setting decisions and also prohibited the consideration of private sector salary history.
This 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 are returning to Federal employment after a break in service of at least 90 calendar days from their last period of Federal employment. Limited exceptions to the 90-day limitation rule are provided for within 5 CFR §§ 531.212(a)(3), (4), and (5).
The Office of Inspector General (OIG) has independent personnel authority. See Section 6(a)(7) of the Inspector General Act of 1978, (5 U.S.C. App. 3), as amended (the 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”).
This Order also does not apply to the Civilian Board of Contract Appeals under the Contract Disputes Act of 1978 (Pub. L. 95-563). The Board has its own authorities that govern both appointment and compensation of its members, under 41 U.S.C. § 7105.
This Order supersedes GSA Order HRM 9531.1B, dated February 16, 2025.
This new version of the Order eliminates the prior requirement that the Chief Financial Officer review and approve all applications for the superior qualifications pay setting authority.
Implementation under this issuance must be carried out in accordance with applicable laws and regulations.
Reviews the request package to ensure that the justification and documentation persuasively support the use of this authority and that the request is in compliance with this Order and regulations; consults with the requesting organization, as necessary, to request additional information or documentation; and submits the package, if approved by the Reviewing official, for final approval (or disapproval) by the CHCO.
Serves as the final approving official for pay setting under this authority. This authority may be delegated to the Deputy Chief Human Capital Officer.
As the Reviewing officials, determine whether or not SQA pay setting should be used, and determine whether or not component funds should be used for this pay flexibility.
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U.S. General Services Administration