---
kind: "section"
citation: "5 U.S.C. § 9814"
title: "5"
title_heading: "Government Organization and Employees"
number: "9814"
heading: "Qualifications pay"
release: "119-102"
url: "https://uscodex.org/usc/5/9814"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 98 — National Aeronautics and Space Administration"
---

# §9814. Qualifications pay

- (a) Notwithstanding [section 5334](/usc/5/5334.md), the [Administrator](/usc/5/9801.md?p=2) may set the pay of an [employee](/usc/5/9801.md?p=4) paid under the General Schedule at any step within the pay range for the grade of the [position](/usc/5/5531.md?p=2), if such [employee](/usc/5/9801.md?p=4)—
  - (1) possesses unusually high or unique qualifications; and
  - (2) is assigned—
    - (A) new duties, without a change of [position](/usc/5/5531.md?p=2); or
    - (B) to a new [position](/usc/5/5531.md?p=2).
- (b) If an exercise of the [authority](/usc/5/7103.md?p=a-6) under this section relates to a current [employee](/usc/5/9801.md?p=4) selected for another [position](/usc/5/5531.md?p=2) within the [Administration](/usc/5/9801.md?p=1), a determination shall be made that the [employee](/usc/5/9801.md?p=4)’s contribution in the new [position](/usc/5/5531.md?p=2) will exceed that in the former [position](/usc/5/5531.md?p=2), 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](/usc/5/5334.md).
- (d) If the [employee](/usc/5/9801.md?p=4) serves for at least 1 year in the [position](/usc/5/5531.md?p=2) for which the pay determination under this section was made, or a successor [position](/usc/5/5531.md?p=2), the pay earned under such [position](/usc/5/5531.md?p=2) may be used in succeeding actions to set pay under [chapter 53](/usc/5/chptIII-sptD-ch53.md).
- (e) Before setting any [employee](/usc/5/9801.md?p=4)’s pay under this section, the [Administrator](/usc/5/9801.md?p=2) shall submit a plan to the Office of Personnel Management and the [appropriate committees of Congress](/usc/5/9801.md?p=6), 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](/usc/5/5531.md?p=2) to be covered;
  - (4) the relationship between the exercise of [authority](/usc/5/7103.md?p=a-6) under this section and the use of other pay incentives; and
  - (5) a process to evaluate the effectiveness of this section.

## Source credit

(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 474.)

## Notes

### Editorial Notes

### References in Text

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