US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 5371

Health care positions

(a)
For the purposes of this section, “health care” means direct patient-care services or services incident to direct patient-care services.
(b)
The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of chapter 74 of title 38 shall apply—
(1)
in lieu of any provision of chapter 51 or 61, subchapter V of chapter 55, or any other provision of this chapter; or
(2)
notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, subchapter V of chapter 55, or this chapter, relates.
(c)
Authority under subsection (b) may be exercised with respect to any employee holding a position—
(1)
to which chapter 51 applies, excluding any Senior Executive Service position and any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and
(2)
which involves health care responsibilities.

Pub. L. 89–55480 Stat. 473Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii)92 Stat. 1221Pub. L. 101–509, title V, § 529 [title II, § 205(A)]104 Stat. 1427Pub. L. 102–378, § 2(31)106 Stat. 1350(, , , § 5361; renumbered § 5371 and amended , title IX, § 906(a)(2), , , 1224; , , , 1456; , , .)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 1162(b).

Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 2(b)”, 75 Stat. 790.

Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(1), 76 Stat. 863.

The authority to fix rates of pay is added on authority of former section 1161, which is carried into section 3104.

Act of Aug. 1, 1947, ch. 43361 Stat. 715For repeal of the , , as amended, see revision note for section 3104.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

Pub. L. 102–3781992—Subsec. (b). substituted “chapter 74” for “chapter 73” in introductory provisions and inserted “subchapter V of chapter 55,” after “61,” in pars. (1) and (2).

Pub. L. 101–5091990— amended section generally, substituting designated provisions directing that Office of Personnel Management may provide that chapter 73 of title 38 provisions apply to certain health care professionals for undesignated text authorizing agency heads to fix pay rates for scientific and professional positions at between GS–16 and GS–18 rates.

Pub. L. 95–454, § 906(a)(2)1978—, substituted “Office of Personnel Management” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–509Pub. L. 101–509section 5301 of this titleAmendment by effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after , see section 529 [title III, § 305] of , set out as a note under .

Effective Date of 1978 Amendment

section 906(a)(2) of Pub. L. 95–454section 907 of Pub. L. 95–454section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .