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Title 5, Government Organization and EmployeesRelease 119-102

§5371 Health Care Positions

Title 5 › PART III — EMPLOYEES › Subpart D — Pay and Allowances › CHAPTER 53 — PAY RATES AND SYSTEMS › SUBCHAPTER VII — MISCELLANEOUS PROVISIONS › § 5371

Last updated Aug 21, 2026|Official source

Summary

OPM may decide that one or more rules from chapter 74 of title 38 apply to certain federal health care employees. Those chapter 74 rules can be used instead of rules in chapter 51 or 61, subchapter V of chapter 55, or other parts of title 5, or even when those parts don’t clearly allow it. This can be done for employees in jobs covered by chapter 51 (but not Senior Executive Service jobs, and not FBI or DEA Senior Executive Service jobs) when the job involves health care. "Health care" here means direct patient care or work that supports direct patient care.

Full Legal Text

Title 5, §5371

Government Organization and Employees, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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. For repeal of the Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, 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

1992—Subsec. (b). Pub. L. 102–378 substituted “chapter 74” for “chapter 73” in introductory provisions and inserted “subchapter V of chapter 55,” after “61,” in pars. (1) and (2). 1990—Pub. L. 101–509 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. 1978—Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.

Effective Date

of 1978 AmendmentAmendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 5371

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102