5-U.S.C.-5371

5-U.S.C.-5371

§5371 – Health Care Positions

Pathway

Title 5 > Part III > Subpart D > Chapter 53 > Subchapter VII > Section 5371

Details

  • Reference: Section 5371
  • Legend: §5371 – Health Care Positions
  • USCode Year: 2013

Provision Content

(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. 89–554, Sept. 6, 1966, 80 Stat. 473, §5361; renumbered §5371 and amended Pub. L. 95–454, title VIII, §801(a)(3)(A)(ii), title IX, §906(a)(2), Oct. 13, 1978, 92 Stat. 1221, 1224; Pub. L. 101–509, title V, §529 [title II, §205(A)], Nov. 5, 1990, 104 Stat. 1427, 1456; Pub. L. 102–378, §2(31), Oct. 2, 1992, 106 Stat. 1350.)

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.

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.

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”.

Effective Date of 1990 Amendment

Amendment 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 Amendment

Amendment 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.

U.S. Encyclopedia of Law Coverage

5-U.S.C.-5363 in the Legal Encyclopedia: Government Employees

In this entry about 5-U.S.C.-5363, find legal reference material, bibliographies and premiere content related to government employees in the American Encyclopedia of Law, presenting a comprehensive view of the United States government employees-specific issues, written by authorities in the field.

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