
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5371]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS
 
Sec. 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. 89-554, Sept. 6, 1966, 80 Stat. 473, Sec. 5361; renumbered 
Sec. 5371 and amended Pub. L. 95-454, title VIII, Sec. 801(a)(3)(A)(ii), 
title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1221, 1224; Pub. L. 
101-509, title V, Sec. 529 [title II, Sec. 205(A)], Nov. 5, 1990, 104 
Stat. 1427, 1456; Pub. L. 102-378, Sec. 2(31), Oct. 2, 1992, 106 Stat. 
1350.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                   Revised Statutes and
     Derivation               U.S. Code              Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1162(b).            Oct. 4, 1961, Pub. L.
                                                   87-367, Sec.  202
                                                   ``Sec. 2(b)'', 75
                                                   Stat. 790.
                                                  Oct. 11, 1962, Pub. L.
                                                   87-793, Sec.
                                                   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, Sec. 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, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in section 5948 of this title.
