---
kind: "section"
citation: "5 U.S.C. § 5371"
title: "5"
title_heading: "Government Organization and Employees"
number: "5371"
heading: "Health care positions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5371"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 53 — Pay Rates and Systems"
  - "Subchapter VII — Miscellaneous Provisions"
---

# §5371. Health care positions

- (a) For the purposes of this section, “health care” means direct patient-care [services](/usc/5/8401.md?p=26) or [services](/usc/5/8401.md?p=26) incident to direct patient-care [services](/usc/5/8401.md?p=26).
- (b) The [Office](/usc/5/5402.md?p=3) of Personnel Management may, with respect to any [employee](/usc/5/5361.md?p=1) described in [subsection (c)](#c), provide that 1 or more provisions of [chapter 74](/usc/38/chptV/ch74.md) of title 38 shall apply—
  - (1) in lieu of any provision of chapter [51](/usc/5/chptIII/sptD/ch51.md) or [61](/usc/5/chptIII/sptE/ch61.md), subchapter V of [chapter 55](/usc/5/chptIII/sptD/ch55.md), or any other provision of this chapter; or
  - (2) notwithstanding any lack of specific [authority](/usc/5/7103.md?p=a-6) for a matter with respect to which chapter [51](/usc/5/chptIII/sptD/ch51.md) or [61](/usc/5/chptIII/sptE/ch61.md), subchapter V of [chapter 55](/usc/5/chptIII/sptD/ch55.md), or this chapter, relates.
- (c) [Authority](/usc/5/7103.md?p=a-6) under [subsection (b)](#b) may be exercised with respect to any [employee](/usc/5/5361.md?p=1) holding a [position](/usc/5/5102.md?p=a-3)—
  - (1) to which [chapter 51](/usc/5/chptIII/sptD/ch51.md) applies, excluding any [Senior Executive Service position](/usc/5/3132.md?p=a-2) and any [position](/usc/5/5102.md?p=a-3) in the Federal Bureau of Investigation and Drug Enforcement [Administration](/usc/5/9801.md?p=1) [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26); and
  - (2) which involves health care responsibilities.

## Source credit

(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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 1162(b). | Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 2(b)”, 75 Stat. 790.<br>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 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.