---
kind: "section"
citation: "5 U.S.C. § 7901"
title: "5"
title_heading: "Government Organization and Employees"
number: "7901"
heading: "Health service programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/7901"
units:
  - "Part III — Employees"
  - "Subpart F — Labor-Management and Employee Relations"
  - "Chapter 79 — Services to Employees"
---

# §7901. Health service programs

- (a) The head of each [agency](/usc/5/3132.md?p=a-1) of the [Government](/usc/5/4101.md?p=3) of the [United States](/usc/5/7103.md?p=a-18) may establish, within the limits of appropriations available, a health [service](/usc/5/8401.md?p=26) program to promote and maintain the physical and mental fitness of [employees](/usc/5/4701.md?p=a-2) under his jurisdiction.
- (b) A health [service](/usc/5/8401.md?p=26) program may be established by contract or otherwise, but only—
  - (1) after consultation with the [Secretary](/usc/5/9901.md?p=2) of Health, Education, and Welfare and consideration of its recommendations; and
  - (2) in localities where there are a sufficient number of [employees](/usc/5/4701.md?p=a-2) to warrant providing the [service](/usc/5/8401.md?p=26).
- (c) A health [service](/usc/5/8401.md?p=26) program is limited to—
  - (1) treatment of on-the-job illness and dental conditions requiring emergency attention;
  - (2) preemployment and other examinations;
  - (3) referral of [employees](/usc/5/4701.md?p=a-2) to private physicians and dentists; and
  - (4) preventive programs relating to health.
- (d) The [Secretary](/usc/5/9901.md?p=2) of Health, Education, and Welfare, on request, shall review a health [service](/usc/5/8401.md?p=26) program conducted under this section and shall submit comment and recommendations to the head of the [agency](/usc/5/3132.md?p=a-1) concerned.
- (e) When this section authorizes the use of the professional [services](/usc/5/8401.md?p=26) of physicians, that authorization includes the use of the professional [services](/usc/5/8401.md?p=26) of surgeons and osteopathic practitioners within the scope of their practice as defined by [State](/usc/5/8521.md?p=a-3) law.
- (f) The health programs conducted by the Tennessee Valley [Authority](/usc/5/7103.md?p=a-6) are not affected by this section.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 530; Pub. L. 90–83, § 1(47), Sept. 11, 1967, 81 Stat. 209; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(9), Sept. 23, 1996, 110 Stat. 2869.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| 1966 Act |  |  |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 150. | Aug. 8, 1946, ch. 865, 60 Stat. 903.<br>Sept. 23, 1950, ch. 1010, § 8, 64 Stat. 986. |

In subsection (a), the words “agency of the Government of the United States” are coextensive with and substituted for “departments and agencies including Government-owned and controlled corporations” to avoid confusion with the definitions in sections 101–105.

In subsection (d) the word “appropriate” in the phrase “appropriate comment and recommendations” is omitted as unnecessary. The words “to the head of the agency concerned” are added for clarity.

In subsection (e), the substance of the definition of “physician” in former section 790 is substituted for the reference to that section.

In subsection (f)(2) and (3), the words “Canal Zone Government” and “Panama Canal Company” are substituted for “Panama Canal” and “Panama Railroad”, respectively, on the authority of the Act of Sept. 26, 1950, ch. 1049, § 2(a), 64 Stat. 1038.

The last proviso of the first sentence of the Act of Aug. 8, 1946, is omitted as executed.

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

### 1967 Act

This section amends 5 U.S.C. 7901 to reflect 1966 Reorganization Plan No. 3, effective June 25, 1966, 80 Stat. 1610, section 1 of which transferred all functions of the Public Health Service to the Secretary of Health, Education, and Welfare.

### Editorial Notes

### Amendments

1996—Subsec. (f). Pub. L. 104–201 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The health programs conducted by the following agencies are not affected by this section—

“(1) the Tennessee Valley Authority;

“(2) the Canal Zone Government; and

“(3) the Panama Canal Company.”

### Statutory Notes and Related Subsidiaries

### Change of Name

Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508 of Title 20, Education.

### Short Title of 1993 Amendment

Pub. L. 103–172, § 1(a), Dec. 2, 1993, 107 Stat. 1995, provided that: “This Act [enacting section 7905 of this title and provisions set out as notes under section 7905 of this title] may be cited as the ‘Federal Employees Clean Air Incentives Act’.”

### Demonstration Project: Health Protection; Health Promotion; Disease Prevention; and Secondary Prevention

Pub. L. 99–251, title I, § 110, Feb. 27, 1986, 100 Stat. 17, directed Director of Office of Personnel Management to conduct a demonstration project to determine most effective method of furnishing health protection, health promotion, disease prevention, and secondary prevention services to Federal Government employees, with Director to report to Congress no later than 60 days after termination of project on Feb. 27, 1988.