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5 U.S.C. § 5371 — Health care positions
Federal law — U.S. Code and appendices · legal_authorities
Page 617
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5371
Guard, that is described in section 2105(c) of this title,
to employment in Department or Coast Guard, that is
not described in section 2105(c), or who moves from em-
ployment in Department or Coast Guard, that is not
described in section 2105(c), to employment in non-
appropriated fund instrumentality of Department or
Coast Guard, that is described in section 2105(c), see
section 7202(m)(1) of Pub. L. 101–508, set out as a note
under section 2105 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 5366. Appeals
(a)(1) In the case of the termination of any
benefits available to an employee under this
subchapter on the grounds such employee de-
clined a reasonable offer of a position the grade
or pay of which was equal to or greater than his
retained grade or pay, such termination may be
appealed to the Office of Personnel Management
under procedures prescribed by the Office.
(2) Nothing in this subchapter shall be con-
strued to affect the right of any employee to ap-
peal—
(A) under section 5112(b) or 5346(c) of this
title, or otherwise, any reclassification of a
position; or
(B) under procedures prescribed by the Office
of Personnel Management, any reduction-in-
force action.
(b) For purposes of any appeal procedures
(oth
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Page 617
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5371
Guard, that is described in section 2105(c) of this title,
to employment in Department or Coast Guard, that is
not described in section 2105(c), or who moves from em-
ployment in Department or Coast Guard, that is not
described in section 2105(c), to employment in non-
appropriated fund instrumentality of Department or
Coast Guard, that is described in section 2105(c), see
section 7202(m)(1) of Pub. L. 101–508, set out as a note
under section 2105 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 5366. Appeals
(a)(1) In the case of the termination of any
benefits available to an employee under this
subchapter on the grounds such employee de-
clined a reasonable offer of a position the grade
or pay of which was equal to or greater than his
retained grade or pay, such termination may be
appealed to the Office of Personnel Management
under procedures prescribed by the Office.
(2) Nothing in this subchapter shall be con-
strued to affect the right of any employee to ap-
peal—
(A) under section 5112(b) or 5346(c) of this
title, or otherwise, any reclassification of a
position; or
(B) under procedures prescribed by the Office
of Personnel Management, any reduction-in-
force action.
(b) For purposes of any appeal procedures
(other than those described in subsection (a) of
this section) or any grievance procedure nego-
tiated under the provisions of chapter 71 of this
title—
(1) any action which is the basis of an indi-
vidual’s entitlement to benefits under this
subchapter, and
(2) any termination of any such benefits
under this subchapter,
shall not be treated as appealable under such ap-
peals procedures or grievable under such griev-
ance procedure.
(Added Pub. L. 95–454, title VIII, § 801(a)(1), Oct.
13, 1978, 92 Stat. 1221.)
SUBCHAPTER VII—MISCELLANEOUS
PROVISIONS
Editorial Notes
AMENDMENTS
1978—Pub. L. 95–454, title VIII, § 801(a)(3)(A)(i), Oct. 13,
1978, 92 Stat. 1221, redesignated former subchapter VI as
VII.
§ 5371. Health care positions
(a) For the purposes of this section, ‘‘health
care’’ means direct patient-care services or serv-
ices incident to direct patient-care services.
(b) The Office of Personnel Management may,
with respect to any employee described in sub-
section (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 au-
thority 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 ex-
ercised 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 Investiga-
tion and Drug Enforcement Administration
Senior Executive Service; and
(2) which involves health care responsibil-
ities.
(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 author-
ity 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 defi-
nitions 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 in-
serted ‘‘subchapter V of chapter 55,’’ after ‘‘61,’’ in pars.
(1) and (2).
1990—Pub. L. 101–509 amended section generally, sub-
stituting designated provisions directing that Office of
Personnel Management may provide that chapter 73 of
title 38 provisions apply to certain health care profes-
sionals 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 Commis-
sion’’.
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 ef-
fective 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.
Page 618
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5372
§ 5372. Administrative law judges
(a) For the purposes of this section, the term
‘‘administrative law judge’’ means an adminis-
trative law judge appointed under section 3105.
(b)(1)(A) There shall be 3 levels of basic pay for
administrative law judges (designated as AL–1,
2, and 3, respectively), and each such judge shall
be paid at 1 of those levels, in accordance with
the provisions of this section.
(B) Within level AL–3, there shall be 6 rates of
basic pay, designated as AL–3, rates A through
F, respectively. Level AL–2 and level AL–1 shall
each have 1 rate of basic pay.
(C) The rate of basic pay for AL–3, rate A, may
not be less than 65 percent of the rate of basic
pay for level IV of the Executive Schedule, and
the rate of basic pay for AL–1 may not exceed
the rate for level IV of the Executive Schedule.
(2) The Office of Personnel Management shall
determine, in accordance with procedures which
the Office shall by regulation prescribe, the
level in which each administrative-law-judge po-
sition shall be placed and the qualifications to
be required for appointment to each level.
(3)(A) Upon appointment to a position in AL–3,
an administrative law judge shall be paid at rate
A of AL–3, and shall be advanced successively to
rates B, C, and D of that level at the beginning
of the next pay period following completion of 52
weeks of service in the next lower rate, and to
rates E and F of that level at the beginning of
the next pay period following completion of 104
weeks of service in the next lower rate.
(B) The Office of Personnel Management may
provide for appointment of an administrative
law judge in AL–3 at an advanced rate under
such circumstances as the Office may determine
appropriate.
(4) Subject to paragraph (1), effective at the
beginning of the first applicable pay period com-
mencing on or after the first day of the month
in which an adjustment takes effect under sec-
tion 5303 in the rates of basic pay under the Gen-
eral Schedule, each rate of basic pay for admin-
istrative law judges shall be adjusted by an
amount determined by the President to be ap-
propriate.
(c) The Office of Personnel Management shall
prescribe regulations necessary to administer
this section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, § 5362;
Pub. L. 95–251, § 2(a)(1), (b)(1), Mar. 27, 1978, 92
Stat. 183; renumbered § 5372 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 I, § 104(a)(1)], Nov. 5,
1990, 104 Stat. 1427, 1445; Pub. L. 102–378, § 2(32),
Oct. 2, 1992, 106 Stat. 1350; Pub. L. 106–97, § 1, Nov.
12, 1999, 113 Stat. 1322.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 1010 (3d sen-
tence).
June 11, 1946, ch. 324, § 11 (3d
sentence), 60 Stat. 244.
The exception from the operation of the efficiency
rating system is omitted as covered by sections
4301(2)(E) and 5335(a)(B). The reference to ‘‘subchapter
III of this chapter and chapter 51 of this title’’ is sub-
stituted for ‘‘the Classification Act of 1923, as amend-
ed’’ on authority of section 1106(a) of the Act of Oct. 28,
1949, ch. 782, 63 Stat. 972.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
REFERENCES IN TEXT
Level IV of the Executive Schedule, referred to in
subsec. (b)(1)(C), is set out in section 5315 of this title.
The General Schedule, referred to in subsec. (b)(4), is
set out under section 5332 of this title.
AMENDMENTS
1999—Subsec. (b)(1). Pub. L. 106–97, § 1(1), designated
first sentence as subpar. (A) and struck out after first
sentence the following: ‘‘The rates of basic pay for
those levels shall be as follows:
AL–3, rate A .....
65 percent of the rate of basic pay for
level IV of the Executive Schedule.
AL–3, rate B .....
70 percent of the rate of basic pay for
level IV of the Executive Schedule.
AL–3, rate C .....
75 percent of the rate of basic pay for
level IV of the Executive Schedule.
AL–3, rate D .....
80 percent of the rate of basic pay for
level IV of the Executive Schedule.
AL–3, rate E .....
85 percent of the rate of basic pay for
level IV of the Executive Schedule.
AL–3, rate F .....
90 percent of the rate of basic pay for
level IV of the Executive Schedule.
AL–2 .................
95 percent of the rate of basic pay for
level IV of the Executive Schedule.
AL–1 .................
The rate of basic pay for level IV of
the Executive Schedule.’’
Subsec. (b)(1)(B), (C). Pub. L. 106–97, § 1(1), added sub-
pars. (B) and (C).
Subsec. (b)(3)(A). Pub. L. 106–97, § 1(2), substituted ‘‘at
the beginning of the next pay period following’’ for
‘‘upon’’ in two places.
Subsec. (b)(4). Pub. L. 106–97, § 1(3), added par. (4).
1992—Subsec. (c). Pub. L. 102–378 substituted ‘‘shall’’
for ‘‘shall,’’.
1990—Pub. L. 101–509 amended section generally. Prior
to amendment, section read as follows: ‘‘Administra-
tive law judges appointed under section 3105 of this
title are entitled to pay prescribed by the Office of Per-
sonnel Management independently of agency rec-
ommendations or ratings and in accordance with sub-
chapter III of this chapter and chapter 51 of this title.’’
1978—Pub. L. 95–454, § 906(a)(2), substituted ‘‘Office of
Personnel Management’’ for ‘‘Civil Service Commis-
sion’’.
Pub. L. 95–251 substituted ‘‘Administrative law
judges’’ for ‘‘Hearing examiners’’ in section catchline
and text.
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 ef-
fective 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.
CONVERSION RULE FOR ADMINISTRATIVE LAW JUDGES
Pub. L. 101–509, title V, § 529 [title I, § 104(e)], Nov. 5,
1990, 104 Stat. 1427, 1447, provided that: ‘‘In making ini-
tial pay adjustments for administrative law judges
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of Agency Proceeding.—** In this section, the term “agency proceeding” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
**(b) Availability.—** Agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of transcripts of any agency proceeding or advisory committee meeting.
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Federal law — U.S. Code and appendices · legal_authorities
Page 251
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 1010
(E) the agency responsible for providing
the necessary support for the committee;
(F) a description of the duties for which
the committee is responsible, and, if the du-
ties are not solely advisory, a specification
of the authority for the duties;
(G) the estimated annual operating costs
for the committee in dollars and person-
years;
(H) the estimated number and frequency of
committee meetings;
(I) the committee’s termination date, if
less than 2 years from the date of the com-
mittee’s establishment; and
(J) the date the charter is filed.
(3) COPY
OF
CHARTER
TO
LIBRARY
OF
CON-
GRESS.—A copy of the advisory committee
charter shall be furnished to the Library of
Congress.
(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat.
4201.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1008 ............
5 U.S.C. App.
(FACA § 9)
Pub. L. 92–463, § 9, Oct. 6,
1972, 86 Stat. 773.
In subsection (a)(2) and subsection (c)(1)(A), the word
‘‘Administrator’’ is substituted for ‘‘Director’’ (mean-
ing the Director of the Office of Management and Budg-
et) because of section 5F of Reorganization Plan No. 1
of 1977 (5 U.S.C. App.).
§ 1009. Advisory committee procedures
(a) COMMITTEE MEETINGS.—
(1) OPEN
TO
PUBLIC.—Each advisory com-
mittee meeting shall be open to the public.
(2) NOTICE
OF
MEETINGS.—Except when the
President determines otherwise for reasons of
national security, timely notice of each meet-
ing shall be published in the Federal Register,
and the Administrator shall prescribe regula-
tions to provide for other types of public no-
tice to insure that all interested persons are
notified of each meeting in advance.
(3) PARTICIPATION.—Interested
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
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