5 U.S.C. § 5371 — Health care positions

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