(a) Except as otherwise specifically provided in this title, the
authority of the Secretary to prescribe regulations under section
7421 of this title is subject to the right of Federal employees to
engage in collective bargaining with respect to conditions of
employment through representatives chosen by them in accordance
with chapter 71 of title 5 (relating to labor-management
(b) Such collective bargaining (and any grievance procedures
provided under a collective bargaining agreement) in the case of
employees described in section 7421(b) of this title may not cover,
or have any applicability to, any matter or question concerning or
arising out of (1) professional conduct or competence, (2) peer
review, or (3) the establishment, determination, or adjustment of
employee compensation under this title.
(c) For purposes of this section, the term "professional conduct
or competence" means any of the following:
(1) Direct patient care.
(2) Clinical competence.
(d) An issue of whether a matter or question concerns or arises
out of (1) professional conduct or competence, (2) peer review, or
(3) the establishment, determination, or adjustment of employee
compensation under this title shall be decided by the Secretary and
is not itself subject to collective bargaining and may not be
reviewed by any other agency.
(e) A petition for judicial review or petition for enforcement
under section 7123 of title 5 in any case involving employees
described in section 7421(b) of this title or arising out of the
applicability of chapter 71 of title 5 to employees in those
positions, shall be taken only in the United States Court of
Appeals for the District of Columbia Circuit.