5 U.S.C. § 5371

Health care positions

(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.

( 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 .)