---
kind: "section"
citation: "38 U.S.C. § 7403"
title: "38"
title_heading: "Veterans’ Benefits"
number: "7403"
heading: "Period of appointments; promotions"
release: "119-102"
url: "https://uscodex.org/usc/38/7403"
units:
  - "Part V — Boards, Administrations, and Services"
  - "Chapter 74 — Veterans Health Administration—personnel"
  - "Subchapter I — Appointments"
---

# §7403. Period of appointments; promotions

- (a)
  - (1) Appointments under this chapter of health-care professionals to whom this section applies may be made only after qualifications have been satisfactorily established in accordance with regulations prescribed by the [Secretary](/usc/38/101.md?p=1), without regard to civil-service requirements.
  - (2) This section applies to the following persons appointed under this chapter:
    - (A) Physicians.
    - (B) Dentists.
    - (C) Podiatrists.
    - (D) Optometrists.
    - (E) Nurses.
    - (F) Physician assistants.
    - (G) Expanded-function dental auxiliaries.
    - (H) Chiropractors.
- (b)
  - (1) Except as otherwise provided in this subsection, appointments described in [subsection (a)](#a) shall be for a probationary period of two years.
  - (2) With respect to the appointment of a registered nurse under this chapter, [paragraph (1)](#b-1) shall apply with respect to such appointment regardless of whether such appointment is on a full-time basis or a part-time basis.
  - (3) An appointment described in [subsection (a)](#a) on a part-time basis of a person who has previously served on a full-time basis for the probationary period for the position concerned shall be without a probationary period.
  - (4) The record of each person serving under such an appointment in the Medical, Dental, and Nursing Services shall be reviewed from time to time by a board, appointed in accordance with regulations of the [Secretary](/usc/38/101.md?p=1). If such a board finds that such person is not fully qualified and satisfactory, such person shall be separated from the service.
- (c) Promotions of persons to whom this section applies shall be made only after examination given in accordance with regulations prescribed by the [Secretary](/usc/38/101.md?p=1). Advancement within grade may be made in increments of the minimum rate of basic [pay](/usc/38/7297.md?p=a-3) of the grade in accordance with regulations prescribed by the [Secretary](/usc/38/101.md?p=1).
- (d) In determining eligibility for reinstatement in the Federal civil service of persons appointed to positions in the Administration under this chapter who at the time of appointment have a civil-service status, and whose employment in the Administration is terminated, the period of service performed in the Administration shall be included in computing the period of service under applicable civil-service rules and regulations.
- (e) In accordance with regulations prescribed by the [Secretary](/usc/38/101.md?p=1), the grade and annual rate of basic [pay](/usc/38/7297.md?p=a-3) of a person to whom this section applies whose level of assignment is changed from a level of assignment in which the grade level is based on both the nature of the assignment and personal qualifications may be adjusted to the grade and annual rate of basic [pay](/usc/38/7297.md?p=a-3) otherwise appropriate.
- (f)
  - (1) Upon the recommendation of the Under [Secretary](/usc/38/101.md?p=1) for Health, the [Secretary](/usc/38/101.md?p=1) may—
    - (A) use the authority in [subsection (a)](#a) to establish the qualifications for and (subject to [paragraph (2)](#f-2)) to appoint individuals to positions listed in [section 7401(3) of this title](/usc/38/7401.md?p=3); and
    - (B) use the authority provided in [subsection (c)](#c) for the promotion and advancement of [Department](/usc/38/101.md?p=1) [employees](/usc/38/4303.md?p=3) serving in such positions.
  - (2) In using such authority to appoint individuals to such positions, the [Secretary](/usc/38/101.md?p=1) shall apply the principles of preference for the hiring of [veterans](/usc/38/101.md?p=2) and other persons established in subchapter I of [chapter 33](/usc/5/chptIII-sptB-ch33.md) of title 5.
  - (3) Notwithstanding any other provision of this title or other law, all matters relating to adverse actions, reductions-in-force, the applicability of the principles of preference referred to in [paragraph (2)](#f-2), rights of part-time [employees](/usc/38/4303.md?p=3), disciplinary actions, and grievance procedures involving individuals appointed to such positions, whether appointed under this section or [section 7405(a)(1)(B) of this title](/usc/38/7405.md?p=a-1-B) (including similar actions and procedures involving an [employee](/usc/38/4303.md?p=3) in a probationary status), shall be resolved under the provisions of [title 5](/usc/5.md) as though such individuals had been appointed under that title.
- (g)
  - (1) The [Secretary](/usc/38/101.md?p=1) may appoint in the competitive civil service without regard to the provisions of subchapter I of [chapter 33](/usc/5/chptIII-sptB-ch33.md) of title 5 (other than sections 3303 and 3328 of such title) an individual who—
    - (A) has a recognized degree or certificate from an accredited institution in a health-care profession or occupation; and
    - (B) has successfully completed a clinical education program affiliated with the [Department](/usc/38/101.md?p=1).
  - (2) In using the authority provided by this subsection, the [Secretary](/usc/38/101.md?p=1) shall apply the principles of preference for the hiring of [veterans](/usc/38/101.md?p=2) and other persons established in subchapter I of [chapter 33](/usc/5/chptIII-sptB-ch33.md) of title 5.
- (h)
  - (1) If the [Secretary](/usc/38/101.md?p=1) uses the authority provided in [subsection (c)](#c) for the promotion and advancement of an occupational category of [employees](/usc/38/4303.md?p=3) described in [section 7401(3) of this title](/usc/38/7401.md?p=3), as authorized by [subsection (f)(1)(B)](#f-1-B), the [Secretary](/usc/38/101.md?p=1) shall do so through one or more systems prescribed by the [Secretary](/usc/38/101.md?p=1). Each such system shall be planned, developed, and implemented in collaboration with, and with the participation of, exclusive [employee](/usc/38/4303.md?p=3) representatives of such occupational category of [employees](/usc/38/4303.md?p=3).
  - (2)
    - (A) Before prescribing a system of promotion and advancement of an occupational category of [employees](/usc/38/4303.md?p=3) under [paragraph (1)](#h-1), the [Secretary](/usc/38/101.md?p=1) shall provide to exclusive [employee](/usc/38/4303.md?p=3) representatives of such occupational category of [employees](/usc/38/4303.md?p=3) a written description of the proposed system.
    - (B) Not later than 30 days after receipt of the description of a proposed system under [subparagraph (A)](#h-2-A), exclusive [employee](/usc/38/4303.md?p=3) representatives may submit to the [Secretary](/usc/38/101.md?p=1) the recommendations, if any, of such exclusive [employee](/usc/38/4303.md?p=3) representatives with respect to the proposed system.
    - (C) The [Secretary](/usc/38/101.md?p=1) shall give full and fair consideration to any recommendations received under [subparagraph (B)](#h-2-B) in deciding whether and how to proceed with a proposed system.
  - (3) The [Secretary](/usc/38/101.md?p=1) shall implement immediately any part of a system of promotion and advancement under [paragraph (1)](#h-1) that is proposed under [paragraph (2)](#h-2) for which the [Secretary](/usc/38/101.md?p=1) receives no recommendations from exclusive [employee](/usc/38/4303.md?p=3) representatives under [paragraph (2)](#h-2).
  - (4) If the [Secretary](/usc/38/101.md?p=1) receives recommendations under [paragraph (2)](#h-2) from exclusive [employee](/usc/38/4303.md?p=3) representatives on any part of a proposed system of promotion and advancement under that paragraph, the [Secretary](/usc/38/101.md?p=1) shall determine whether or not to accept the recommendations, either in whole or in part. If the [Secretary](/usc/38/101.md?p=1) determines not to accept all or part of the recommendations, the [Secretary](/usc/38/101.md?p=1) shall—
    - (A) notify the [congressional veterans](#h-9)’ affairs committees of the recommendations and of the portion of the recommendations that the [Secretary](/usc/38/101.md?p=1) has determined not to accept;
    - (B) meet and confer with such exclusive [employee](/usc/38/4303.md?p=3) representatives, for a period not less than 30 days, for purposes of attempting to reach an agreement on whether and how to proceed with the portion of the recommendations that the [Secretary](/usc/38/101.md?p=1) has determined not to accept;
    - (C) at the election of the [Secretary](/usc/38/101.md?p=1), or of a majority of such exclusive [employee](/usc/38/4303.md?p=3) representatives who are participating in negotiations on such matter, employ the services of the Federal Mediation and Conciliation Service during the period referred to in [subparagraph (B)](#h-4-B) for purposes of reaching such agreement; and
    - (D) if the [Secretary](/usc/38/101.md?p=1) determines that activities under subparagraph [(B)](#h-4-B), [(C)](#h-4-C), or both are unsuccessful at reaching such agreement and determines (in the sole and unreviewable discretion of the [Secretary](/usc/38/101.md?p=1)) that further meeting and conferral under [subparagraph (B)](#h-4-B), mediation under [subparagraph (C)](#h-4-C), or both are unlikely to reach such agreement—
      - (i) notify the [congressional veterans](#h-9)’ affairs committees of such determinations, identify for such committees the portions of the recommendations that the [Secretary](/usc/38/101.md?p=1) has determined not to accept, and provide such committees an explanation and justification for determining to implement the part of the system subject to such portions of the recommendations without regard to such portions of the recommendations; and
      - (ii) commencing not earlier than 30 days after notice under [clause (i)](#h-4-D-i), implement the part of the system subject to the recommendations that the [Secretary](/usc/38/101.md?p=1) has determined not to accept without regard to those recommendations.
  - (5) If the [Secretary](/usc/38/101.md?p=1) and exclusive [employee](/usc/38/4303.md?p=3) representatives reach an agreement under [paragraph (4)](#h-4) providing for the resolution of a disagreement on one or more portions of the recommendations that the [Secretary](/usc/38/101.md?p=1) had determined not to accept under that paragraph, the [Secretary](/usc/38/101.md?p=1) shall immediately implement such resolution.
  - (6) In implementing a system of promotion and advancement under this subsection, the [Secretary](/usc/38/101.md?p=1) shall—
    - (A) develop and implement mechanisms to permit exclusive [employee](/usc/38/4303.md?p=3) representatives to participate in the periodic review and evaluation of the system, including peer review, and in any further planning or development required with respect to the system as a result of such review and evaluation; and
    - (B) provide exclusive [employee](/usc/38/4303.md?p=3) representatives appropriate access to information to ensure that the participation of such exclusive [employee](/usc/38/4303.md?p=3) representative in activities under [subparagraph (A)](#h-6-A) is productive.
  - (7)
    - (A) The [Secretary](/usc/38/101.md?p=1) may from time to time modify a system of promotion and advancement under this subsection.
    - (B) In modifying a system, the [Secretary](/usc/38/101.md?p=1) shall take into account any recommendations made by the exclusive [employee](/usc/38/4303.md?p=3) representatives concerned.
    - (C) In modifying a system, the [Secretary](/usc/38/101.md?p=1) shall comply with [paragraphs (2) through (5)](#h-2..h-5) and shall treat any proposal for the modification of a system as a proposal for a system for purposes of such paragraphs.
    - (D) The [Secretary](/usc/38/101.md?p=1) shall promptly submit to the [congressional veterans](#h-9)’ affairs committees a report on any modification of a system. Each report shall include—
      - (i) an explanation and justification of the modification; and
      - (ii) a description of any recommendations of exclusive [employee](/usc/38/4303.md?p=3) representatives with respect to the modification and a statement whether or not the modification was revised in light of such recommendations.
  - (8) In the case of [employees](/usc/38/4303.md?p=3) who are not within a unit with respect to which a labor organization is accorded exclusive recognition, the [Secretary](/usc/38/101.md?p=1) may develop procedures for input from representatives under this subsection from any appropriate organization that represents a substantial percentage of such [employees](/usc/38/4303.md?p=3) or, if none, in such other manner as the [Secretary](/usc/38/101.md?p=1) considers appropriate, consistent with the purposes of this subsection.
  - (9) In this subsection, the term “congressional veterans’ affairs committees” means the Committees on [Veterans](/usc/38/101.md?p=2)’ Affairs of the Senate and the House of Representatives.

## Source credit

(Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 224; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 108–170, title III, §§ 301(b), 302(c), Dec. 6, 2003, 117 Stat. 2055, 2058; Pub. L. 111–163, title VI, § 601(b), May 5, 2010, 124 Stat. 1168.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 4106 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

### Amendments

2010—Subsec. (b)(1). Pub. L. 111–163, § 601(b)(1), substituted “Except as otherwise provided in this subsection, appointments” for “Appointments”.

Subsec. (b)(2) to (4). Pub. L. 111–163, § 601(b)(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4).

2003—Subsec. (a)(2)(H). Pub. L. 108–170, § 302(c), added subpar. (H).

Subsec. (f)(3). Pub. L. 108–170, § 301(b)(1), inserted “reductions-in-force, the applicability of the principles of preference referred to in paragraph (2), rights of part-time employees,” after “adverse actions,”, “, whether appointed under this section or section 7405(a)(1)(B) of this title” after “such positions”, and comma after “status)”.

Subsec. (h). Pub. L. 108–170, § 301(b)(2), added subsec. (h).

1992—Subsec. (f)(1). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2003 Amendment

Amendment by section 302(c) of Pub. L. 108–170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108–170, set out as a note under section 7316 of this title.