PUBLIC LAW 108–170—DEC. 6, 2003
117 STAT. 2055
(A) by striking paragraph (2) and inserting the following new paragraph (2): ‘‘(2) Scientific and professional personnel, such as microbiologists, chemists, and biostatisticians.’’; and (B) by striking paragraph (3) and inserting the following new paragraph (3): ‘‘(3) Audiologists, speech pathologists, and audiologistspeech pathologists, biomedical engineers, certified or registered respiratory therapists, dietitians, licensed physical therapists, licensed practical or vocational nurses, medical instrument technicians, medical records administrators or specialists, medical records technicians, medical and dental technologists, nuclear medicine technologists, occupational therapists, occupational therapy assistants, kinesiotherapists, orthotistprosthetists, pharmacists, pharmacy technicians, physical therapy assistants, prosthetic representatives, psychologists, diagnostic radiologic technicians, therapeutic radiologic technicians, and social workers.’’. (2) Personnel appointed to the Veterans Health Administration before the date of the enactment of this Act who are in an occupational category of employees specified in paragraph (3) of section 7401 of title 38, United States Code, by reason of the amendment made by paragraph (1)(B) of this subsection shall, as of such date, be deemed to have been appointed to the Administration under such paragraph (3). (b) APPOINTMENTS AND PROMOTIONS.—Section 7403 of such title is amended— (1) in subsection (f)(3)— (A) by inserting ‘‘reductions-in-force, the applicability of the principles of preference referred to in paragraph (2), rights of part-time employees,’’ after ‘‘adverse actions,’’; (B) by inserting ‘‘, whether appointed under this section or section 7405(a)(1)(B) of this title’’ after ‘‘such positions’’; and (C) by inserting a comma after ‘‘status)’’; and (2) by adding at the end the following new subsection: ‘‘(h)(1) If the Secretary uses the authority provided in subsection (c) for the promotion and advancement of an occupational category of employees described in section 7401(3) of this title, as authorized by subsection (f)(1)(B), the Secretary shall do so through one or more systems prescribed by the Secretary. Each such system shall be planned, developed, and implemented in collaboration with, and with the participation of, exclusive employee representatives of such occupational category of employees. ‘‘(2)(A) Before prescribing a system of promotion and advancement of an occupational category of employees under paragraph (1), the Secretary shall provide to exclusive employee representatives of such occupational category of employees 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), exclusive employee representatives may submit to the Secretary the recommendations, if any, of such exclusive employee representatives with respect to the proposed system. ‘‘(C) The Secretary shall give full and fair consideration to any recommendations received under subparagraph (B) in deciding whether and how to proceed with a proposed system.
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