I 

114TH CONGRESS 

1ST SESSION H. R. 3768 

To amend title 5, United States Code, to provide that rates of basic pay 

for members of the Senior Executive Service are determined on the 

basis of the position, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 20, 2015 

Ms. BROWN of Florida introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform, and in addition to the 

Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 5, United States Code, to provide that rates 

of basic pay for members of the Senior Executive Service 

are determined on the basis of the position, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Senior Executive Serv5 ice Taking Responsibility for Unilateral Station Transfers 

6 Act’’ or the ‘‘SES TRUST Act’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 3768 IH

1 SEC. 2. DETERMINATION OF BASIC RATE OF PAY FOR MEM2 BERS OF THE SENIOR EXECUTIVE SERVICE. 

3 (a) IN GENERAL.—Section 5383 of title 5, United 

4 States Code, is amended by striking subsection (a) and 

5 inserting the following— 

6 ‘‘(a)(1) With respect to each Senior Executive Service 

7 position within the applicable agency, the appointing au8 thority shall determine from time to time the annual rate 

9 of basic pay for each such position, consistent with the 

10 applicable limitations on rates of pay provided in section 

11 5382. 

12 ‘‘(2) Any individual appointed to a Senior Executive 

13 Service position shall receive the annual rate of basic pay 

14 applicable to such position, as determined by the appoint15 ing authority under paragraph (1). 

16 ‘‘(3) Notwithstanding any other provision of law, 

17 rule, or regulation, and except as provided in paragraph 

18 (4), any senior executive at an agency who transfers or 

19 otherwise moves to a Senior Executive Service position at 

20 any other agency shall receive the annual rate of basic pay 

21 applicable to such position, as determined by the applica22 ble appointing authority under paragraph (1). 

23 ‘‘(4) Notwithstanding any other provision of law, 

24 rule, or regulation, and except as provided in paragraph 

25 (4), any senior executive at an agency who transfers or 

26 otherwise moves to any other Senior Executive Service poVerDate Sep 11 2014 02:02 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3768.IH H3768

SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 3768 IH

1 sition within the agency, such executive shall, beginning 

2 on the first day of the first pay period beginning after 

3 the date that the executive first occupies such other posi4 tion, receive the annual rate of pay applicable to such 

5 other position. 

6 ‘‘(5)(A) Not later than 30 days after the date that 

7 a senior executive is reassigned under section 3395 to any 

8 other Senior Executive Service position, the Director of 

9 the Office of Personnel Management shall review such re10 assignment decision to ensure that the decision was not 

11 based on any impermissible reason. 

12 ‘‘(B) If the Director determines that the reassign13 ment was based on any impermissible reason, and the rate 

14 of basic pay applicable to such other position (as deter15 mined under subsection (a)(1)) is lower than the rate pro16 vided under the previous position, the senior executive 

17 shall retain the higher rate of basic pay. 

18 ‘‘(C) In this paragraph, the term ‘impermissible rea19 son’ includes any reason other than performance of the 

20 senior executive or interests in the efficiency of the Senior 

21 Executive Service.’’. 

22 (b) CONFORMING AMENDMENTS.—Title 5, United 

23 States Code, is amended— 

24 (1) in section 5382, by striking subsection (c); 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 3768 IH

1 (2) in section 5383(c), by inserting ‘‘and the re2 quirements of section 5383(a)’’ after ‘‘section 

3 5385’’; 

4 (3) in section 5383(d), by adding at the end 

5 after the period the following: ‘‘The preceding sen6 tence shall not apply in the case of any senior execu7 tive subject to the requirements of section 

8 5383(a)(3).’’. 

9 (c) EFFECTIVE DATE.—The Director of the Office of 

10 Personnel Management shall promulgate regulations to 

11 carry out the review required by section 5383(a)(4) of title 

12 5, United States Code (as added by subsection (a)), not 

13 later than the date that is one year after the date of enact14 ment of this Act. 

15 (d) APPLICATION.—Notwithstanding any other provi16 sion of law, rule, or regulation, each individual occupying 

17 a Senior Executive Service position (as that term is de18 fined in section 3132(a)(2) of title 5, United States Code) 

19 on the date of enactment of this Act shall, beginning on 

20 the first day of the first pay period beginning after the 

21 date that the applicable appointing authority makes the 

22 determination under section 5383(a) of title 5, United 

23 States Code (as amended by subsection (a)), receive the 

24 rate of pay applicable to such position, as determined by 

25 the appointing authority under such section. 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 3768 IH

1 SEC. 3. SEMIANNUAL REPORTS ON TRANSFERS OF SENIOR 

2 EXECUTIVES OF DEPARTMENT OF VETERANS 

3 AFFAIRS. 

4 (a) SEMIANNUAL REPORTS.—On a semiannual basis, 

5 the Secretary of Veterans Affairs shall submit to the Com6 mittees on Veterans’ Affairs of the House of Representa7 tives and the Senate a report on covered senior executives 

8 who transfer from one senior executive position in the De9 partment of Veterans Affairs to another senior executive 

10 position in the Department during the period covered by 

11 the report. 

12 (b) MATTERS INCLUDED.—Each report under sub13 section (a) shall include, with respect to each covered sen14 ior executive who transfers from one senior executive posi15 tion in the Department to another senior executive posi16 tion in the Department during the period covered by the 

17 report, the following: 

18 (1) The name of the covered senior executive. 

19 (2) A description of the senior executive posi20 tion from which the covered senior executive trans21 ferred, including the annual rate of basic pay re22 ceived by the covered senior executive in such posi23 tion. 

24 (3) A description of the senior executive posi25 tion to which the covered senior executive trans26 ferred, including the annual rate of basic pay reVerDate Sep 11 2014 02:02 Oct 21, 2015 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3768.IH H3768

SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 3768 IH

1 ceived by the covered senior executive in such posi2 tion. 

3 (4) A description of the purpose of the transfer. 

4 (5) Justification for any increase or decrease in 

5 the annual rate of basic pay received by the covered 

6 senior executive by reason of such transfer. 

7 (6) Information regarding any relocation ex8 penses and any incentives provided to the covered 

9 senior executive as part of such transfer. 

10 (c) DEFINITIONS.—In this section: 

11 (1) The term ‘‘covered senior executive’’ means 

12 an individual (as such term is defined in section 

13 713(g)(1) of title 38, United States Code). 

14 (2) The term ‘‘senior executive position’’ has 

15 the meaning given that term in section 713(g)(3) of 

16 title 38, United States Code. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS