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 deter-
mined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Senior Executive Serv-
ice Taking Responsibility for Unilateral Station Transfers 
Act’’ or the ‘‘SES TRUST Act’’. 
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SEC. 2. DETERMINATION OF BASIC RATE OF PAY FOR MEM-
BERS OF THE SENIOR EXECUTIVE SERVICE. 
(a) IN GENERAL.—Section 5383 of title 5, United 
States Code, is amended by striking subsection (a) and 
inserting the following— 
‘‘(a)(1) With respect to each Senior Executive Service 
position within the applicable agency, the appointing au-
thority shall determine from time to time the annual rate 
of basic pay for each such position, consistent with the 
applicable limitations on rates of pay provided in section 
5382. 
‘‘(2) Any individual appointed to a Senior Executive 
Service position shall receive the annual rate of basic pay 
applicable to such position, as determined by the appoint-
ing authority under paragraph (1). 
‘‘(3) Notwithstanding any other provision of law, 
rule, or regulation, and except as provided in paragraph 
(4), any senior executive at an agency who transfers or 
otherwise moves to a Senior Executive Service position at 
any other agency shall receive the annual rate of basic pay 
applicable to such position, as determined by the applica-
ble appointing authority under paragraph (1). 
‘‘(4) Notwithstanding any other provision of law, 
rule, or regulation, and except as provided in paragraph 
(4), any senior executive at an agency who transfers or 
otherwise moves to any other Senior Executive Service po-
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sition within the agency, such executive shall, beginning 
on the first day of the first pay period beginning after 
the date that the executive first occupies such other posi-
tion, receive the annual rate of pay applicable to such 
other position. 
‘‘(5)(A) Not later than 30 days after the date that 
a senior executive is reassigned under section 3395 to any 
other Senior Executive Service position, the Director of 
the Office of Personnel Management shall review such re-
assignment decision to ensure that the decision was not 
based on any impermissible reason. 
‘‘(B) If the Director determines that the reassign-
ment was based on any impermissible reason, and the rate 
of basic pay applicable to such other position (as deter-
mined under subsection (a)(1)) is lower than the rate pro-
vided under the previous position, the senior executive 
shall retain the higher rate of basic pay. 
‘‘(C) In this paragraph, the term ‘impermissible rea-
son’ includes any reason other than performance of the 
senior executive or interests in the efficiency of the Senior 
Executive Service.’’. 
(b) CONFORMING AMENDMENTS.—Title 5, United 
States Code, is amended— 
(1) in section 5382, by striking subsection (c); 
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(2) in section 5383(c), by inserting ‘‘and the re-
quirements of section 5383(a)’’ after ‘‘section 
5385’’; 
(3) in section 5383(d), by adding at the end 
after the period the following: ‘‘The preceding sen-
tence shall not apply in the case of any senior execu-
tive 
subject 
to 
the 
requirements 
of 
section 
5383(a)(3).’’. 
(c) EFFECTIVE DATE.—The Director of the Office of 
Personnel Management shall promulgate regulations to 
carry out the review required by section 5383(a)(4) of title 
5, United States Code (as added by subsection (a)), not 
later than the date that is one year after the date of enact-
ment of this Act. 
(d) APPLICATION.—Notwithstanding any other provi-
sion of law, rule, or regulation, each individual occupying 
a Senior Executive Service position (as that term is de-
fined in section 3132(a)(2) of title 5, United States Code) 
on the date of enactment of this Act shall, beginning on 
the first day of the first pay period beginning after the 
date that the applicable appointing authority makes the 
determination under section 5383(a) of title 5, United 
States Code (as amended by subsection (a)), receive the 
rate of pay applicable to such position, as determined by 
the appointing authority under such section. 
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SEC. 3. SEMIANNUAL REPORTS ON TRANSFERS OF SENIOR 
EXECUTIVES OF DEPARTMENT OF VETERANS 
AFFAIRS. 
(a) SEMIANNUAL REPORTS.—On a semiannual basis, 
the Secretary of Veterans Affairs shall submit to the Com-
mittees on Veterans’ Affairs of the House of Representa-
tives and the Senate a report on covered senior executives 
who transfer from one senior executive position in the De-
partment of Veterans Affairs to another senior executive 
position in the Department during the period covered by 
the report. 
(b) MATTERS INCLUDED.—Each report under sub-
section (a) shall include, with respect to each covered sen-
ior executive who transfers from one senior executive posi-
tion in the Department to another senior executive posi-
tion in the Department during the period covered by the 
report, the following: 
(1) The name of the covered senior executive. 
(2) A description of the senior executive posi-
tion from which the covered senior executive trans-
ferred, including the annual rate of basic pay re-
ceived by the covered senior executive in such posi-
tion. 
(3) A description of the senior executive posi-
tion to which the covered senior executive trans-
ferred, including the annual rate of basic pay re-
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ceived by the covered senior executive in such posi-
tion. 
(4) A description of the purpose of the transfer. 
(5) Justification for any increase or decrease in 
the annual rate of basic pay received by the covered 
senior executive by reason of such transfer. 
(6) Information regarding any relocation ex-
penses and any incentives provided to the covered 
senior executive as part of such transfer. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered senior executive’’ means 
an individual (as such term is defined in section 
713(g)(1) of title 38, United States Code). 
(2) The term ‘‘senior executive position’’ has 
the meaning given that term in section 713(g)(3) of 
title 38, United States Code. 
Æ 
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