SES TRUST Act

Senior Executive Service Taking Responsibility for Unilateral Station Transfers Act or the SES TRUST Act

This bill directs the appointing authority for each agency to periodically determine the annual rate of basic pay for each Senior Executive Service (SES) position within such agency. Any senior executive who transfers or otherwise moves to an SES position with the same or any other agency shall receive the rate of pay applicable to that position.

The Office of Personnel Management (OPM) must review any decision to reassign a senior executive to another SES position, within 30 days after such reassignment, to ensure that the decision was not based on an impermissible reason (defined as any reason other than performance of the senior executive or interests in the efficiency of the SES). If OPM determines that the reassignment was based on an impermissible reason, and the rate of basic pay applicable to such other position is lower than the rate provided under the previous position, the senior executive shall retain the higher rate of pay.

The bill requires the Department of Veterans Affairs (VA) to submit, semiannually, a report on covered senior executives who transfer from one SES position to another within the VA, including a justification for any increase or decrease in pay, and information on any incentives or relocation expenses, received by such person.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3768 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Executive Service Taking 
Responsibility for Unilateral Station Transfers Act'' or the ``SES 
TRUST Act''.

SEC. 2. DETERMINATION OF BASIC RATE OF PAY FOR MEMBERS 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 authority 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 appointing 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 
applicable 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 position 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 position, 
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 reassignment decision to ensure that the 
decision was not based on any impermissible reason.
    ``(B) If the Director determines that the reassignment was based on 
any impermissible reason, and the rate of basic pay applicable to such 
other position (as determined under subsection (a)(1)) is lower than 
the rate provided under the previous position, the senior executive 
shall retain the higher rate of basic pay.
    ``(C) In this paragraph, the term `impermissible reason' 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);
            (2) in section 5383(c), by inserting ``and the requirements 
        of section 5383(a)'' after ``section 5385'';
            (3) in section 5383(d), by adding at the end after the 
        period the following: ``The preceding sentence shall not apply 
        in the case of any senior executive 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 enactment of this Act.
    (d) Application.--Notwithstanding any other provision of law, rule, 
or regulation, each individual occupying a Senior Executive Service 
position (as that term is defined 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.

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 Committees on Veterans' Affairs of 
the House of Representatives and the Senate a report on covered senior 
executives who transfer from one senior executive position in the 
Department of Veterans Affairs to another senior executive position in 
the Department during the period covered by the report.
    (b) Matters Included.--Each report under subsection (a) shall 
include, with respect to each covered senior executive who transfers 
from one senior executive position in the Department to another senior 
executive position 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 position from 
        which the covered senior executive transferred, including the 
        annual rate of basic pay received by the covered senior 
        executive in such position.
            (3) A description of the senior executive position to which 
        the covered senior executive transferred, including the annual 
        rate of basic pay received by the covered senior executive in 
        such position.
            (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 expenses 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.
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