[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3768 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 3768

   To require the disclosure of pension records under the Freedom of 
                Information Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2021

 Mr. Hice of Georgia introduced the following bill; which was referred 
                to the Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
   To require the disclosure of pension records under the Freedom of 
                Information Act, 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 ``Federal Employee Disclosure (FED) 
Transparency Act''.

SEC. 2. DISCLOSURE OF PENSION RECORDS UNDER THE FREEDOM OF INFORMATION 
              ACT.

    (a) In General.--Notwithstanding any other provision of law, the 
pension record of an individual who is an annuitant under chapter 83 or 
84 of title 5, United States Code, shall be considered a record for 
purposes of section 552 of title 5, United States Code (commonly 
referred to as the Freedom of Information Act), and shall be made 
available in accordance with subsection (a)(3) of such section.
    (b) Definitions.--In this section:
            (1) Annuitant.--The term ``annuitant'' means an annuitant 
        as defined in--
                    (A) section 8331 of title 5, United States Code; or
                    (B) section 8401 of such title.
            (2) Pension record.--
                    (A) In general.--The term ``pension record'' means 
                any record containing any information concerning an 
                annuitant receiving an annuity under chapter 83 or 84 
                of title 5, United States Code, including, with respect 
                to the annuitant--
                            (i) full name;
                            (ii) the most recent position of the 
                        annuitant, including the agency and division 
                        for such position, position title, location, 
                        and ZIP code of the place of employment for 
                        such position;
                            (iii) date of appointment to such position;
                            (iv) monthly annuity amount;
                            (v) last plan grade, if applicable;
                            (vi) total employee annuity contribution;
                            (vii) total reported wages;
                            (viii) total service credits;
                            (ix) retirement date; and
                            (x) with respect to an annuitant who was an 
                        employee of the United States Postal Service, 
                        the name of the facility that was the last 
                        place of employment of the annuitant.
                    (B) Exclusions.--Such term does not include--
                            (i) information regarding a medical 
                        condition of the annuitant; or
                            (ii) any information identifying a 
                        designated beneficiary of the individual.
    (c) Update of Regulations.--Not later than 30 days after the date 
of the enactment of this Act, the Director of the Office of Personnel 
Management shall update section 293.311 of title 5, Code of Federal 
Regulations, in accordance with the requirements of this section.

SEC. 3. DISCLOSURE, DOCUMENTATION, AND REPORTING OF PERFORMANCE AWARDS.

    (a) In General.--Subchapter I of chapter 45 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 4510. Disclosure, documentation, and reporting of performance 
              awards
    ``(a)(1) Not later than 30 days after the end of fiscal year 2021 
and each fiscal year thereafter, the head of each agency shall submit a 
report to the Director of the Office of Personnel Management describing 
each performance bonus awarded to an employee of the agency during the 
most recently ended fiscal year, the name of the employee receiving the 
bonus, and the amount of the bonus.
    ``(2) With respect to any performance bonus included in a report 
submitted under paragraph (1) that was equal to or greater than 
$10,000, the agency head shall include in the report a detailed 
description of the reasons why the bonus was awarded and the metrics 
used to determine that such bonus was appropriate.
    ``(b) Not later than January 1 of each fiscal year, the Director of 
the Office of Personnel Management shall--
            ``(1) publish, on the Office's public internet website, a 
        list containing the name of any employee receiving a 
        performance bonus in the most recently ended fiscal year, the 
        agency that awarded the bonus, and the amount of the bonus; and
            ``(2) submit a report to Congress containing a list of each 
        performance bonus awarded in the most recently ended fiscal 
        year that was equal to or greater than $10,000, including the 
        reasons why the bonus was awarded and the metrics used to 
        determine that the bonus was appropriate, as provided under 
        subsection (a)(2).
    ``(c) For purposes of this section--
            ``(1) the term `agency' has the meaning given such term in 
        section 4501 and includes--
                    ``(A) the United States Postal Service and the 
                Postal Regulatory Commission; and
                    ``(B) notwithstanding the matter following 
                subparagraph (G) of such section, the Tennessee Valley 
                Authority and the Central Bank for Cooperatives; and
            ``(2) the term `performance bonus' includes any 
        performance-based bonus, including a bonus under this 
        subchapter or section 5384.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to any performance bonus (as that term is described in section 4510 of 
title 5, United States Code, as added by such subsection) made on or 
after the date of enactment of this Act.
    (c) Clerical Amendment.--The table of sections for subchapter I of 
chapter 45 of title 5, United States Code, is amended by inserting 
after the item relating to section 4509 the following:

``4510. Disclosure, documentation, and reporting of performance 
                            awards.''.
                                 <all>