I 

116TH CONGRESS 

1ST SESSION H. R. 2612 

To require the disclosure of pension records under the Freedom of 

Information Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2019 

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. 

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 ‘‘Federal Employee Dis5 closure (FED) Transparency Act’’. 

6 SEC. 2. DISCLOSURE OF PENSION RECORDS UNDER THE 

7 FREEDOM OF INFORMATION ACT. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, the pension record of an individual who is 

10 an annuitant under chapter 83 or 84 of title 5, United 


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1 States Code, shall be considered a record for purposes of 

2 section 552 of title 5, United States Code (commonly re3 ferred to as the Freedom of Information Act), and shall 

4 be made available in accordance with subsection (a)(3) of 

5 such section. 

6 (b) DEFINITIONS.—In this section: 

7 (1) ANNUITANT.—The term ‘‘annuitant’’ means 

8 an annuitant as defined in— 

9 (A) section 8331 of title 5, United States 

10 Code; or 

11 (B) section 8401 of such title. 

12 (2) PENSION RECORD.— 

13 (A) IN GENERAL.—The term ‘‘pension 

14 record’’ means any record containing any infor15 mation concerning an annuitant receiving an 

16 annuity under chapter 83 or 84 of title 5, 

17 United States Code, including, with respect to 

18 the annuitant— 

19 (i) full name; 

20 (ii) the most recent position of the an21 nuitant, including the agency and division 

22 for such position, position title, location, 

23 and ZIP code of the place of employment 

24 for such position; 


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1 (iii) date of appointment to such posi2 tion; 

3 (iv) monthly annuity amount; 

4 (v) last plan grade, if applicable; 

5 (vi) total employee annuity contribu6 tion; 

7 (vii) total reported wages; 

8 (viii) total service credits; 

9 (ix) retirement date; and 

10 (x) with respect to an annuitant who 

11 was an employee of the United States 

12 Postal Service, the name of the facility 

13 that was the last place of employment of 

14 the annuitant. 

15 (B) EXCLUSIONS.—Such term does not in16 clude— 

17 (i) information regarding a medical 

18 condition of the annuitant; or 

19 (ii) any information identifying a des20 ignated beneficiary of the individual. 

21 (c) UPDATE OF REGULATIONS.—Not later than 30 

22 days after the date of the enactment of this Act, the Direc23 tor of the Office of Personnel Management shall update 

24 section 293.311 of title 5, Code of Federal Regulations, 

25 in accordance with the requirements of this section. 


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1 SEC. 3. DISCLOSURE, DOCUMENTATION, AND REPORTING 

2 OF PERFORMANCE AWARDS. 

3 (a) IN GENERAL.—Subchapter I of chapter 45 of title 

4 5, United States Code, is amended by adding at the end 

5 the following: 

6 ‘‘§ 4510. Disclosure, documentation, and reporting of 

7 performance awards 

8 ‘‘(a)(1) Not later than 30 days after the end of fiscal 

9 year 2020 and each fiscal year thereafter, the head of each 

10 agency shall submit a report to the Director of the Office 

11 of Personnel Management describing each performance 

12 bonus awarded to an employee of the agency during the 

13 most recently ended fiscal year, the name of the employee 

14 receiving the bonus, and the amount of the bonus. 

15 ‘‘(2) With respect to any performance bonus included 

16 in a report submitted under paragraph (1) that was equal 

17 to or greater than $10,000, the agency head shall include 

18 in the report a detailed description of the reasons why the 

19 bonus was awarded and the metrics used to determine that 

20 such bonus was appropriate. 

21 ‘‘(b) Not later than January 1 of each fiscal year, 

22 the Director of the Office of Personnel Management 

23 shall— 

24 ‘‘(1) publish, on the Office’s public internet 

25 website, a list containing the name of any employee 

26 receiving a performance bonus in the most recently 


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1 ended fiscal year, the agency that awarded the 

2 bonus, and the amount of the bonus; and 

3 ‘‘(2) submit a report to Congress containing a 

4 list of each performance bonus awarded in the most 

5 recently ended fiscal year that was equal to or great6 er than $10,000, including the reasons why the 

7 bonus was awarded and the metrics used to deter8 mine that the bonus was appropriate, as provided 

9 under subsection (a)(2). 

10 ‘‘(c) For purposes of this section— 

11 ‘‘(1) the term ‘agency’ has the meaning given 

12 such term in section 4501 and includes— 

13 ‘‘(A) the United States Postal Service and 

14 the Postal Regulatory Commission; and 

15 ‘‘(B) notwithstanding the matter following 

16 subparagraph (G) of such section, the Ten17 nessee Valley Authority and the Central Bank 

18 for Cooperatives; and 

19 ‘‘(2) the term ‘performance bonus’ includes any 

20 performance-based bonus, including a bonus under 

21 this subchapter or section 5384.’’. 

22 (b) APPLICATION.—The amendment made by sub23 section (a) shall apply to any performance bonus (as that 

24 term is described in section 4510 of title 5, United States 


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1 Code, as added by such subsection) made on or after the 

2 date of enactment of this Act. 

3 (c) CLERICAL AMENDMENT.—The table of sections 

4 for subchapter I of chapter 45 of title 5, United States 

5 Code, is amended by inserting after the item relating to 

6 section 4509 the following: 

‘‘4510. Disclosure, documentation, and reporting of performance awards.’’. 

Æ 


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