I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Employee Dis-
closure (FED) Transparency Act’’. 
SEC. 2. DISCLOSURE OF PENSION RECORDS UNDER THE 
FREEDOM OF INFORMATION ACT. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the pension record of an individual who is 
an annuitant under chapter 83 or 84 of title 5, United 
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States Code, shall be considered a record for purposes of 
section 552 of title 5, United States Code (commonly re-
ferred 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 infor-
mation 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 an-
nuitant, including the agency and division 
for such position, position title, location, 
and ZIP code of the place of employment 
for such position; 
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(iii) date of appointment to such posi-
tion; 
(iv) monthly annuity amount; 
(v) last plan grade, if applicable; 
(vi) total employee annuity contribu-
tion; 
(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 in-
clude— 
(i) information regarding a medical 
condition of the annuitant; or 
(ii) any information identifying a des-
ignated beneficiary of the individual. 
(c) UPDATE OF REGULATIONS.—Not later than 30 
days after the date of the enactment of this Act, the Direc-
tor 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. 
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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: 
‘‘§ 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 
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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 great-
er than $10,000, including the reasons why the 
bonus was awarded and the metrics used to deter-
mine 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 Ten-
nessee 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 sub-
section (a) shall apply to any performance bonus (as that 
term is described in section 4510 of title 5, United States 
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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.’’. 
Æ 
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