Federal Employee Disclosure (FED) Transparency Act
This bill requires federal agencies to report to the Office of Personnel Management (OPM) information about each performance bonus awarded to an employee. The OPM must publish such information.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Reform.
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