IIB 

118TH CONGRESS 

1ST SESSION H. R. 139 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2023 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To require Executive agencies to submit to Congress a study 

of the impacts of expanded telework and remote work 

by agency employees during the COVID–19 pandemic 

and a plan for the agency’s future use of telework and 

remote work, 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, 


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HR 139 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Stopping Home Office 

3 Work’s Unproductive Problems Act of 2023’’ or the 

4 ‘‘SHOW UP Act of 2023’’. 

5 SEC. 2. REINSTATEMENT OF PRE-PANDEMIC TELEWORK 

6 POLICIES, PRACTICES, AND LEVELS FOR EX7 ECUTIVE AGENCIES. 

8 Not later than 30 days after the date of enactment 

9 of this Act, each agency shall reinstate and apply the 

10 telework policies, practices, and levels of the agency as in 

11 effect on December 31, 2019, and may not expand any 

12 such policy, practices, or levels until the date that an agen13 cy plan is submitted to Congress with a certification by 

14 the Director of the Office of Personnel Management under 

15 section 3. 

16 SEC. 3. STUDY, PLAN, AND CERTIFICATION REGARDING EX17 ECUTIVE AGENCY TELEWORK POLICIES, 

18 PRACTICES, AND LEVELS FOR EXECUTIVE 

19 AGENCIES. 

20 (a) IN GENERAL.—Not later than 6 months after the 

21 date of enactment of this Act, the head of each agency, 

22 in consultation with the Director, shall submit to Con23 gress— 

24 (1) a study on the impacts on the agency and 

25 its mission of expanding telework by its employees 


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1 during the SARS–CoV–2 pandemic that commenced 

2 in 2019, including an analysis of— 

3 (A) any adverse impacts of that expansion 

4 on the agency’s performance of its mission, in5 cluding the performance of customer service by 

6 the agency; 

7 (B) any costs to the agency during that ex8 pansion attributable to— 

9 (i) owning, leasing, or maintaining 

10 under-utilized real property; or 

11 (ii) paying higher rates of locality pay 

12 to teleworking employees as a result of in13 correctly classifying such employees as 

14 teleworkers rather than remote workers; 

15 (C) any degree to which the agency failed 

16 during that expansion to provide teleworking 

17 employees with secure network capacity, com18 munications tools, necessary and secure access 

19 to appropriate agency data assets and Federal 

20 records, and equipment sufficient to enable each 

21 such employee to be fully productive; 

22 (D) any degree to which that expansion fa23 cilitated dispersal of the agency workforce 

24 around the Nation; and 


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1 (E) any other impacts of that expansion 

2 that the agency or the Director considers ap3 propriate; 

4 (2) any agency plan to expand telework policies, 

5 practices, or levels beyond those in place as a result 

6 of section 2; and 

7 (3) a certification by the Director that such 

8 plan will— 

9 (A) have a substantial positive effect on— 

10 (i) the performance of the agency’s 

11 mission, including the performance of cus12 tomer service; 

13 (ii) increasing the level of dispersal of 

14 agency personnel throughout the Nation; 

15 and 

16 (iii) the reversal of any adverse im17 pact set forth pursuant to paragraph 

18 (1)(D); 

19 (B) substantially lower the agency’s costs 

20 of owning, leasing, or maintaining real prop21 erty; 

22 (C) substantially lower the agency’s costs 

23 attributable to paying locality pay to agency 

24 personnel working from locations outside the 


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1 pay locality of their position’s official worksite; 

2 and 

3 (D) ensure that teleworking employees will 

4 be provided with secure network capacity, com5 munications tools, necessary and secure access 

6 to appropriate agency data assets and Federal 

7 records, and equipment sufficient to enable each 

8 such employee to be fully productive, without 

9 substantially increasing the agency’s overall 

10 costs for secure network capacity, communica11 tions tools, and equipment. 

12 (b) LIMITATION.— 

13 (1) IN GENERAL.—An agency may not imple14 ment the plan submitted under subsection (a)(2) un15 less a certification by the Director was issued under 

16 subsection (a)(3). 

17 (2) SUBSEQUENT PLANS.—In the event an ini18 tial agency plan submitted under subsection (a)(2) 

19 fails to receive such certification, the agency may 

20 submit to the Director subsequent plans until such 

21 certification is received, and submit such plan and 

22 certification to Congress. 

23 (c) DEFINITIONS.—In this Act— 


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

2 the term ‘‘Executive agency’’ in section 105 of title 

3 5, United States Code; 

4 (2) the term ‘‘Director’’ means the Director of 

5 the Office of Personnel Management; 

6 (3) the term ‘‘locality pay’’ means locality pay 

7 provided for under section 5304 or 5304a of such 

8 title; and 

9 (4) the terms ‘‘telework’’ and ‘‘teleworking’’ 

10 have the meaning given those terms in section 6501 

11 of such title, and include remote work. 

Passed the House of Representatives February 1, 

2023. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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