Number:        118-1   
Date:             February 6, 2023

The House Passes H.R. 139,
SHOW UP Act of 2023

On February 01, 2023, the House passed H.R.139, the “Stopping Home Office Work’s Unproductive Problems Act of 2023” or the SHOW UP Act of 2023, by a roll call vote of 221-206. The bill would, among other things, require federal agencies to reinstate their 2019 pre-pandemic telework policies, and require any expansion of telework to be certified by the Office of Personnel Management (OPM) as having a positive effect on the agency's mission and operational costs.

The legislation, which passed the House along party lines, now moves to the Senate, where support is less certain.

H.R. 139 contains the following provisions of interest to the Social Security Administration (SSA).

Sec. 2. Reinstatement of Pre-Pandemic Telework Policies, Practices and Levels for Executive Agencies.

• Would require each agency, not later than 30 days after the date of enactment, to reinstate and apply the telework policies, practices, and levels of the agency as in effect on December 31, 2019. Agencies would not be allowed to expand any such policy, practices, or levels until the date that an agency plan is submitted to Congress with a certification by the Director of the OPM under section 3.

Sec. 3. Study, Plan, and Certification Regarding Executive Agency Telework Policies, Practices, and Levels for Executive Agencies.

• Would require each agency, in consultation with the OPM, to submit to Congress not later than 6 months after the date of enactment, the following:
• A study on the impacts on the agency and its mission of expanding telework during the 2019 SARS–CoV–2 pandemic, including an analysis of any adverse impact on agency performance and operational costs1 .
• Any agency plan to expand telework policies, practices, or levels beyond those in place as a result of section 2;

Limitation

• An agency may not implement the plan submitted to Congress unless a certification2 by OPM confirms the change would have a substantial positive effect on agency performance and costs.
• In the event an initial agency plan submitted to OPM fails to receive such certification, the agency may submit to the OPM subsequent plans until such certification is received, and submit such plan and certification to Congress.

Effective Date

• Unless otherwise stated, the provisions of this bill would be effective upon enactment.

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1 For detailed study requirements see Section 3(a)(1) of H.R. 139.
2For detailed certification requirements see Section 3(a)(3) of H.R. 139.