[House Report 115-78]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-78
======================================================================
FEDERAL INTERN PROTECTION ACT OF 2017
_______
April 4, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 653]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 653) to amend title 5, United
States Code, to protect unpaid interns in the Federal
Government from workplace harassment and discrimination, and
for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 4
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act................................... 5
Unfunded Mandate Statement....................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
Budget Authority and Congressional Budget Office Cost Estimate... 5
Changes in Existing Law Made by the Bill as Reported............. 6
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 653, the Federal Intern Protection Act of 2017,
extends to interns working at federal agencies the same
statutory protections against harassment and discrimination
that currently apply to paid employees.
BACKGROUND AND NEED FOR LEGISLATION
There are no existing provisions in federal law that
protect interns working at federal agencies against harassment
or discrimination on the basis of race, color, gender,
religion, national origin, age, or handicapping condition.\1\
The bill closes this loophole by extending to interns the same
protections against harassment and discrimination that apply to
the employees that work alongside them.
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\1\See O'Connor v. Davis, 126 F.3d 112 (2d Cir. 1997); Wang v.
Phoenix Satellite Television U.S., Inc., 976 F. Supp. 2d 527 (S.D.N.Y.
2013).
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Specifically, the bill prohibits discrimination against
interns on the basis of race, color, religion, sex, or national
origin, as prohibited by section 717 of the Civil Rights Act of
1964; age, as prohibited by sections 12 and 15 of the Age
Discrimination in Employment Act of 1967; and handicapping
condition, as prohibited in section 501 of the Rehabilitation
Act of 1973.\2\ The bill defines an intern as ``an individual
who performs uncompensated voluntary service in an agency to
earn credit awarded by an educational institution or to learn a
trade or occupation.''
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\2\Pub. L. No. 88-352 (1964); Pub. L. No. 90-202 (1967); Pub. L.
No. 93-112 (1973).
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Several legal cases have been dismissed because courts
concluded that interns are not ``employees'' covered by
existing law. For example, in O'Connor v. Davis, an intern
reported unwanted sexual advances by an employee who called her
``Miss Sexual Harassment.''\3\ The United States Court of
Appeals for the Second Circuit affirmed the decision of the
District Court that because the plaintiff was not an employee,
she was not covered by existing law.\4\ The Second Circuit
concluded: ``it is for Congress, if it should choose to do so,
. . . to provide a remedy under either Title VII [of the Civil
Rights Act of 1964] or Title IX [of the Education Amendments of
1972] for plaintiffs in O'Connor's position.''\5\
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\3\O'Connor, 126 F.3d at 113.
\4\Id.
\5\Id. at 119.
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In another case, Wang v. Phoenix Satellite Television U.S.,
Inc., an intern reported that an employee openly discussed sex
and engaged in inappropriate conduct.\6\ The court dismissed
the hostile work environment claim brought under New York City
law because the accuser was an intern.\7\ Citing in part
O'Connor v. Davis, the court also indicated the plaintiff would
not have been protected under federal law.\8\
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\6\Wang, 976 F. Supp. 2d at 527.
\7\Id. at 529.
\8\Id. at 533.
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On July 29, 2015, the Committee held a hearing entitled,
``EPA Mismanagement, Part II.''\9\ At the hearing, witnesses
described allegations of sexual harassment against interns at a
regional office of the Environmental Protection Agency (EPA).
Witnesses alleged that interns were subjected to unwanted
touching and inappropriate advances and comments.\10\ According
to testimony, ``[o]ne former intern stated that because of this
she changed her mind about not only working for EPA but also
for working in the federal sector at all. . . .''\11\
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\9\EPA Mismanagement, Part II: Hearing Before the H. Comm. on
Oversight & Gov't Reform, 114th Cong. (2015).
\10\Id. at 7-8 (statement of Ronald Harris, Equal Employment
Opportunity Specialist Officer, U.S. Environmental Protection Agency).
\11\Id. at 31-32 (statement of Ross Tuttle, Senior Advisor to the
Assistant Regional Administrator, Region 6, U.S. Environmental
Protection Agency).
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This bill is necessary to protect interns who serve our
government and our nation without financial compensation.
LEGISLATIVE HISTORY
On January 24, 2017, Ranking Member Elijah Cummings (D-MD)
introduced H.R. 653, with Representative Grace Meng (D-NY),
Representative Bobby Scott (D-VA), and Delegate Eleanor Holmes
Norton (D-DC). H.R. 653 was referred to the Committee on
Oversight and Government Reform. The Committee considered H.R.
653 at a business meeting on March 8, 2017 and ordered the bill
reported favorably by voice vote.
Representative Cummings introduced a substantially similar
bill, H.R. 3231, in the 114th Congress. H.R. 3231 was amended
by the Committee to incorporate technical corrections and
passed the House of Representatives on January 11, 2016 under
suspension of the rules by a recorded vote of 414-0.
Section-by-Section
Section 1. Short title
Section 1 designates the name of the bill as the ``Federal
Intern Protection Act of 2017''.
Section 2. Prohibited personnel practices
Section 2 amends section 2302 of title 5, United States
Code, to specify that unpaid interns and applicants for
internships working for executive agencies in the federal
government will have the same anti-discriminatory and anti-
harassment protections as federal employees. Specifically, it
would be unlawful to discriminate against an intern based on
race, color, religion, sex, national origin, age, or
disability.
Section 2 amends the definition of the term ``employee'' in
the Civil Rights Act of 1964, Age Discrimination in Employment
Act of 1967, and Rehabilitation Act of 1973 to refer also to
unpaid interns for the purposes of enforcement of these laws.
The remedy established in the three aforementioned laws is an
appeal to the Equal Employment Opportunity Commission.
Section 2 defines ``intern'' as ``an individual who
performs uncompensated voluntary service in an agency to earn
credit awarded by an educational institution or to learn a
trade or occupation.''
Section 2 includes a conforming amendment to clarify the
application of the legislation to existing law.
Explanation of Amendments
There were no amendments offered during Committee
consideration of H.R. 653.
Committee Consideration
On March 8, 2017, the Committee met in open session and
ordered reported favorably the bill, H.R. 653, by voice vote, a
quorum being present.
Roll Call Votes
No roll call votes were requested or conducted during Full
Committee consideration of H.R. 653.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill extends to interns working at federal agencies the
same statutory protections against harassment and
discrimination that currently apply to paid employees. As such,
this bill does not relate to employment or access to public
services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to amend title 5, United
States Code, to protect unpaid interns in the federal
government from workplace harassment and discrimination, and
for other purposes.
Duplication of Federal Programs
No provision of this bill establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of section 551 or title 5, United States Code.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of Section 5(b) of the appendix to title 5,
United States Code.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement, the Committee
has included below a letter received from the Congressional
Budget Office.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974, which the Committee has included below.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 16, 2017.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 653, the Federal
Intern Protection Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall.
Enclosure.
H.R. 653--Federal Intern Protection Act of 2017
H.R. 653 would amend federal law to provide that unpaid
federal interns are protected from workplace harassment and
discrimination. (Paid interns are already considered employees
for those purposes.) Although the federal government prohibits
discrimination and harassment in the workplace through laws,
regulations, and agency policies, unpaid interns are not
explicitly covered by those laws.
Based on information from the Office of Personnel
Management, the Office of Special Counsel, and the U.S. Equal
Employment Opportunity Commission, CBO estimates that any costs
under the bill for agency training or payments to settle claims
of discrimination or harassment would be negligible.
Enacting H.R. 653 could affect direct spending by some
agencies (such as the Tennessee Valley Authority) because they
are authorized to spend receipts from the sale of goods, fees,
and other collections to cover their operating costs.
Therefore, pay-as-you-go procedures apply. Because most of
those agencies can make adjustments to the amounts collected,
CBO estimates that any net changes in direct spending by those
agencies would be negligible. Enacting the bill would not
affect revenues.
CBO estimates that enacting H.R. 653 would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the four consecutive 10-year periods beginning in
2028.
CBO has not reviewed H.R. 653 for intergovernmental or
private-sector mandates. Section 4 of the Unfunded Mandates
Reform Act excludes from the application of that act any
legislative provisions that would establish or enforce
statutory rights prohibiting discrimination. CBO has determined
that this legislation falls within that exclusion because it
would extend protections against discrimination in the
workplace based on race, color, religion, sex, national origin,
age, or handicapped condition to unpaid interns or applicants
for such positions.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART A--GENERAL PROVISIONS
* * * * * * *
CHAPTER 23--MERIT SYSTEM PRINCIPLES
* * * * * * *
Sec. 2302. Prohibited personnel practices
(a)(1) For the purpose of this title, ``prohibited personnel
practice'' means any action described in subsection (b).
(2) For the purpose of this section--
(A) ``personnel action'' means--
(i) an appointment;
(ii) a promotion;
(iii) an action under chapter 75 of this
title or other disciplinary or corrective
action;
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under chapter
43 of this title or under title 38;
(ix) a decision concerning pay, benefits, or
awards, or concerning education or training if
the education or training may reasonably be
expected to lead to an appointment, promotion,
performance evaluation, or other action
described in this subparagraph;
(x) a decision to order psychiatric testing
or examination;
(xi) the implementation or enforcement of any
nondisclosure policy, form, or agreement; and
(xii) any other significant change in duties,
responsibilities, or working conditions;
with respect to an employee in, or applicant for, a
covered position in an agency, and in the case of an
alleged prohibited personnel practice described in
subsection (b)(8), an employee or applicant for
employment in a Government corporation as defined in
section 9101 of title 31;
(B) ``covered position'' means, with respect to any
personnel action, any position in the competitive
service, a career appointee position in the Senior
Executive Service, or a position in the excepted
service, but does not include any position which is,
prior to the personnel action--
(i) excepted from the competitive service
because of its confidential, policy-
determining, policy-making, or policy-
advocating character; or
(ii) excluded from the coverage of this
section by the President based on a
determination by the President that it is
necessary and warranted by conditions of good
administration;
(C) ``agency'' means an Executive agency and the
Government Publishing Office, but does not include--
(i) a Government corporation, except in the
case of an alleged prohibited personnel
practice described under subsection (b)(8) or
section 2302(b)(9) (A)(i), (B), (C), or (D);
(ii)(I) the Federal Bureau of Investigation,
the Central Intelligence Agency, the Defense
Intelligence Agency, the National Geospatial-
Intelligence Agency, the National Security
Agency, the Office of the Director of National
Intelligence, and the National Reconnaissance
Office; and
(II) as determined by the President, any
executive agency or unit thereof the principal
function of which is the conduct of foreign
intelligence or counterintelligence activities,
provided that the determination be made prior
to a personnel action; or
(iii) the Government Accountability Office;
and
(D) ``disclosure'' means a formal or informal
communication or transmission, but does not include a
communication concerning policy decisions that lawfully
exercise discretionary authority unless the employee or
applicant providing the disclosure reasonably believes
that the disclosure evidences--
(i) any violation of any law, rule, or
regulation; or
(ii) gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial
and specific danger to public health or safety.
(b) Any employee who has authority to take, direct others to
take, recommend, or approve any personnel action, shall not,
with respect to such authority--
(1) discriminate for or against any employee or
applicant for employment--
(A) on the basis of race, color, religion,
sex, or national origin, as prohibited under
section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16);
(B) on the basis of age, as prohibited under
sections 12 and 15 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 631, 633a);
(C) on the basis of sex, as prohibited under
section 6(d) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(d));
(D) on the basis of handicapping condition,
as prohibited under section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791); or
(E) on the basis of marital status or
political affiliation, as prohibited under any
law, rule, or regulation;
(2) solicit or consider any recommendation or
statement, oral or written, with respect to any
individual who requests or is under consideration for
any personnel action unless such recommendation or
statement is based on the personal knowledge or records
of the person furnishing it and consists of--
(A) an evaluation of the work performance,
ability, aptitude, or general qualifications of
such individual; or
(B) an evaluation of the character, loyalty,
or suitability of such individual;
(3) coerce the political activity of any person
(including the providing of any political contribution
or service), or take any action against any employee or
applicant for employment as a reprisal for the refusal
of any person to engage in such political activity;
(4) deceive or willfully obstruct any person with
respect to such person's right to compete for
employment;
(5) influence any person to withdraw from competition
for any position for the purpose of improving or
injuring the prospects of any other person for
employment;
(6) grant any preference or advantage not authorized
by law, rule, or regulation to any employee or
applicant for employment (including defining the scope
or manner of competition or the requirements for any
position) for the purpose of improving or injuring the
prospects of any particular person for employment;
(7) appoint, employ, promote, advance, or advocate
for appointment, employment, promotion, or advancement,
in or to a civilian position any individual who is a
relative (as defined in section 3110(a)(3) of this
title) of such employee if such position is in the
agency in which such employee is serving as a public
official (as defined in section 3110(a)(2) of this
title) or over which such employee exercises
jurisdiction or control as such an official;
(8) take or fail to take, or threaten to take or fail
to take, a personnel action with respect to any
employee or applicant for employment because of--
(A) any disclosure of information by an
employee or applicant which the employee or
applicant reasonably believes evidences--
(i) any violation of any law, rule,
or regulation, or
(ii) gross mismanagement, a gross
waste of funds, an abuse of authority,
or a substantial and specific danger to
public health or safety,
if such disclosure is not specifically
prohibited by law and if such information is
not specifically required by Executive order to
be kept secret in the interest of national
defense or the conduct of foreign affairs; or
(B) any disclosure to the Special Counsel, or
to the Inspector General of an agency or
another employee designated by the head of the
agency to receive such disclosures, of
information which the employee or applicant
reasonably believes evidences--
(i) any violation (other than a
violation of this section) of any law,
rule, or regulation, or
(ii) gross mismanagement, a gross
waste of funds, an abuse of authority,
or a substantial and specific danger to
public health or safety;
(9) take or fail to take, or threaten to take or fail
to take, any personnel action against any employee or
applicant for employment because of--
(A) the exercise of any appeal, complaint, or
grievance right granted by any law, rule, or
regulation--
(i) with regard to remedying a
violation of paragraph (8); or
(ii) other than with regard to
remedying a violation of paragraph (8);
(B) testifying for or otherwise lawfully
assisting any individual in the exercise of any
right referred to in subparagraph (A)(i) or
(ii);
(C) cooperating with or disclosing
information to the Inspector General of an
agency, or the Special Counsel, in accordance
with applicable provisions of law; or
(D) for refusing to obey an order that would
require the individual to violate a law;
(10) discriminate for or against any employee or
applicant for employment on the basis of conduct which
does not adversely affect the performance of the
employee or applicant or the performance of others;
except that nothing in this paragraph shall prohibit an
agency from taking into account in determining
suitability or fitness any conviction of the employee
or applicant for any crime under the laws of any State,
of the District of Columbia, or of the United States;
(11)(A) knowingly take, recommend, or approve any
personnel action if the taking of such action would
violate a veterans' preference requirement; or
(B) knowingly fail to take, recommend, or approve any
personnel action if the failure to take such action
would violate a veterans' preference requirement;
(12) take or fail to take any other personnel action
if the taking of or failure to take such action
violates any law, rule, or regulation implementing, or
directly concerning, the merit system principles
contained in section 2301 of this title; or
(13) implement or enforce any nondisclosure policy,
form, or agreement, if such policy, form, or agreement
does not contain the following statement: ``These
provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by existing
statute or Executive order relating to (1) classified
information, (2) communications to Congress, (3) the
reporting to an Inspector General of a violation of any
law, rule, or regulation, or mismanagement, a gross
waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety, or (4)
any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and
liabilities created by controlling Executive orders and
statutory provisions are incorporated into this
agreement and are controlling.''.
This subsection shall not be construed to authorize the
withholding of information from Congress or the taking of any
personnel action against an employee who discloses information
to Congress. For purposes of paragraph (8), (i) any presumption
relating to the performance of a duty by an employee whose
conduct is the subject of a disclosure as defined under
subsection (a)(2)(D) may be rebutted by substantial evidence,
and (ii) a determination as to whether an employee or applicant
reasonably believes that such employee or applicant has
disclosed information that evidences any violation of law,
rule, regulation, gross mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific danger to
public health or safety shall be made by determining whether a
disinterested observer with knowledge of the essential facts
known to and readily ascertainable by the employee or applicant
could reasonably conclude that the actions of the Government
evidence such violations, mismanagement, waste, abuse, or
danger.
(c) The head of each agency shall be responsible for the
prevention of prohibited personnel practices, for the
compliance with and enforcement of applicable civil service
laws, rules, and regulations, and other aspects of personnel
management, and for ensuring (in consultation with the Office
of Special Counsel) that agency employees are informed of the
rights and remedies available to them under this chapter and
chapter 12 of this title, including how to make a lawful
disclosure of information that is specifically required by law
or Executive order to be kept classified in the interest of
national defense or the conduct of foreign affairs to the
Special Counsel, the Inspector General of an agency, Congress,
or other agency employee designated to receive such
disclosures. Any individual to whom the head of an agency
delegates authority for personnel management, or for any aspect
thereof, shall be similarly responsible within the limits of
the delegation.
(d) This section shall not be construed to extinguish or
lessen any effort to achieve equal employment opportunity
through affirmative action or any right or remedy available to
any employee or applicant for employment in the civil service
under--
(1) section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16), prohibiting discrimination on the
basis of race, color, religion, sex, or national
origin;
(2) sections 12 and 15 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 631, 633a),
prohibiting discrimination on the basis of age;
(3) under section 6(d) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(d)), prohibiting
discrimination on the basis of sex;
(4) section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791), prohibiting discrimination on the basis of
handicapping condition; or
(5) the provisions of any law, rule, or regulation
prohibiting discrimination on the basis of marital
status or political affiliation.
(e)(1) For the purpose of this section, the term ``veterans'
preference requirement'' means any of the following provisions
of law:
(A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312,
3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351,
3352, 3363, 3501, 3502(b), 3504, and 4303(e) and (with
respect to a preference eligible referred to in section
7511(a)(1)(B)) subchapter II of chapter 75 and section
7701.
(B) Sections 943(c)(2) and 1784(c) of title 10.
(C) Section 1308(b) of the Alaska National Interest
Lands Conservation Act.
(D) Section 301(c) of the Foreign Service Act of
1980.
(E) Sections 106(f), 7281(e), and 7802(5) of title
38.
(F) Section 1005(a) of title 39.
(G) Any other provision of law that the Director of
the Office of Personnel Management designates in
regulations as being a veterans' preference requirement
for the purposes of this subsection.
(H) Any regulation prescribed under subsection (b) or
(c) of section 1302 and any other regulation that
implements a provision of law referred to in any of the
preceding subparagraphs.
(2) Notwithstanding any other provision of this title, no
authority to order corrective action shall be available in
connection with a prohibited personnel practice described in
subsection (b)(11). Nothing in this paragraph shall be
considered to affect any authority under section 1215 (relating
to disciplinary action).
(f)(1) A disclosure shall not be excluded from subsection
(b)(8) because--
(A) the disclosure was made to a supervisor or to a
person who participated in an activity that the
employee or applicant reasonably believed to be covered
by subsection (b)(8)(A)(i) and (ii);
(B) the disclosure revealed information that had been
previously disclosed;
(C) of the employee's or applicant's motive for
making the disclosure;
(D) the disclosure was not made in writing;
(E) the disclosure was made while the employee was
off duty; or
(F) of the amount of time which has passed since the
occurrence of the events described in the disclosure.
(2) If a disclosure is made during the normal course of
duties of an employee, the disclosure shall not be excluded
from subsection (b)(8) if any employee who has authority to
take, direct others to take, recommend, or approve any
personnel action with respect to the employee making the
disclosure, took, failed to take, or threatened to take or fail
to take a personnel action with respect to that employee in
reprisal for the disclosure.
(g)(1) All protections afforded to an employee under
subparagraphs (A), (B), and (D) of subsection (b)(1) shall be
afforded, in the same manner and to the same extent, to an
intern and an applicant for internship.
(2) For purposes of the application of this subsection, a
reference to an employee shall be considered a reference to an
intern in--
(A) section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16);
(B) sections 12 and 15 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 631, 633a); and
(C) section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791).
(3) In this subsection, the term ``intern'' means an
individual who performs uncompensated voluntary service in an
agency to earn credit awarded by an educational institution or
to learn a trade or occupation.
* * * * * * *
SUBPART B--EMPLOYMENT AND RETENTION
* * * * * * *
CHAPTER 31--AUTHORITY FOR EMPLOYMENT
SUBCHAPTER I--EMPLOYMENT AUTHORITIES
* * * * * * *
Sec. 3111. Acceptance of volunteer service
(a) For the purpose of this section, ``student'' means an
individual who is enrolled, not less than half-time, in a high
school, trade school, technical or vocational institute, junior
college, college, university, or comparable recognized
educational institution. An individual who is a student is
deemed not to have ceased to be a student during an interim
between school years if the interim is not more than 5 months
and if such individual shows to the satisfaction of the Office
of Personnel Management that the individual has a bona fide
intention of continuing to pursue a course of study or training
in the same or different educational institution during the
school semester (or other period into which the school year is
divided) immediately after the interim.
(b) Notwithstanding section 1342 of title 31, the head of an
agency may accept, subject to regulations issued by the Office,
voluntary service for the United States if the service--
(1) is performed by a student, with the permission of
the institution at which the student is enrolled, as
part of an agency program established for the purpose
of providing educational experiences for the student;
(2) is to be uncompensated; and
(3) will not be used to displace any employee.
(c)(1) Except as provided in paragraph (2), any student who
provides voluntary service under subsection (b) of this section
shall not be considered a Federal employee for any purpose
other than for purposes of section 7905 (relating to commuting
by means other than single-occupancy motor vehicles), section
2302(g) (relating to prohibited personnel practices), chapter
81 (relating to compensation for injury) and sections 2671
through 2680 of title 28 (relating to tort claims).
(2) In addition to being considered a Federal employee for
the purposes specified in paragraph (1), any student who
provides voluntary service as part of a program established
under subsection (b) of this section in the Internal Revenue
Service, Department of the Treasury, shall be considered an
employee of the Department of the Treasury for purposes of--
(A) section 552a of this title (relating to
disclosure of records);
(B) subsections (a)(1), (h)(1), (k)(6), and (l)(4) of
section 6103 of title 26 (relating to confidentiality
and disclosure of returns and return information);
(C) sections 7213(a)(1) and 7431 of title 26
(relating to unauthorized disclosures of returns and
return information by Federal employees and other
persons); and
(D) section 7423 of title 26 (relating to suits
against employees of the United States);
except that returns and return information (as defined in
section 6103(b) of title 26) shall be made available to
students under such program only to the extent that the
Secretary of the Treasury or his designee determines that the
duties assigned to such students so require.
(d) Notwithstanding section 1342 of title 31, the head of an
agency may accept voluntary service for the United States under
chapter 37 of this title and regulations of the Office of
Personnel Management.
(e)(1) For purposes of this section the term ``agency'' shall
include the Architect of the Capitol. With respect to the
Architect of the Capitol, the authority granted to the Office
of Personnel Management under this section shall be exercised
by the Architect of the Capitol.
(2) In this section, the term ``agency'' includes the
Congressional Budget Office, except that in the case of the
Congressional Budget Office--
(A) any student who provides voluntary service in
accordance with this section shall be considered an
employee of the Congressional Budget Office for
purposes of section 203 of the Congressional Budget Act
of 1974 (relating to the level of confidentiality of
budget data); and
(B) the authority granted to the Office of Personnel
Management under this section shall be exercised by the
Director of the Congressional Budget Office.
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