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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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.''
---------------------------------------------------------------------------
    \2\Pub. L. No. 88-352 (1964); Pub. L. No. 90-202 (1967); Pub. L. 
No. 93-112 (1973).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \3\O'Connor, 126 F.3d at 113.
    \4\Id.
    \5\Id. at 119.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \6\Wang, 976 F. Supp. 2d at 527.
    \7\Id. at 529.
    \8\Id. at 533.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.

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SUBPART B--EMPLOYMENT AND RETENTION

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                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT

SUBCHAPTER I--EMPLOYMENT AUTHORITIES

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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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