69–006 

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 

2 

1See 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). 2Pub. L. No. 88–352 (1964); Pub. L. No. 90–202 (1967); Pub. L. No. 93–112 (1973). 

3O’Connor, 126 F.3d at 113. 4 Id. 

5 Id. at 119. 6Wang, 976 F. Supp. 2d at 527. 7 Id. at 529. 8 Id. at 533. 9 EPA Mismanagement, Part II: Hearing Before the H. Comm. on Oversight & Gov’t Reform, 

114th Cong. (2015). 

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. 

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.’’ 

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

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

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 

3 

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). 

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

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. 

4 

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. 

5 

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. 

6 

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 privatesector 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 

* * * * * * * 

7 

SUBPART A—GENERAL PROVISIONS 

* * * * * * * 

CHAPTER 23—MERIT SYSTEM PRINCIPLES 

* * * * * * * 

§ 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 policyadvocating 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); 

8 

(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; 

9 

(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); 

10 

(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 

11 

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). NothVerDate Sep 11 2014 06:17 Apr 05, 2017 Jkt 069006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6601 E:\HR\OC\HR078.XXX HR078
12 

ing 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 

* * * * * * * 

§ 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 

13 

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 ManageVerDate Sep 11 2014 06:17 Apr 05, 2017 Jkt 069006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR078.XXX HR078
14 

ment 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. 

* * * * * * * 

Æ