Internships in Congressional Offices: Frequently Asked Questions
Released: 2019-03-25T00:00:00

1. What is an intern? How is an intern different from a volunteer, fellow, or a page?

A number of opportunities exist for individuals who are not regular congressional employees to provide assistance to congressional offices. The titles used to describe these positions are sometimes used interchangeably, but there can also be some key differences.

An intern is an individual who provides assistance, paid or unpaid, to a congressional office on a temporary basis. The internship experience is typically considered to provide an educational benefit for that individual. An intern's role does not substitute for or replace the duties of regular employees. If an intern is paid, then some of the rules applicable to congressional employees may apply.

This report focuses on congressional interns, as described above, although their role can sometimes seem similar to individuals in the following positions:

A volunteer also provides assistance to a congressional office, and the experience is generally considered to be of educational value for the volunteer. In many cases, a volunteer's role in a congressional office can be similar to that of an unpaid intern. A volunteer cannot receive financial compensation for his or her service. The volunteer's assignments are not to replace the regular duties of paid employees. A fellow is an individual who also performs services in a congressional office on a temporary basis, but typically through participation in an established, graduate-level or mid-career education program. Fellows often receive compensation from a sponsoring employer, professional association, or other organization while working in Congress during the course of the fellowships. Congressional offices may try to recruit fellows and work with existing programs, but a fellowship is usually not a position a congressional office creates on its own. A page is a high-school junior, at least 16 years old, who participates in a more structured program for a semester or summer. Pages continue to serve in the Senate, but the House program was discontinued in 2010. Although they are appointed by individual Senators, the pages provide assistance as a group in the Senate chamber, and receive housing, education, and a stipend from the Senate.

2. What congressional rules specifically apply to interns?

Few statutes or standing rules of the House or Senate make specific references to congressional interns. In many cases, the distinction between a paid internship and an unpaid internship affects which formal rules apply to interns. Guidance and policies for House interns can be found in the House Ethics Manual , in the Members' Congressional Handboo k , Congressional C ommittee Handbook , from the House Committee on Ethics, and from the Committee on House Administration. For Senate interns, guidance and policies are mainly found in the Senate Ethics Manual , from the Senate Select Committee on Ethics, and from the Senate Committee on Rules and Administration. Congressional offices can choose to set additional rules for their interns to follow.

House or Senate rules that apply to paid congressional employees generally extend to paid interns as well. These might include, but are not limited to, the Code of Official Conduct for the appropriate chamber, gift restrictions, ban on solicitations, and prohibition on payment for a speech, appearance, or publication. Financial disclosure rules may also apply in the Senate if the intern is receiving compensation from a source other than the U.S. government. Paid interns are exempt from some provisions of the Fair Labor Standards Act (FLSA) that otherwise apply to congressional staff, like minimum wage and overtime pay requirements, as well as employee benefits, like insurance and retirement.

Fewer House or Senate rules may apply to unpaid interns than to paid interns. To enhance accountability for unpaid interns, the House or Senate ethics committees or individual congressional offices can set standards for unpaid interns to abide by that mirror some of the same rules that paid interns or congressional employees follow. A congressional office can enforce the rules it sets as internal office policies for unpaid interns, whereas the House and Senate institutionally may have fewer enforcement mechanisms affecting unpaid interns.

The House Committee on Ethics, for example, advises that offices obtain an agreement in writing from unpaid interns at the outset of an internship. This agreement would acknowledge that the intern agrees "to serve without compensation and to not make any future claim for payment, and acknowledge that the voluntary service does not constitute House employment." The committee also suggests that unpaid interns refrain from actions that present themselves as congressional officers or employees.

The Senate Select Committee on Ethics requires that unpaid interns file a disclaimer with the Financial Clerk of the Senate acknowledging that their service is voluntary, or gratuitous, in nature. The committee also notes that the conflict-of-interest provisions in the Standing Rules of the Senate "apply to any intern, fellow, or volunteer providing Senate services," even if the individual is only working for a single day. Interns performing full-time services in the Senate for over 90 days during a calendar year are also required to abide by the Senate Code of Conduct.

Use of Official Email, Social Media, and Technology Resources

It may be useful for House and Senate interns to familiarize themselves with the broader technology-use policies that apply to congressional offices. Computers, email accounts, internet access, and other technology resources provided to interns by the congressional office primarily should be used for official congressional business with any personal use limited and incidental. Because information sent and received from a congressional computer or network may be traced back to a particular office, an office may choose to implement additional standards for interns' incidental computer and internet usage. Offices may also develop guidelines for what is or is not permissible for interns to post on social media or public websites about their work.

Giving and Receiving Gifts

Paid interns are required to follow the House or Senate gift rules that apply to regular employees, and the House and Senate ethics committees advise that unpaid interns should also abide by the gift rules. Generally, these rules prohibit (1) receiving gifts from lobbyists or foreign agents, (2) receiving any individual gift valued at over $50, and (3) receiving $100 or more in gifts (each valued at $10 or more) from a single source. In most cases, it is typically permissible for a Member, staffer, or office to give an intern a small gift in recognition of his or her service. Federal law, however, prohibits supervisors from accepting gifts from interns.

3. What other information might an office provide to interns?

Offices often provide additional information or guidance to interns about congressional operations or resources. Offices, for example, might provide an overview of the House or Senate rules that apply to interns, or clarify their own office policies regarding attendance, technology use, phone etiquette, and other expectations. Information about emergency procedures and contact information for the appropriate police or medical services is commonly provided. Some offices may provide interns with a basic overview of the legislative process or how to perform legislative research. Locations of buildings or offices within the Capitol Complex and information on dining facilities and other on-site services may be useful for interns on Capitol Hill, and similar information about the area surrounding a state or district office could be provided to interns in those offices.

4. What is the selection process for interns?

House and Senate offices are able to set many of their own requirements for intern selection, just as they are with general personnel decisions. Some offices, for example, may require that interns are currently enrolled students, have reached a certain level of education, or that interns live in a Member's district or state. Many congressional offices post internship opportunities and application procedures on their websites. House offices can use the House Vacancy Announcement and Placement Service to post an internship announcement and may also request resumes from its resume bank. Similarly, the Senate Placement Office can publish opportunities for internships, collect applications, or provide resumes from its resume bank if a Senate office chooses to use the service.

5. Do interns have to be U.S. citizens?

In many instances, Members of Congress have broad discretion to determine who works in their offices, but different laws, rules, and considerations may apply to a noncitizen's potential service, based on the individual's status, particularly if the individual receives pay. House offices may wish to contact the Office of the General Counsel, Committee on Ethics, or the Committee on House Administration before employing a noncitizen as an intern. In the Senate, offices may wish to contact the Senate Disbursing Office, Office of Legal Counsel, Select Committee on Ethics, or the Committee on Rules and Administration for guidance on employing noncitizen interns.

The House and Senate ethics manuals provide some general guidance for congressional offices on working with foreign-national interns. Conflict-of-interest considerations may affect the responsibilities an office chooses to assign to a foreign-national intern. Interns who are foreign-nationals should not be assigned duties that might influence U.S. policy in a way that benefits the intern's home country. As with interns who are U.S. citizens or nationals, a foreign-national intern who receives outside funding for an internship should not be assigned work responsibilities that might affect the intern's employer or other sponsoring organization.

6. Can interns participate in campaign activities?

Member offices are to be careful not to mix official congressional resources with campaign resources. Interns working in a congressional office may also work for a political campaign, but the two responsibilities are to be carefully delineated and kept separate so that congressional time, property, facilities, equipment, or other resources are not used for electoral campaigns. The prohibitions against using congressional resources for political purposes extend broadly and include any campaign activities within House or Senate offices, rooms, and buildings, even if such activities are conducted online using a staffer's personal account or device.

7. Can interns be related to Members or regular employees?

If an intern is paid, then the standard prohibitions regarding nepotism or employment of relatives established in law and House or Senate rules apply. Because each congressional office is its own hiring authority, an intern may be related to another Member or staff in a different office without violating these rules. The House Ethics Committee also notes that a Member in the House can accept volunteer services from immediate family.

8. Is there a minimum or maximum age for interns?

Often, interns in congressional offices are college-age individuals or recent college graduates between 18 and 24 years old. Historically, individuals under 18 generally serve Congress as pages. There is no minimum age for congressional interns. If working with interns who are under 18, an office may want to consider the potential concerns related to working with minors and carefully evaluate the job-related skills and maturity of the prospective intern.

There is also no maximum age for interns. Older individuals returning to higher education, considering a career change, or seeking a congressional internship for other reasons could also receive an educational benefit from such service and may have useful experience to share with a congressional office. In 1978, the Senate initiated a Senior Citizen Internship Program for individuals over 60 years old; the program operated for a number of years, but is currently inactive.

9. How long does an internship last?

Internship lengths often reflect time periods designated by the academic calendar, occurring, for example, over the course of the fall or spring semester, or during the summer. On their websites, some congressional offices advertise three-week internships, whereas others expect interns to serve for multiple months. Internship lengths within the same office can vary too, depending on the intern's availability and the office's resource constraints.

There are no minimum lengths for House or Senate internships in statute, but certain considerations may affect the parameters offices choose for how long an internship should last. Congressional documents generally state that internships serve primarily as an educational experience. To meet this expectation, a congressional office may determine a minimum length for internships based on the amount of time it believes necessary to provide a sufficient learning opportunity.

More detailed guidance is available for the maximum length of internships. Paid interns in the House can serve no longer than 120 days during a 12-month period. For unpaid interns, House guidance for Member offices suggests that "limitations should be imposed on ... the duration of services any one volunteer may provide," to ensure "that such voluntary assistance does not supplant the normal and regular duties of paid employees." The Senate Handbook notes that an internship should be for a total period not exceeding 12 months, and the Office of Workplace Rights (formerly Office of Compliance) has previously suggested the same maximum length for internships.

10. Can interns receive congressional pay?

Interns may receive pay from the congressional office they work in, if the office decides to provide it. FY2019 appropriations for the House and Senate provide some designated funding for internships in Members' personal offices in each chamber. Members may also use their own office resources, such as from the Members' Representational Allowance (MRA) in the House and the Senators' Official Personnel and Office Expense Account (SOPOEA) in the Senate, to provide compensation for interns. Committees or other congressional offices may provide compensation for interns through their appropriate accounts designated for staff salaries. In the House, the Committee on House Administration has set a gross annual rate of pay for interns for Member and committee offices to follow.

Paid interns working in Washington, DC, may also be eligible for transit subsidies. Paid congressional interns are exempt from many of the provisions of the Fair Labor Standards Act of 1938 (FLSA) that otherwise apply to congressional staff following the passage of the Congressional Accountability Act (CAA) in 1995, including minimum wage requirements and overtime compensation.

Previously, the Lyndon Baines Johnson Congressional Intern Program operated in the House from 1973 to 1994 and made two-month paid internships available for each Member office. Funds for this program have not been appropriated since the 103 rd Congress (1993-1994).

11. Can an intern be paid by another organization?

Many educational institutions or other organizations sponsor congressional internships, and interns may receive stipends from these groups for their internships. Some of these internship opportunities are listed in CRS Report 98-654, Internships, Fellowships, and Other Work Experience Opportunities in the Federal Government . Some of these organizations operate internship programs in conjunction with congressional caucuses or other congressional entities to place paid interns in congressional offices. This is permissible, as long as there is no conflict of interest presented during the course of the internship. Additionally, the House and Senate ethics committees note that Members or staff cannot raise funds for programs that place interns or fellows in their own offices. When an intern is sponsored by an outside entity, ethics guidance says the intern should not be given responsibilities that could result in a direct or indirect benefit to the sponsor. If an intern is paid by an outside organization, congressional offices might take steps to ensure that the intern's duties do not supplant the regular duties of official staff, as this could be considered a violation of rules that prohibit House Members from using outside resources to conduct their official duties.

12. Can an intern receive school credit?

The House and Senate expect that a congressional internship provides an educational experience but, institutionally, make no requirements that an intern receive school credit or be a currently enrolled student. Some congressional offices may choose to select interns on the basis of whether they will receive, or will not receive, academic credit for the experience. Each educational institution sets its own requirements for granting academic credit, and while some schools or academic departments encourage internships and grant academic credit for them, others do not allow students to receive academic credit for internships. School requirements may prevent a student from receiving academic credit for an internship experience that the intern may have personally found to be highly educational. A short internship, for example, may not meet a school's requirement for the number of hours served to receive credit.

13. How many interns can an office have?

There is no minimum required number of interns for each congressional office; offices are not obligated to hire any interns unless they choose to. If interns are unpaid, there is no cap on the maximum number of interns for either the House or Senate. Offices, however, may want to ensure there is enough office space for interns to work in, and that there is enough work available to provide interns with a sufficient educational experience. If interns are paid, there may be a maximum number of interns an office can employ, based on applicable staff ceiling rules for the office. Under 2 U.S.C. Section 5321, interns in House Member offices paid by the Members' MRA count against the applicable staff ceiling for House personal offices. Interns in House Member offices paid under the intern allowance provided by the FY2019 legislative branch appropriations act ( P.L. 115-244 , Â§120) do not count against the staff ceiling for House personal offices.

The number of interns in offices can fluctuate from year to year and within seasons during the year. During the summer, for example, offices commonly have more interns than during other parts of the year. For Member offices, the location of an internship in Washington, DC, or in a state or district office may also affect the number of interested and available interns.

14. Are there differences between district/state and DC internships?

The substance of the work performed in an internship may vary greatly between district/state offices and Washington, DC, offices if the roles assumed by those different Member offices vary. For example, an intern's tasks may involve more constituent service activities in a district or state office than they would in a Washington, DC, office where the emphasis may be more on legislative activities. The same House and Senate rules and policies generally apply to district or state office interns and to Washington, DC, office interns. Due to the high concentration of congressional interns on Capitol Hill, some training opportunities and congressional programs may be available to Washington, DC, interns, but not to interns serving in district or state offices further away.

House interns who are paid from the internship program funded in the FY2019 House appropriations bill ( P.L. 115-244 , Â§120) must be based in a Member's Washington, DC, office. For security purposes, interns in Washington, DC, offices can obtain a congressional ID badge, available from the Office of the Sergeant at Arms for the appropriate chamber. District or state office interns are also eligible to receive ID badges at the request of the employing Member office. ID badges are to be returned to the Office of the Sergeant at Arms upon completion of an internship.

15. Are there mandatory trainings for interns?

If interns are paid by Congress, then they are to take many of the mandatory trainings discussed below that new House or Senate employees are required to take. If interns are unpaid, however, fewer House or Senate trainings are mandatory for them. Because interns may be working with Congress or in a professional environment for the first time, congressional offices may want to have their interns attend additional trainings to better ensure they are prepared for their work and can represent the office appropriately.

All interns in the House of Representatives are required to complete a training session on workplace rights and responsibilities. Also in the House, any individual who has access to the House network needs to complete an information security training online. A paid intern who is employed for 60 days or more is to take a House ethics training, which is mandatory for new House employees. Unpaid interns or paid interns with a shorter internship are not required to take this ethics training. Other programs or courses offered by the House may be available to interns and helpful for their work duties.

The Senate Office of Education and Training provides a number of courses specifically designed for interns. A few, including harassment prevention and an overview of the Senate Code of Conduct, are listed as required courses, whereas others, like information security training, are listed as recommended or optional. Many of these courses are online and can be accessed via the Senate intranet in a state or Capitol Hill office. Other courses offered by the Senate Office of Education and Training or the Senate Library may be open to interns if space permits.

Interns who are expected by their offices to use Congressional Research Service (CRS) resources or place requests must attend the "Orientation Program for Interns and Volunteers" offered by CRS. Interns who might need to use the Library of Congress resources more broadly can sign up for a research orientation covering the Library's collections, resources, and policies. If interns are responsible for hosting tours of the U.S. Capitol, they may be advised to sign up for a tour-leader training course offered by the Architect of the Capitol.

16. What congressional programs are available for interns?

Each summer, the Committee on House Administration and the Senate Committee on Rules and Administration cosponsor the Congressional Summer Intern Lecture Series, providing congressional interns with insights about politics and policymaking from Members of Congress, other government officials, and journalists. The lectures are scheduled from June through August, and the days and times vary based on speaker availability.

Some programs and courses offered by CRS are open to congressional interns, provided that they have completed the CRS intern orientation. Current offerings are posted at http://www.crs.gov/events , and can help enrich the educational component of an intern's experience. Some video versions of past CRS events are also available at http://www.crs.gov/events/recordedevents , which may be helpful for district or state office interns.