[Congressional Record Volume 165, Number 8 (Tuesday, January 15, 2019)]
[House]
[Pages H562-H563]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL INTERN PROTECTION ACT OF 2019
Mr. CUMMINGS. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 136) to amend title 5, United States Code, to protect unpaid
interns in the Federal Government from workplace harassment and
discrimination, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows
H.R. 136
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Intern Protection
Act of 2019''.
SEC. 2. PROHIBITED PERSONNEL PRACTICES.
(a) In General.--Section 2302 of title 5, United States
Code, is amended by adding at the end the following:
``(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.''.
(b) Conforming Amendment.--Section 3111(c)(1) of title 5,
United States Code, is amended by inserting ``section 2302(g)
(relating to prohibited personnel practices),'' before
``chapter 81''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Cummings) and the gentlewoman from North Carolina (Ms.
Foxx) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. CUMMINGS. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous materials on H.R. 136.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may
consume.
The bill before us, the Federal Intern Protection Act, would close a
loophole in Federal employment law that currently leaves unpaid interns
open to discrimination and sexual harassment without any legal
recourse.
The Committee on Oversight and Reform has held multiple hearings
about sexual harassment and retaliation occurring in various Federal
agencies, including the Environmental Protection Agency, the National
Park Service, and the Forest Service.
During these hearings, both my Republican colleagues and I expressed
our disgust at the exploitation of female employees and interns, and we
demanded action to prevent future abuse.
Unfortunately, the act of harassing unpaid interns on the basis of
race, religion, age, or sex is not currently prohibited by Federal law.
Under existing law, victims rely on the discretion and integrity of
managers to prevent this behavior.
One witness who testified before our committee told us that managers
do not always address the problem as they should and may actually be,
in fact, a part of the problem.
The witness stated: ``Even after finding out about the numerous
harassment victims, the direct reporting manager continued to feed the
harasser a steady diet of young women.''
We saw at our hearings that allowing this kind of behavior to go
unchecked can have serious consequences on the lives and careers of
those who are interested in government service. Our bill will give
Federal interns the same protections already provided to Federal
employees.
This measure passed the House in previous Congresses, and I urge my
colleagues to join me in ensuring that this legislation passes our
Chamber once again today.
I want to speak to the Congressional Intern Protection Act, related
legislation I introduced, which gives protections to congressional
interns and which was passed at the end of the last Congress as a part
of a package of reforms to the Congressional Accountability Act.
This is a great start, but more must be done. Along with the Federal
Intern Protection Act, I introduced the Unpaid Intern Protection Act,
which would provide these protections to interns in the private sector.
Madam Speaker, I reserve the balance of my time.
Ms. FOXX of North Carolina. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, I rise today in support of H.R. 136, the Federal
Intern Protection Act. The Federal Government is well served by interns
who provide invaluable assistance to agencies. Many of the staff here
in Congress itself began as interns, and I know my office, over the
years, has been extremely well served by interns who have gone on to
become a real credit where they have found themselves employed.
Interns work alongside career Federal employees, helping to conduct
agency business on behalf of the American people. Federal internship
programs help agencies identify and develop the next generation of
Federal employees. In exchange, interns gain valuable work experience.
Many interns are students who benefit from the opportunity to develop
experience in a field they might hope to enter upon graduation. Some
students even receive credit they can apply at their institution of
learning.
Unfortunately, there are no existing provisions in Federal law that
protect interns working at Federal agencies from harassment or
discrimination.
[[Page H563]]
In O'Connor v. Davis, the United States Court of Appeals for the
Second Circuit upheld the district court decision, finding an intern
could not bring sexual harassment claims under Federal law. The court
reasoned that the intern was not an employee and she was, therefore,
not covered by existing law.
The court concluded that: ``It is for Congress, if it should choose
to do so, . . . to provide a remedy.''
H.R. 136 provides the remedy. The Federal Intern Protection Act
ensures interns working for the Federal Government receive the same
protections as employees. The bill prohibits discrimination based on
race, color, religion, sex, national origin, age, or disability for
interns working at Federal agencies.
Discrimination disadvantages eager-to-work interns, but
discrimination also disadvantages Federal agencies by interfering with
the selection of the best intern candidate.
I thank my colleague from Maryland, Mr. Cummings, for his sponsorship
of this bill and for his leadership and commitment to protecting
interns who work for the Federal Government, and I urge all Members to
support the bill.
Madam Speaker, I urge adoption of the bill, and I yield back the
balance of my time.
Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, H.R. 136 is a commonsense measure that would close a
loophole in the Federal employment law that currently leaves the
youngest, most vulnerable group of our constituents open to harassment
and discrimination without legal recourse to protect them.
This bipartisan bill passed our Chamber in the last Congress,
reflecting bipartisan agreement that we need to solidify protections
for Federal interns and ensure they have the same protections already
provided to Federal employees.
As I close, I want to be clear that this bill responds to very real
instances of interns being victimized within the Federal Government.
Without this bill, victims will be forced to continue to rely on the
discretion and integrity of the managers to prevent this behavior.
I still say we can do better than that, so I urge the House to join
me today in supporting this measure. I look forward to working with my
Senate colleagues to move this bill through the Senate and, finally,
get it to the President's desk.
Madam Speaker, I yield back the balance of my time.
Mr. CASTEN of Illinois. Madam Speaker, today I will cast my vote in
favor of H.R. 136, The Federal Intern Protection Act of 2019. But I
will do so with the concern that it does not go far enough. This bill,
for all of the improved protections it does afford, fails to provide to
Federal interns with the basic safeguards against harassment that are
common to their counterparts in corporate America.
Having spent 16 years as a CEO of companies ranging from 10-200
employees, I know this subject well. In my private-sector workplaces,
our harassment policies protected paid and unpaid employees from
harassment as this bill does. But those policies did not stop there. We
also prohibited harassment against any contractors or suppliers who
were on our premises or who were working with our staff in environments
that were reasonably considered to be work related--for example, at an
off-site dinner meeting.
We then went further still and required that any contractors or
suppliers who required access to our facilities also agree to be bound
by those policies. We did not do this out of legal obligation, but
because it made our workplaces and employees safer and more productive.
I respectfully submit that we should do the same in this body. To be
sure, it may be difficult for us to obligate anyone in our offices to
be fully bound by our policies. But surely we can provide a safer
workspace not only for our paid and unpaid employees but also for
committee staff, and staff from other Members' offices, as well as
visitors.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Cummings) that the House suspend the rules
and pass the bill, H.R. 136.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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