[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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