I 

114TH CONGRESS 

2D SESSION H. R. 5107 

To prohibit employers and certain other entities from requiring or requesting 

that employees and certain other individuals provide a user name, password, or other means for accessing a personal account on any social 

networking website. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2016 

Mr. ENGEL (for himself, Mr. TONKO, Ms. SCHAKOWSKY, and Mr. ELLISON) 

introduced the following bill; which was referred to the Committee on 

Education and the Workforce 

A BILL 

To prohibit employers and certain other entities from requiring or requesting that employees and certain other individuals provide a user name, password, or other means 

for accessing a personal account on any social networking 

website. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Social Networking On5 line Protection Act’’. 


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1 SEC. 2. EMPLOYER ACCESS TO PERSONAL ACCOUNTS ON 

2 SOCIAL NETWORKING WEBSITES. 

3 (a) CONDUCT PROHIBITED.—It shall be unlawful for 

4 any employer— 

5 (1) to require or request that an employee or 

6 applicant for employment provide the employer with 

7 a password or any other means for accessing a pri8 vate email account of the employee or applicant or 

9 a personal online account of the employee or appli10 cant, including any social networking website; or 

11 (2) to discharge, discipline, discriminate against 

12 in any manner, or deny employment or promotion 

13 to, or threaten to take any such action against, any 

14 employee or applicant for employment because— 

15 (A) the employee or applicant for employ16 ment refuses or declines to provide password or 

17 other means for accessing a private email ac18 count of the employee or applicant or a per19 sonal online account of the employee or appli20 cant, including any social networking website; 

21 or 

22 (B) such employee or applicant for employ23 ment has filed any complaint or instituted or 

24 caused to be instituted any proceeding under or 

25 related to this Act or has testified or is about 

26 to testify in any such proceeding. 


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1 (b) ENFORCEMENT.— 

2 (1) CIVIL PENALTIES.— 

3 (A) IN GENERAL.—Subject to paragraph 

4 (2), any employer who violates any provision of 

5 this Act may be assessed a civil penalty of not 

6 more than $10,000. 

7 (B) DETERMINATION OF AMOUNT.—In de8 termining the amount of any penalty under 

9 paragraph (1), the Secretary of Labor shall 

10 take into account the previous record of the 

11 person in terms of compliance with this Act and 

12 the gravity of the violation. 

13 (C) COLLECTION.—Any civil penalty as14 sessed under this subsection shall be collected 

15 in the same manner as is required by sub16 sections (b) through (e) of section 503 of the 

17 Migrant and Seasonal Agricultural Worker Pro18 tection Act (29 U.S.C. 1853) with respect to 

19 civil penalties assessed under subsection (a) of 

20 such section. 

21 (2) INJUNCTIVE ACTIONS BY THE SECRETARY

22 OF LABOR.—The Secretary of Labor may bring an 

23 action under this section to restrain violations of this 

24 Act. In any action brought under this section, the 

25 district courts of the United States shall have jurisVerDate Sep 11 2014 04:32 May 04, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5107.IH H5107

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1 diction, for cause shown, to issue temporary or per2 manent restraining orders and injunctions to require 

3 compliance with this Act, including such legal or eq4 uitable relief incident thereto as may be appropriate, 

5 including, employment, reinstatement, promotion, 

6 and the payment of lost wages and benefits. 

7 SEC. 3. INSTITUTION OF HIGHER EDUCATION ACCESS TO 

8 PERSONAL ACCOUNTS ON SOCIAL NET9 WORKING WEBSITES. 

10 Section 487(a) of the Higher Education Act of 1965 

11 (20 U.S.C. 1095(a)) is amended by adding at the end the 

12 following: 

13 ‘‘(30)(A) The institution will not— 

14 ‘‘(i) require or request that a student 

15 or potential student provide the institution 

16 with a password or any other means for 

17 accessing a private email account of the 

18 student or potential student or a personal 

19 online account of the student or potential 

20 student, including any social networking 

21 website; or 

22 ‘‘(ii) discharge, discipline, discriminate 

23 against in any manner, or deny admission 

24 to, suspend, or expel, or threaten to take 


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1 any such action against, any student or po2 tential student because— 

3 ‘‘(I) the student or potential stu4 dent refuses or declines to provide a 

5 password or other means for accessing 

6 a private email account of the student 

7 or potential student or a personal on8 line account of the student or poten9 tial student, including any social net10 working website; or 

11 ‘‘(II) such student or potential 

12 student has filed any complaint or in13 stituted or caused to be instituted any 

14 proceeding under or related to this 

15 paragraph or has testified or is about 

16 to testify in any such proceeding. 

17 ‘‘(B) For purposes of this paragraph, the 

18 term ‘social networking website’ has the mean19 ing given such term in section 5(2) of the So20 cial Networking Online Protection Act.’’. 

21 SEC. 4. LOCAL EDUCATIONAL AGENCY ACCESS TO PER22 SONAL ACCOUNTS ON SOCIAL NETWORKING 

23 WEBSITES. 

24 (a) IN GENERAL.—Subpart 2 of part E of title IX 

25 of the Elementary and Secondary Education Act of 1965 


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1 (20 U.S.C. 1094 et seq.) is amended by adding at the end 

2 the following new section: 

3 ‘‘SEC. 9537. PROHIBITION ON ACCESS TO PERSONAL AC4 COUNTS OF STUDENTS. 

5 ‘‘(a) IN GENERAL.—No local educational agency re6 ceiving funds under this Act may— 

7 ‘‘(1) require or request that a student or poten8 tial student provide the agency or a school served by 

9 the agency with a password or any other means for 

10 accessing a private email account of the student or 

11 potential student or a personal online account of the 

12 student or potential student, including any social 

13 networking website; or 

14 ‘‘(2) discharge, discipline, discriminate against 

15 in any manner, or deny admission to, suspend, or 

16 expel, or threaten to take any such action against, 

17 any student or potential student because— 

18 ‘‘(A) the student or potential student re19 fuses or declines to provide a password or other 

20 means for accessing a private email account of 

21 the student or potential student or a personal 

22 online account of the student or potential stu23 dent, including any social networking website; 

24 or 


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1 ‘‘(B) such student or potential student has 

2 filed any complaint or instituted or caused to be 

3 instituted any proceeding under or related to 

4 this paragraph or has testified or is about to 

5 testify in any such proceeding. 

6 ‘‘(b) DEFINITION.—For purposes of this subsection, 

7 the term ‘social networking website’ has the meaning given 

8 such term in section 5(2) of the Social Networking Online 

9 Protection Act.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 for the Elementary and Secondary Education Act of 1965 

12 (20 U.S.C. 6301 et seq.) is amended by inserting after 

13 the item relating to section 9536, the following new item: 

‘‘Sec. 9537. Prohibition on access to personal accounts of students.’’. 

14 SEC. 5. DEFINITIONS. 

15 As used in this Act— 

16 (1) the term ‘‘employer’’ means any person act17 ing directly or indirectly in the interest of an em18 ployer in relation to an employee or an applicant for 

19 employment; and 

20 (2) the term ‘‘social networking website’’ means 

21 any Internet service, platform, or website that pro22 vides a user with a distinct account— 

23 (A) whereby the user can access such ac24 count by way of a distinct user name, password, 

25 or other means distinct for that user; and 


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1 (B) that is primarily intended for the user 

2 to upload, store, and manage user-generated 

3 personal content on the service, platform, or 

4 website. 

Æ 


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