I 

114TH CONGRESS 

1ST SESSION H. R. 2277 

To prohibit employers from compelling or coercing any person to authorize 

access to a protected computer, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2015 

Mr. PERLMUTTER (for himself, Mr. WELCH, Mr. RUSH, Mr. GRIJALVA, Mr. 

RANGEL, Mr. TONKO, Mrs. CAPPS, and Mr. SCHWEIKERT) introduced the 

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

A BILL 

To prohibit employers from compelling or coercing any person to authorize access to a protected computer, and 

for other purposes. 

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 ‘‘Password Protection 

5 Act of 2015’’. 

6 SEC. 2. PROHIBITED ACTIVITY. 

7 (a) IN GENERAL.—Section 1030(a) of title 18, 

8 United States Code, is amended— 


SSpencer on DSK3TPTVN1PROD with BILLS
2 

•HR 2277 IH

1 (1) in paragraph (7)(C), by inserting ‘‘or’’ after 

2 the semicolon; and 

3 (2) by inserting after paragraph (7)(C) the fol4 lowing: 

5 ‘‘(8) acting as an employer, knowingly and in6 tentionally— 

7 ‘‘(A) for the purposes of employing, pro8 moting, or terminating employment, compels or 

9 coerces any person to authorize access, such as 

10 by providing a password or similar information 

11 through which a computer may be accessed, to 

12 a protected computer that is not the employer’s 

13 protected computer, and thereby obtains infor14 mation from such protected computer; or 

15 ‘‘(B) discharges, disciplines, discriminates 

16 against in any manner, or threatens to take any 

17 such action against, any person— 

18 ‘‘(i) for failing to authorize access de19 scribed in subparagraph (A) to a protected 

20 computer that is not the employer’s pro21 tected computer; or 

22 ‘‘(ii) who has filed any complaint or 

23 instituted or caused to be instituted any 

24 proceeding under or related to this paraVerDate Sep 11 2014 00:39 May 15, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2277.IH H2277

SSpencer on DSK3TPTVN1PROD with BILLS
3 

•HR 2277 IH

1 graph, or has testified or is about to testify 

2 in any such proceeding;’’. 

3 (b) FINE.—Section 1030(c) of title 18, United States 

4 Code, is amended— 

5 (1) in paragraph (4)(G)(ii), by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(5) a fine under this title, in the case of an 

9 offense under subsection (a)(8) or an attempt to 

10 commit an offense punishable under this para11 graph.’’. 

12 (c) DEFINITIONS.—Section 1030(e) of title 18, 

13 United States Code, is amended— 

14 (1) in paragraph (11), by striking ‘‘and’’ after 

15 the semicolon; 

16 (2) in paragraph (12), by striking the period 

17 and inserting a semicolon; and 

18 (3) by adding at the end the following: 

19 ‘‘(13) the term ‘employee’ means an employee, 

20 as such term is defined in section 201(2) of the Ge21 netic Nondiscrimination Act of 2008 (42 U.S.C. 

22 2000ff(2)); 

23 ‘‘(14) the term ‘employer’ means an employer, 

24 as such term is defined in such section 201(2); and 


SSpencer on DSK3TPTVN1PROD with BILLS
4 

•HR 2277 IH

1 ‘‘(15) the term ‘employer’s protected computer’ 

2 means a protected computer of the employer, includ3 ing any protected computer owned, operated, or oth4 erwise controlled by, for, or on behalf of that em5 ployer.’’. 

6 (d) EXCEPTIONS.—Section 1030(f) of title 18, 

7 United States Code, is amended— 

8 (1) by striking ‘‘(f) This’’ and inserting ‘‘(f)(1) 

9 This’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(2)(A) Nothing in subsection (a)(8) shall be 

12 construed to limit the authority of a court of com13 petent jurisdiction to grant equitable relief in a civil 

14 action, if the court determines that there are specific 

15 and articulable facts showing that there are reason16 able grounds to believe that the information sought 

17 to be obtained is relevant and material to protecting 

18 the intellectual property, a trade secret, or confiden19 tial business information of the party seeking the re20 lief. 

21 ‘‘(B) Notwithstanding subsection (a)(8), the 

22 prohibition in such subsection shall not apply to an 

23 employer’s actions if— 

24 ‘‘(i) the employer discharges or other25 wise disciplines an individual for good 


SSpencer on DSK3TPTVN1PROD with BILLS
5 

•HR 2277 IH

1 cause and an activity protected under sub2 section (a)(8) is not a motivating factor for 

3 the discharge or discipline of the indi4 vidual; 

5 ‘‘(ii) the employer is complying with 

6 the requirements of Federal or State law, 

7 rule or regulation, or a rule of a self-regu8 latory organization, as defined in section 

9 3(a)(26) of the Securities and Exchange 

10 Act of 1934 (15 U.S.C. 78c(a)(26)), appli11 cable to brokers, dealers and investment 

12 advisers; 

13 ‘‘(iii) a State enacts a law that specifi14 cally waives subsection (a)(8) with respect 

15 to a particular class of State government 

16 employees or employees who work with in17 dividuals under 13 years of age, and the 

18 employer’s action relates to an employee in 

19 such class; or 

20 ‘‘(iv) an Executive agency (as defined 

21 in section 105 of title 5), a military depart22 ment (as defined in section 102 of such 

23 title), or any other entity within the execu24 tive branch that comes into the possession 

25 of classified information, including the DeVerDate Sep 11 2014 00:39 May 15, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2277.IH H2277

SSpencer on DSK3TPTVN1PROD with BILLS
6 

•HR 2277 IH

1 fense Intelligence Agency, National Secu2 rity Agency, and National Reconnaissance 

3 Office, specifically waives subsection (a)(8) 

4 with respect to a particular class of em5 ployees requiring eligibility for access to 

6 classified information under Executive 

7 Order 12968 (60 Fed. Reg. 40245), or any 

8 successor thereto, and the employer’s ac9 tion relates to an employee in such class.’’. 

Æ 


SSpencer on DSK3TPTVN1PROD with BILLS