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, pass-
word, 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 requir-
ing or requesting that employees and certain other indi-
viduals provide a user name, password, or other means 
for accessing a personal account on any social networking 
website. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Social Networking On-
line Protection Act’’. 
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(b) ENFORCEMENT.— 
(1) CIVIL PENALTIES.— 
(A) IN GENERAL.—Subject to paragraph 
(2), any employer who violates any provision of 
this Act may be assessed a civil penalty of not 
more than $10,000. 
(B) DETERMINATION OF AMOUNT.—In de-
termining the amount of any penalty under 
paragraph (1), the Secretary of Labor shall 
take into account the previous record of the 
person in terms of compliance with this Act and 
the gravity of the violation. 
(C) COLLECTION.—Any civil penalty as-
sessed under this subsection shall be collected 
in the same manner as is required by sub-
sections (b) through (e) of section 503 of the 
Migrant and Seasonal Agricultural Worker Pro-
tection Act (29 U.S.C. 1853) with respect to 
civil penalties assessed under subsection (a) of 
such section. 
(2) INJUNCTIVE ACTIONS BY THE SECRETARY 
OF LABOR.—The Secretary of Labor may bring an 
action under this section to restrain violations of this 
Act. In any action brought under this section, the 
district courts of the United States shall have juris-
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diction, for cause shown, to issue temporary or per-
manent restraining orders and injunctions to require 
compliance with this Act, including such legal or eq-
uitable relief incident thereto as may be appropriate, 
including, employment, reinstatement, promotion, 
and the payment of lost wages and benefits. 
SEC. 3. INSTITUTION OF HIGHER EDUCATION ACCESS TO 
PERSONAL 
ACCOUNTS 
ON 
SOCIAL 
NET-
WORKING WEBSITES. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1095(a)) is amended by adding at the end the 
following: 
‘‘(30)(A) The institution will not— 
‘‘(i) require or request that a student 
or potential student provide the institution 
with a password or any other means for 
accessing a private email account of the 
student or potential student or a personal 
online account of the student or potential 
student, including any social networking 
website; or 
‘‘(ii) discharge, discipline, discriminate 
against in any manner, or deny admission 
to, suspend, or expel, or threaten to take 
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any such action against, any student or po-
tential student because— 
‘‘(I) the student or potential stu-
dent refuses or declines to provide a 
password or other means for accessing 
a private email account of the student 
or potential student or a personal on-
line account of the student or poten-
tial student, including any social net-
working website; or 
‘‘(II) such student or potential 
student has filed any complaint or in-
stituted or caused to be instituted any 
proceeding under or related to this 
paragraph or has testified or is about 
to testify in any such proceeding. 
‘‘(B) For purposes of this paragraph, the 
term ‘social networking website’ has the mean-
ing given such term in section 5(2) of the So-
cial Networking Online Protection Act.’’. 
SEC. 4. LOCAL EDUCATIONAL AGENCY ACCESS TO PER-
SONAL ACCOUNTS ON SOCIAL NETWORKING 
WEBSITES. 
(a) IN GENERAL.—Subpart 2 of part E of title IX 
of the Elementary and Secondary Education Act of 1965 
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(20 U.S.C. 1094 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 9537. PROHIBITION ON ACCESS TO PERSONAL AC-
COUNTS OF STUDENTS. 
‘‘(a) IN GENERAL.—No local educational agency re-
ceiving funds under this Act may— 
‘‘(1) require or request that a student or poten-
tial student provide the agency or a school served by 
the agency with a password or any other means for 
accessing a private email account of the student or 
potential student or a personal online account of the 
student or potential student, including any social 
networking website; or 
‘‘(2) discharge, discipline, discriminate against 
in any manner, or deny admission to, suspend, or 
expel, or threaten to take any such action against, 
any student or potential student because— 
‘‘(A) the student or potential student re-
fuses or declines to provide a password or other 
means for accessing a private email account of 
the student or potential student or a personal 
online account of the student or potential stu-
dent, including any social networking website; 
or 
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‘‘(B) such student or potential student has 
filed any complaint or instituted or caused to be 
instituted any proceeding under or related to 
this paragraph or has testified or is about to 
testify in any such proceeding. 
‘‘(b) DEFINITION.—For purposes of this subsection, 
the term ‘social networking website’ has the meaning given 
such term in section 5(2) of the Social Networking Online 
Protection Act.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) is amended by inserting after 
the item relating to section 9536, the following new item: 
‘‘Sec. 9537. Prohibition on access to personal accounts of students.’’. 
SEC. 5. DEFINITIONS. 
As used in this Act— 
(1) the term ‘‘employer’’ means any person act-
ing directly or indirectly in the interest of an em-
ployer in relation to an employee or an applicant for 
employment; and 
(2) the term ‘‘social networking website’’ means 
any Internet service, platform, or website that pro-
vides a user with a distinct account— 
(A) whereby the user can access such ac-
count by way of a distinct user name, password, 
or other means distinct for that user; and 
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(B) that is primarily intended for the user 
to upload, store, and manage user-generated 
personal content on the service, platform, or 
website. 
Æ 
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