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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5050 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5050

  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 27, 2012

  Mr. Engel (for himself and Ms. Schakowsky) 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.

    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 ``Social Networking Online Protection 
Act''.

SEC. 2. EMPLOYER ACCESS TO PERSONAL ACCOUNTS ON SOCIAL NETWORKING 
              WEBSITES.

    (a) Conduct Prohibited.--It shall be unlawful for any employer--
            (1) to require or request that an employee or applicant for 
        employment provide the employer with a user name, password, or 
        any other means for accessing a private email account of the 
        employee or applicant or the personal account of the employee 
        or applicant on any social networking website; or
            (2) to discharge, discipline, discriminate against in any 
        manner, or deny employment or promotion to, or threaten to take 
        any such action against, any employee or applicant for 
        employment because--
                    (A) the employee or applicant for employment 
                refuses or declines to provide a user name, password, 
                or other means for accessing a private email account of 
                the employee or applicant or the personal account of 
                the employee or applicant on any social networking 
                website; or
                    (B) such employee or applicant for employment has 
                filed any complaint or instituted or caused to be 
                instituted any proceeding under or related to this Act 
                or has testified or is about to testify in any such 
                proceeding.
    (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 determining 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 assessed under 
                this subsection shall be collected in the same manner 
                as is required by subsections (b) through (e) of 
                section 503 of the Migrant and Seasonal Agricultural 
                Worker Protection 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 jurisdiction, for cause shown, to issue temporary or 
        permanent restraining orders and injunctions to require 
        compliance with this Act, including such legal or equitable 
        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 NETWORKING 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 user name, password, or any other means for 
                        accessing a private email account of the 
                        student or potential student or the personal 
                        account of the student or potential student on 
                        any social networking website; or
                            ``(ii) 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--
                                    ``(I) the student or potential 
                                student refuses or declines to provide 
                                a user name, password, or other means 
                                for accessing a private email account 
                                of the student or potential student or 
                                the personal account of the student or 
                                potential student on any social 
                                networking website; or
                                    ``(II) 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) For purposes of this paragraph, the term `social 
        networking website' has the meaning given such term in section 
        5(2) of the Social Networking Online Protection Act.''.

SEC. 4. LOCAL EDUCATIONAL AGENCY ACCESS TO PERSONAL 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 (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 ACCOUNTS OF STUDENTS.

    ``(a) In General.--No local educational agency receiving funds 
under this Act may--
            ``(1) require or request that a student or potential 
        student provide the agency or a school served by the agency 
        with a user name, password, or any other means for accessing a 
        private email account of the student or potential student or 
        the personal account of the student or potential student on 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 refuses or 
                declines to provide a user name, password, or other 
                means for accessing a private email account of the 
                student or potential student or the personal account of 
                the student or potential student on any social 
                networking website; or
                    ``(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 acting directly 
        or indirectly in the interest of an employer 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 provides a user 
        with a distinct account--
                    (A) whereby the user can access such account by way 
                of a distinct user name, password, or other means 
                distinct for that user; and
                    (B) that is primarily intended for the user to 
                upload, store, and manage user-generated personal 
                content on the service, platform, or website.
                                 <all>
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