I 

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. 

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 user name, password, or any other means for ac8 cessing a private email account of the employee or 

9 applicant or the personal account of the employee or 

10 applicant on 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 a user 

17 name, password, or other means for accessing a 

18 private email account of the employee or appli19 cant or the personal account of the employee or 

20 applicant on any social networking website; or 

21 (B) such employee or applicant for employ22 ment has filed any complaint or instituted or 

23 caused to be instituted any proceeding under or 

24 related to this Act or has testified or is about 

25 to testify in any such proceeding. 

26 (b) ENFORCEMENT.— 


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1 (1) CIVIL PENALTIES.— 

2 (A) IN GENERAL.—Subject to paragraph 

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

4 this Act may be assessed a civil penalty of not 

5 more than $10,000. 

6 (B) DETERMINATION OF AMOUNT.—In de7 termining the amount of any penalty under 

8 paragraph (1), the Secretary of Labor shall 

9 take into account the previous record of the 

10 person in terms of compliance with this Act and 

11 the gravity of the violation. 

12 (C) COLLECTION.—Any civil penalty as13 sessed under this subsection shall be collected 

14 in the same manner as is required by sub15 sections (b) through (e) of section 503 of the 

16 Migrant and Seasonal Agricultural Worker Pro17 tection Act (29 U.S.C. 1853) with respect to 

18 civil penalties assessed under subsection (a) of 

19 such section. 

20 (2) INJUNCTIVE ACTIONS BY THE SECRETARY

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

22 action under this section to restrain violations of this 

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

24 district courts of the United States shall have juris25 diction, for cause shown, to issue temporary or perVerDate Mar 15 2010 22:06 May 02, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5050.IH H5050

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1 manent restraining orders and injunctions to require 

2 compliance with this Act, including such legal or eq3 uitable relief incident thereto as may be appropriate, 

4 including, employment, reinstatement, promotion, 

5 and the payment of lost wages and benefits. 

6 SEC. 3. INSTITUTION OF HIGHER EDUCATION ACCESS TO 

7 PERSONAL ACCOUNTS ON SOCIAL NET8 WORKING WEBSITES. 

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

10 (20 U.S.C. 1095(a)) is amended by adding at the end the 

11 following: 

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

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

14 or potential student provide the institution 

15 with a user name, password, or any other 

16 means for accessing a private email ac17 count of the student or potential student 

18 or the personal account of the student or 

19 potential student on any social networking 

20 website; or 

21 ‘‘(ii) discharge, discipline, discriminate 

22 against in any manner, or deny admission 

23 to, suspend, or expel, or threaten to take 

24 any such action against, any student or po25 tential student because— 


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1 ‘‘(I) the student or potential stu2 dent refuses or declines to provide a 

3 user name, password, or other means 

4 for accessing a private email account 

5 of the student or potential student or 

6 the personal account of the student or 

7 potential student on any social net8 working website; or 

9 ‘‘(II) such student or potential 

10 student has filed any complaint or in11 stituted or caused to be instituted any 

12 proceeding under or related to this 

13 paragraph or has testified or is about 

14 to testify in any such proceeding. 

15 ‘‘(B) For purposes of this paragraph, the term 

16 ‘social networking website’ has the meaning given 

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

18 Online Protection Act.’’. 

19 SEC. 4. LOCAL EDUCATIONAL AGENCY ACCESS TO PER20 SONAL ACCOUNTS ON SOCIAL NETWORKING 

21 WEBSITES. 

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

23 of the Elementary and Secondary Education Act of 1965 

24 (20 U.S.C. 1094 et seq.) is amended by adding at the end 

25 the following new section: 


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1 ‘‘SEC. 9537. PROHIBITION ON ACCESS TO PERSONAL AC2 COUNTS OF STUDENTS. 

3 ‘‘(a) IN GENERAL.—No local educational agency re4 ceiving funds under this Act may— 

5 ‘‘(1) require or request that a student or poten6 tial student provide the agency or a school served by 

7 the agency with a user name, password, or any other 

8 means for accessing a private email account of the 

9 student or potential student or the personal account 

10 of the student or potential student on any social net11 working website; or 

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

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

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

15 any student or potential student because— 

16 ‘‘(A) the student or potential student re17 fuses or declines to provide a user name, pass18 word, or other means for accessing a private 

19 email account of the student or potential stu20 dent or the personal account of the student or 

21 potential student on any social networking 

22 website; or 

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

24 filed any complaint or instituted or caused to be 

25 instituted any proceeding under or related to 


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1 this paragraph or has testified or is about to 

2 testify in any such proceeding. 

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

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

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

6 Protection Act.’’. 

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

8 for the Elementary and Secondary Education Act of 1965 

9 (20 U.S.C. 6301 et seq.) is amended by inserting after 

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

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

11 SEC. 5. DEFINITIONS. 

12 As used in this Act— 

13 (1) the term ‘‘employer’’ means any person act14 ing directly or indirectly in the interest of an em15 ployer in relation to an employee or an applicant for 

16 employment; and 

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

18 any Internet service, platform, or website that pro19 vides a user with a distinct account— 

20 (A) whereby the user can access such ac21 count by way of a distinct user name, password, 

22 or other means distinct for that user; and 

23 (B) that is primarily intended for the user 

24 to upload, store, and manage user-generated 


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1 personal content on the service, platform, or 

2 website. 

Æ 


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