[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.
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