,,ii #aacth ,,congress #ast ,session ,s4 #adbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjac ,mr4 ,blumenthal 7for himself1 ,mr4 ,schumer1 ,mr4 ,wyden1 ,mrs4 ,shaheen1 ,ms4 ,klobuchar1 ,mr4 ,heinrich1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit employers from compelling or coercing any person to authorize access to a protected computer1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,password ,protection ,act of #bjac4 #b4 ,prohibited activity 7a7 ,in general ,section #ajcj7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#g77;,c71 by inserting or after the semicolon2 and 7#b7 by inserting after paragraph 7#g77;,c7 the following3 7#h7 acting as an employer1 knowingly and intentionally-- 7,a7 for the purposes of employing1 promoting1 or terminating employment1 compels or coerces any person to authorize access1 such as by providing a password or similar information through which a computer may be accessed1 to a protected computer that is not the employer's protected computer1 and thereby obtains information from such protected computer2 or 7,b7 discharges1 disciplines1 discriminates against in any manner1 or threatens to take any such action against1 any person-- 7i7 for failing to authorize access described in subparagraph 7,a7 to a protected computer that is not the employer's protected computer2 or 7ii7 who has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph1 or has testified or is about to testify in any such proceeding2 4 7b7 ,fine ,section #ajcj7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d77;,g77ii71 by striking the period at the end and inserting 2 and2 and 7#b7 by adding at the end the following3 7#e7 a fine under this title1 in the case of an offense under subsection 7a77#h7 or an attempt to commit an offense punishable under this paragraph4 4 7c7 ,definitions ,section #ajcj7;e7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#aa71 by striking and after the semicolon2 7#b7 in paragraph 7#ab71 by striking the period and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#ac7 the term employee means an employee1 as such term is defined in section #bja7b7 of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff7#b772 7#ad7 the term employer means an employer1 as such term is defined in such section #bja7b72 and 7#ae7 the term employer's protected computer means a protected computer of the employer1 including any protected computer owned1 operated1 or otherwise controlled by1 for1 or on behalf of that employer4 4 7d7 ,exceptions ,section #ajcj7;f7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking 7f7 ,this and inserting 7f77#a7 ,this2 and 7#b7 by adding at the end the following3 7#b7 7,a7 ,nothing in subsection 7a77#h7 shall be construed to limit the authority of a court of competent jurisdiction to grant equitable relief in a civil action1 if the court determines that there are specific and articulable facts showing that there are reasonable grounds to believe that the information sought to be obtained is relevant and material to protecting the intellectual property1 a trade secret1 or confidential business information of the party seeking the relief4 7,b7 ,notwithstanding subsection 7a77#h71 the prohibition in such subsection shall not apply to an employer's actions if-- 7i7 the employer discharges or otherwise disciplines an individual for good cause and an activity protected under subsection 7a77#h7 is not a motivating factor for the discharge or discipline of the individual2 7ii7 the employer is complying with the requirements of a ,federal or ,state law1 rule1 or regulation or a rule of a self-regulatory organization 7as defined in section #c7;a77#bf7 of the ,securities and ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#bf7772 7iii7 a ,state enacts a law that specifically waives subsection 7a77#h7 with respect to a particular class of ,state government employees or employees who work with individuals under #ac years of age1 and the employer's action relates to an employee in such class2 or 7iv7 an ,executive agency 7as defined in section #aje of title #e71 a military department 7as defined in section #ajb of such title71 or any other entity within the executive branch that comes into the possession of classified information1 including the ,defense ,intelligence ,agency1 ,national ,security ,agency1 and ,national ,reconnaissance ,office1 specifically waives subsection 7a77#h7 with respect to a particular class of employees requiring eligibility for access to classified information under ,executive ,order #abifh 7#fj ,fed4 ,reg4 #djbde71 or any successor thereto1 and the employer's action relates to an employee in such class4 4