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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4711 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4711

             To provide for judicial security and privacy.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2020

 Mr. Menendez (for himself, Mr. Booker, and Mr. Graham) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
             To provide for judicial security and privacy.

    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 ``Daniel Anderl Judicial Security and 
Privacy Act of 2020''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Members of the Federal judiciary perform the important 
        function of interpreting our Constitution and administering 
        justice in a fair and impartial manner.
            (2) Federal judges must be able to act without fear of 
        personal reprisal from individuals affected by the decisions 
        they make in the course of carrying out their public duties.
            (3) In recent years, partially as a result of the rise in 
        the use of social media and online access to information, 
        members of the Federal judiciary have been exposed to an 
        increased number of personal threats in connection to their 
        role.
            (4) Between 2015 and 2019, threats and other inappropriate 
        communications against Federal judges and other judiciary 
        personnel increased from 926 in 2015 to approximately 4,449 in 
        2019.
            (5) Over the past decade, several members of the Federal 
        judiciary have experienced acts of violence against themselves 
        or a family member in connection to their Federal judiciary 
        role, including the murder of the family of United States 
        District Judge for the Northern District of Illinois Joan 
        Lefkow in 2005.
            (6) On Sunday July 19, 2020, an assailant went to the home 
        of Esther Salas, a judge for the United States District Court 
        for the District of New Jersey, impersonating a package 
        delivery driver, opening fire upon arrival, and killing Daniel 
        Anderl, the 20-year-old son of Judge Salas, and seriously 
        wounding Mark Anderl, her husband.
            (7) In the aftermath of the recent tragedy that occurred to 
        Judge Salas and in response to the continuous rise of threats 
        against members of the Federal judiciary, there is an immediate 
        need for enhanced security procedures and increased 
        availability of tools to protect Federal judges and their 
        families.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) At-risk individual.--The term ``at-risk individual'' 
        means--
                    (A) a Federal judge; or
                    (B) a senior, recalled, or retired Federal judge
            (2) Data broker.--The term ``data broker'' means a 
        commercial entity that collects, assembles, or maintains 
        personal information concerning an individual who is not a 
        customer or an employee of that entity in order to sell the 
        information or provide third party access to the information.
            (3) Directions.--The term ``directions'' means directions 
        for navigation of surface streets that will lead to the 
        specific covered address, even if the address is not published.
            (4) Federal judge.--The term ``Federal judge'' means--
                    (A) a justice or judge of the United States, as 
                those terms are defined in section 451 of title 28, 
                United States Code;
                    (B) a bankruptcy judge appointed under section 152 
                of title 28, United States Code;
                    (C) a United States magistrate judge appointed 
                under section 631 of title 28, United States Code;
                    (D) a judge confirmed by the United States Senate 
                and empowered by statute in any commonwealth, 
                territory, or possession to perform the duties of a 
                Federal judge; and
                    (E) a judge of the United States Court of Federal 
                Claims appointed under section 171 of title 28, United 
                States Code.
            (5) Government agency.--The term ``Government agency'' 
        means any department enumerated in section 1 of title 5 of the 
        United States Code, independent establishment, commission, 
        administration, authority, board or bureau of the United States 
        or any corporation in which the United States has a proprietary 
        interest. The term includes all such institutions, offices, and 
        any other bodies politic and corporate of the United States 
        Government created by the constitution or statute, whether in 
        the executive, judicial, or legislative branch; all units and 
        corporate outgrowths created by Executive order of the 
        President or any constitutional officer, by the Supreme Court 
        of the United States, or by resolution of the United States 
        Congress.
            (6) Immediate family.--The term ``immediate family'' means 
        a spouse, child, parent, or any other blood relative of an at-
        risk individual who lives in the same residence as the at-risk 
        individual.
            (7) Judges' personally identifiable information.--The term 
        ``judges' personally identifiable information'' means--
                    (A) a home address, including primary residence or 
                vacation home address, of an at-risk individual;
                    (B) home, personal mobile, or the direct telephone 
                line to the private chambers of an at-risk individual;
                    (C) the personal email address of an at-risk 
                individual;
                    (D) the social security number, driver's license 
                number, or voter registration information that includes 
                a home address of an at-risk individual;
                    (E) a bank account or credit or debit card 
                information of an at-risk individual;
                    (F) property tax records or any property ownership 
                records of an at-risk individual, including a secondary 
                residence and any investment property of at which an 
                at-risk individual resides for part of a year;
                    (G) birth and marriage records of an at-risk 
                individual;
                    (H) vehicle registration information of an at-risk 
                individual;
                    (I) identification of children of an at-risk 
                individual under the age of 18;
                    (J) date of birth of an at-risk individual;
                    (K) directions to a home of an at-risk individual 
                or immediate family of an at-risk individual;
                    (L) a photograph of any vehicle including license 
                plate or home including address of an at-risk 
                individual or immediate family of an at-risk 
                individual;
                    (M) the name and location of a school or day care 
                facility attended by a child of an at-risk individual 
                or immediate family of an at-risk individual; or
                    (N) the name and location of an employer of an 
                immediate family member of an at-risk individual.
            (8) Social media.--The term ``social media'' means any 
        online electronic medium, a live-chat system, or an electronic 
        dating service--
                    (A) that primarily serves as a medium for users to 
                interact with content generated by other third-party 
                users of the medium;
                    (B) that enables users to create accounts or 
                profiles specific to the medium or to import profiles 
                from another medium; and
                    (C) that enables one or more users to generate 
                content that can be viewed by other third-party users 
                of the medium.

SEC. 4. PROTECTING JUDGES' PERSONALLY IDENTIFIABLE INFORMATION IN 
              PUBLIC RECORDS.

    (a) Government Agencies.--
            (1) In general.--Each at-risk individual may--
                    (A) file written notice of the status of the 
                individual as an at-risk individual, for themselves and 
                immediate family of an at-risk individual, to each 
                Government agency; and
                    (B) ask each Government agency described in 
                subparagraph (A) to mark as confidential judges' 
                personally identifiable information.
            (2) Government agencies shall not publicly post or display 
        publicly available content that includes judges' personally 
        identifiable information. Government agencies, upon receipt of 
        a written request in accordance with subsection a(1)(A) of this 
        section, shall remove the judges' personally identifiable 
        information from publicly available content within 72 hours.
    (b) State and Local Governments.--
            (1) Grant program to prevent disclosure of personal 
        information of judicial officers.--
                    (A) Authorization.--The Attorney General shall make 
                grants to prevent the release of personally 
                identifiable information of at-risk individuals to the 
                detriment of such individuals or their families to--
                            (i)(I) a State or unit of local government 
                        (as such terms are defined in section 901 of 
                        the Omnibus Crime Control and Safe Streets Act 
                        of 1968 (34 U.S.C. 10251); or
                            (II) an agency of a State or unit of local 
                        government;
                            (ii) that operates a State or local 
                        database or registry that contains personally 
                        identifying information.
                    (B) Application.--An eligible entity seeking a 
                grant under this section shall submit to the Attorney 
                General an application at such time, in such manner, 
                and containing such information as the Attorney General 
                may reasonably require.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated such sums as may be necessary to provide 
        grants to entities described in paragraph (1) to create or 
        expand programs designed to protect judges' personally 
        identifiable information, including through--
                    (A) the creation of programs to redact or remove 
                judges' personally identifiable information, upon the 
                request of an at-risk individual, from public records 
                in state agencies; these efforts may include but are 
                not limited to hiring a third party to redact or remove 
                judges' personally identifiable information from public 
                records;
                    (B) the expansion of existing programs that the 
                State may have enacted in an effort to protect judges' 
                personally identifiable information;
                    (C) the development or improvement of protocols, 
                procedures, and policies to prevent the release of 
                judges' personally identifiable information;
                    (D) the defrayment of costs of modifying or 
                improving existing databases and registries to ensure 
                that judges' personally identifiable information is 
                protected from release; and
                    (E) the development of confidential opt out systems 
                that will enable at-risk individuals to make a single 
                request to keep judges' personally identifiable 
                information out of multiple databases or registries.
            (3) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and biennially 
                thereafter, the Comptroller General of the United 
                States, shall submit to the Committee on the Judiciary 
                of the Senate and the Committee on the Judiciary of the 
                House of Representatives an annual report that 
                includes--
                            (i) a detailed amount spent by States and 
                        local governments on protection of judges' 
                        personally identifiable information; and
                            (ii) where the judges' personally 
                        identifiable information was found.
                    (B) States and local governments.--States and local 
                governments that receive funds under this section shall 
                submit to the Comptroller General a report on data 
                described in clauses (i) and (ii) of subparagraph (A) 
                to be included in the report required under that 
                subparagraph.
    (c) Data Brokers and Other Businesses.--
            (1) Prohibition.--
                    (A) Data brokers.--It shall be unlawful for a data 
                broker to sell, license, trade, purchase, or otherwise 
                provide or make available for consideration judges' 
                personally identifiable information.
                    (B) Other businesses.--No person, business, or 
                association shall publicly post or publicly display on 
                the internet judges' personally identifiable 
                information if the at-risk individual has, either 
                directly or through an agent, made a written request of 
                that person, business, or association to not disclose 
                the judges' personally identifiable information of the 
                at-risk individual or that of the at-risk individual's 
                immediate family.
                    (C) List.--The Administrative Office of the United 
                States Courts may, upon request, act as an agent and 
                provide data brokers with a current list of Federal 
                judges and their immediate family for the purpose of 
                maintaining compliance with this section.
            (2) Required conduct.--
                    (A) In general.--After a person, business, or 
                association has received a written request from an at-
                risk individual to protect the judges' personally 
                identifiable information, that person, business, or 
                association shall have 72 hours to remove the judges' 
                personally identifiable information from the internet.
                    (B) Information protected.--After a person, 
                business, or association has received a written request 
                from an at-risk individual, that person, business, or 
                association shall ensure that the at-risk individual's 
                judges' personally identifiable information is not made 
                available on any website or subsidiary website 
                controlled by that person, business, or association.
                    (C) Transfer.--After receiving an at-risk 
                individual's written request, no person, business, or 
                association shall transfer the judges' personally 
                identifiable information to any other person, business, 
                or association through any medium.
    (d) Redress and Penalties.--
            (1) In general.--An at-risk individual whose judges' 
        personally identifiable information is made public as a result 
        of a violation of this Act may bring an action seeking 
        injunctive or declaratory relief in any court of competent 
        jurisdiction. If the court grants injunctive or declaratory 
        relief, the person, business, or association responsible for 
        the violation shall be required to pay the at-risk individual's 
        costs and reasonable attorney's fees.
            (2) Private right of action.--
                    (A) In general.--An at-risk individual or immediate 
                family member who is aggrieved by a violation of 
                subsection (c) of this section may bring an action in 
                any court of competent jurisdiction.
                    (B) Damages.--A prevailing plaintiff in an action 
                described in subparagraph (A) shall be awarded damages 
                in an amount--
                            (i) not greater than 3 times the actual 
                        damages to the plaintiff; and
                            (ii) not less than $10,000.

SEC. 5. HOME INTRUSION DETECTION SYSTEM PROGRAM.

    There is authorized to be appropriated such sums as may be 
necessary to provide security monitoring services for active, senior, 
recalled, or retired Federal judges, including any method or methods 
designed to provide security through a system of interworking 
components and devices such as integrated electronic devices working 
together with a central control panel, including doorbell cameras, 
outdoor cameras, and motion detection devices.

SEC. 6. TRAINING AND EDUCATION.

    There is authorized to be appropriated to the Federal judiciary 
such sums as may be necessary for biannual judicial security training 
for active, senior, or recalled Federal judges and their immediate 
family, including--
            (1) best practices for using social media and other forms 
        of online engagement and for maintaining online privacy;
            (2) home security program and maintenance;
            (3) understanding removal programs and requirements for 
        judges' personally identifiable information;
            (4) any other judicial security training that the United 
        States Marshals Services and the Administrative Office of the 
        United States Courts determines is relevant.

SEC. 7. NEW THREAT MANAGEMENT CAPABILITY.

    (a) Authorization of Appropriations.--
            (1) New threat management capability.--There is authorized 
        to be appropriated to the Administrative Office of the United 
        States Courts such sums as may be necessary to establish, in 
        coordination with the U.S. Marshals Service and other relevant 
        Federal law enforcement and security agencies, a new threat 
        management capability for monitoring all-source information 
        which may:
                    (A) provide a threat monitoring and analysis 
                capability for the protection of at-risk individuals 
                and judiciary assets;
                    (B) coordinate social media monitoring and threat 
                assessments;
                    (C) proactively manage the monitoring of data 
                broker websites for judges' personally identifiable 
                information and report violations to the United States 
                Marshals Service, and other appropriate Federal and 
                local law enforcement authorities;
                    (D) maintain files of escalating behaviors and work 
                in conjunction with the United States Marshals Service, 
                and appropriate Federal and local law enforcement to 
                counteract overt acts of aggression;
                    (E) maintain a database of each active, senior, 
                recalled, or retired Federal judge to catalogue 
                complaints, including the name and other relevant 
                personal information of the individual or group of 
                individuals engaging in direct or indirect threatening 
                behavior; and
                    (F) coordinate complaints by active, senior, 
                recalled, or retired Federal judges of all sources and 
                other online threats, whether direct or indirect, with 
                law enforcement partners.
    (b) Expansion of Capabilities of Office of Protective 
Intelligence.--There is authorized to be appropriated such sums as may 
be necessary to the United States Marshals Service to expand the 
current capabilities of the Office of Protective Intelligence of the 
Judicial Security Division to--
            (1) increase the workforce of the Office of Protective 
        Intelligence to include additional intelligence analysts, 
        United States deputy marshals, and any other relevant personnel 
        to ensure that the Office of Protective Intelligence is ready 
        and able to anticipate and deter threats to the judiciary;
            (2) provide a number of intelligence analysts of the United 
        States Marshals Service to assist the Administrative Office of 
        the U.S. Courts in establishing the threat monitoring 
        capability described in subsection (a); and
            (3) develop a monitoring, collection, and analytical 
        capability to share relevant information leveraged from the 
        Administrative Office of the United States Courts and partnered 
        law enforcement and security agencies to protect judiciary 
        personnel and assets.
    (c) Report.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Department of Justice, in 
        consultation with the Administrative Office of the United 
        States Courts, shall submit to the Committee on the Judiciary 
        of the Senate and the Committee on the Judiciary of the House 
        of Representatives a report on the security of Federal judges 
        arising from the Federal prosecutions and civil litigation.
            (2) Description.--The report required under paragraph (1) 
        shall describe--
                    (A) the number and nature of threats and assaults 
                against at-risk individuals handling prosecutions and 
                other matters described in paragraph (1) and the 
                reporting requirements and methods;
                    (B) the security measures that are in place to 
                protect the at-risk individuals handling prosecutions 
                described in paragraph (1), including threat 
                assessments, response procedures, availability of 
                security systems and other devices, firearms licensing 
                such as deputations, and other measures designed to 
                protect the at-risk individuals and immediate family of 
                an at-risk individual; and
                    (C) for each requirement, measure, or policy 
                described in subparagraphs (A) and (B), when the 
                requirement, measure, or policy was developed and who 
                was responsible for developing and implementing the 
                requirement, measure, or policy.

SEC. 8. SEVERABILITY.

    If any provision of this Act or the application of such provision 
to any person or circumstance is held to be unconstitutional, the 
remainder of this Act and the application of such provision to any 
person or circumstance shall not be affected thereby.

SEC. 9. EFFECTIVE DATE.

    This Act shall take effect on the date that is 120 days after the 
date of enactment of this Act.
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