II 

Calendar No. 190 

117TH CONGRESS 

1ST SESSION S. 2340 

To improve the safety and security of the Federal judiciary. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2021 

Mr. MENENDEZ (for himself, Mr. BOOKER, Mr. GRAHAM, Mr. DURBIN, Mr. 

KENNEDY, Mrs. FEINSTEIN, Ms. KLOBUCHAR, Mr. COONS, Mr. 

BLUMENTHAL, Ms. HIRONO, Mr. PADILLA, Mr. GRASSLEY, and Mr. 

CRUZ) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

DECEMBER 16, 2021 

Reported by Mr. DURBIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To improve the safety and security of the Federal judiciary. 

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 ‘‘Daniel Anderl Judicial 

5 Security and Privacy Act of 2021’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 2340 RS

1 SEC. 2. PURPOSE; RULES OF CONSTRUCTION. 

2 (a) PURPOSE.—The purpose of this Act is to improve 

3 the safety and security of Federal judges, including senior, 

4 recalled, or retired Federal judges, and their immediate 

5 family, to ensure Federal judges are able to administer 

6 justice fairly without fear of personal reprisal from indi7 viduals affected by the decisions they make in the course 

8 of carrying out their public duties. 

9 (b) RULES OF CONSTRUCTION.— 

10 (1) IN GENERAL.—Nothing in this Act shall be 

11 construed— 

12 (A) to prohibit, restrain, or limit— 

13 (i) the lawful investigation or report14 ing by the press of any unlawful activity or 

15 misconduct alleged to have been committed 

16 by an at-risk individual or their immediate 

17 family; or 

18 (ii) the reporting on an at-risk indi19 vidual or their immediate family regarding 

20 matters of public concern; 

21 (B) to impair access to decisions and opin22 ions from a Federal judge in the course of car23 rying out their public functions; or 

24 (C) to limit the publication or transfer of 

25 personally identifiable information that the at26 risk individual or their immediate family memVerDate Sep 11 2014 03:13 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2340.RS S2340

pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 2340 RS

1 ber voluntarily publishes on the internet after 

2 the date of enactment of this Act. 

3 (2) PROTECTION OF PERSONALLY IDENTIFI4 ABLE INFORMATION.—This Act shall be broadly con5 strued to favor the protection of the personally iden6 tifiable information of at-risk individuals and their 

7 immediate family. 

8 SEC. 3. FINDINGS. 

9 Congress finds the following: 

10 (1) Members of the Federal judiciary perform 

11 the important function of interpreting our Constitu12 tion and administering justice in a fair and impartial 

13 manner. 

14 (2) In recent years, partially as a result of the 

15 rise in the use of social media and online access to 

16 information, members of the Federal judiciary have 

17 been exposed to an increased number of personal 

18 threats in connection to their role. The ease of ac19 cess to free or inexpensive sources of personally 

20 identifiable information has considerably lowered the 

21 effort required for malicious actors to discover where 

22 individuals live, where they spend leisure hours, and 

23 to find information about their family members. 

24 Such threats have included calling a judge a traitor 

25 with references to mass shootings and serial killings, 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 2340 RS

1 calling for an ‘‘angry mob’’ to gather outside a 

2 judge’s home and, in reference to a United States 

3 courts of appeals judge, stating how easy it would be 

4 to ‘‘get them.’’ 

5 (3) Between 2015 and 2019, threats and other 

6 inappropriate communications against Federal 

7 judges and other judiciary personnel increased from 

8 926 in 2015 to approximately 4,449 in 2019. 

9 (4) Over the past decade, several members of 

10 the Federal judiciary have experienced acts of vio11 lence against themselves or a family member in con12 nection to their Federal judiciary role, including the 

13 murder of the family of United States District 

14 Judge for the Northern District of Illinois Joan 

15 Lefkow in 2005. 

16 (5) On Sunday July 19, 2020, an assailant 

17 went to the home of Esther Salas, a judge for the 

18 United States District Court for the District of New 

19 Jersey, impersonating a package delivery driver, 

20 opening fire upon arrival, and killing Daniel Anderl, 

21 the 20-year-old only son of Judge Salas, and seri22 ously wounding Mark Anderl, her husband. 

23 (6) In the aftermath of the recent tragedy that 

24 occurred to Judge Salas and in response to the con25 tinuous rise of threats against members of the FedVerDate Sep 11 2014 03:13 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2340.RS S2340

pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 2340 RS

1 eral judiciary, there is an immediate need for en2 hanced security procedures and increased availability 

3 of tools to protect Federal judges and their families. 

4 SEC. 4. DEFINITIONS. 

5 In this Act: 

6 (1) AT-RISK INDIVIDUAL.—The term ‘‘at-risk 

7 individual’’ means— 

8 (A) a Federal judge; or 

9 (B) a senior, recalled, or retired Federal 

10 judge 

11 (2) DATA BROKER.— 

12 (A) IN GENERAL.—The term ‘‘data 

13 broker’’ means a business or commercial entity 

14 when it is engaged in collecting, assembling, or 

15 maintaining personal information concerning an 

16 individual who is not a customer, client, or an 

17 employee of that entity in order to sell the in18 formation or otherwise profit from providing 

19 third party access to the information. 

20 (B) EXCLUSION.—The following activities 

21 conducted by a business or commercial entity, 

22 and the collection and sale or licensing of per23 sonally identifiable information incidental to 

24 conducting these activities do not qualify the 

25 entity as a data broker: 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 2340 RS

1 (i) Engaging in reporting, newsga2 thering, speaking, or other activities in3 tended to inform the public on matters of 

4 public interest or public concern. 

5 (ii) Providing 411 directory assistance 

6 or directory information services, including 

7 name, address, and telephone number, on 

8 behalf of or as a function of a tele9 communications carrier. 

10 (iii) Utilizing personal information in11 ternally, providing access to businesses 

12 under common ownership or affiliated by 

13 corporate control, or selling or providing 

14 data for a transaction or service requested 

15 by or concerning the individual whose per16 sonal information is being transferred. 

17 (iv) Providing publicly available infor18 mation via real-time or near-real-time alert 

19 services for health or safety purposes. 

20 (v) A consumer reporting agency to 

21 the extent that it is covered by the Federal 

22 Fair Credit Reporting Act (15 U.S.C. 

23 1681 et seq.). 

24 (vi) A financial institution to the ex25 tent that it is covered by the GrammVerDate Sep 11 2014 03:13 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2340.RS S2340

pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 2340 RS

1 Leach-Bliley Act (Public Law 106–102) 

2 and implementing regulations. 

3 (vii) An entity to the extent that it is 

4 covered by the Health Insurance Port5 ability and Accountability Act (Public Law 

6 104–191). 

7 (3) FEDERAL JUDGE.—The term ‘‘Federal 

8 judge’’ means— 

9 (A) a justice or judge of the United States, 

10 as those terms are defined in section 451 of 

11 title 28, United States Code; 

12 (B) a bankruptcy judge appointed under 

13 section 152 of title 28, United States Code; 

14 (C) a United States magistrate judge ap15 pointed under section 631 of title 28, United 

16 States Code; 

17 (D) a judge confirmed by the United 

18 States Senate and empowered by statute in any 

19 commonwealth, territory, or possession to per20 form the duties of a Federal judge; and 

21 (E) a judge of the United States Court of 

22 Federal Claims appointed under section 171 of 

23 title 28, United States Code. 

24 (4) GOVERNMENT AGENCY.—The term ‘‘Gov25 ernment agency’’ means any department enumerated 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 2340 RS

1 in section 1 of title 5 of the United States Code, 

2 independent establishment, commission, administra3 tion, authority, board or bureau of the United States 

4 or any corporation in which the United States has 

5 a proprietary interest. The term includes all such in6 stitutions, offices, and any other bodies politic and 

7 corporate of the United States Government created 

8 by the constitution or statute, whether in the execu9 tive, judicial, or legislative branch; all units and cor10 porate outgrowths created by Executive order of the 

11 President or any constitutional officer, by the Su12 preme Court of the United States, or by resolution 

13 of the United States Congress. 

14 (5) IMMEDIATE FAMILY.—The term ‘‘immediate 

15 family’’ means a spouse, child, parent, or any other 

16 familial relative of an at-risk individual whose per17 manent residence is the same as the at-risk indi18 vidual. 

19 (6) PERSONALLY IDENTIFIABLE INFORMA20 TION.—The term ‘‘personally identifiable informa21 tion’’ means— 

22 (A) a home address, including primary res23 idence or secondary residences; 

24 (B) a home or personal mobile telephone 

25 number, or the direct telephone number of a 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 2340 RS

1 Government-issued cell phone or private exten2 sion in the chambers of an at-risk individual; 

3 (C) a personal email address; 

4 (D) the social security number, driver’s li5 cense number, or home address displayed on 

6 voter registration information; 

7 (E) a bank account or credit or debit card 

8 information; 

9 (F) home or other address displayed on 

10 property tax records or held by a Federal, 

11 State, or local government agency of an at-risk 

12 individual, including a secondary residence and 

13 any investment property at which an at-risk in14 dividual resides for part of a year; 

15 (G) license plate number or home address 

16 displayed on vehicle registration information; 

17 (H) identification of children of an at-risk 

18 individual under the age of 18; 

19 (I) full date of birth; 

20 (J) a photograph of any vehicle that legibly 

21 displays the license plate or a photograph of a 

22 residence that legibly displays the residence ad23 dress; 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 2340 RS

1 (K) the name and address of a school or 

2 day care facility attended by immediate family; 

3 or 

4 (L) the name and address of an employer 

5 of immediate family. 

6 (7) SOCIAL MEDIA.—The term ‘‘social media’’ 

7 means any online electronic medium, a live-chat sys8 tem, or an electronic dating service— 

9 (A) that primarily serves as a medium for 

10 users to interact with content generated by 

11 other third-party users of the medium; 

12 (B) that enables users to create accounts 

13 or profiles specific to the medium or to import 

14 profiles from another medium; and 

15 (C) that enables one or more users to gen16 erate content that can be viewed by other third17 party users of the medium. 

18 (8) TRANSFER.—The term ‘‘transfer’’ means to 

19 sell, license, trade, or exchange for consideration the 

20 personally identifiable information of an at-risk indi21 vidual or immediate family. 

22 SEC. 5. PROTECTING PERSONALLY IDENTIFIABLE INFOR23 MATION IN PUBLIC RECORDS. 

24 (a) GOVERNMENT AGENCIES.— 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 2340 RS

1 (1) IN GENERAL.—Each at-risk individual 

2 may— 

3 (A) file written notice of the status of the 

4 individual as an at-risk individual, for them5 selves and immediate family, to each Govern6 ment agency; and 

7 (B) ask each Government agency described 

8 in subparagraph (A) to mark as private their 

9 personally identifiable information and that of 

10 their immediate family. 

11 (2) NO PUBLIC POSTING.—Government agen12 cies shall not publicly post or display publicly avail13 able content that includes personally identifiable in14 formation of an at-risk individual or immediate fam15 ily. Government agencies, upon receipt of a written 

16 request in accordance with subsection (a)(1)(A) of 

17 this section, shall remove the personally identifiable 

18 information of the at-risk individual or immediate 

19 family from publicly available content within 72 

20 hours. 

21 (3) EXCEPTIONS.—Nothing in this section shall 

22 prohibit a Government agency from providing access 

23 to records containing judges’ personally identifiable 

24 information to a third party if the third party pos25 sesses a signed release from the judge or a court 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 2340 RS

1 order, the entity is already subject to the require2 ments of title V of the Gramm-Leach-Bliley Act (15 

3 U.S.C. 6801 et seq.), or the third party executes a 

4 confidentiality agreement with the Government agen5 cy. 

6 (b) STATE AND LOCAL GOVERNMENTS.— 

7 (1) GRANT PROGRAM TO PREVENT DISCLOSURE

8 OF PERSONAL INFORMATION OF AT-RISK INDIVID9 UALS OR IMMEDIATE FAMILY.— 

10 (A) AUTHORIZATION.—The Attorney Gen11 eral shall make grants to prevent the release of 

12 personally identifiable information of at-risk in13 dividuals and immediate family (in this sub14 section referred to as ‘‘judges’ personally identi15 fiable information’’) to the detriment of such 

16 individuals or their families to an entity that— 

17 (i) is— 

18 (I) a State or unit of local gov19 ernment (as such terms are defined in 

20 section 901 of the Omnibus Crime 

21 Control and Safe Streets Act of 1968 

22 (34 U.S.C. 10251)); or 

23 (II) an agency of a State or unit 

24 of local government; and 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 2340 RS

1 (ii) operates a State or local database 

2 or registry that contains personally identi3 fiable information. 

4 (B) APPLICATION.—An eligible entity seek5 ing a grant under this section shall submit to 

6 the Attorney General an application at such 

7 time, in such manner, and containing such in8 formation as the Attorney General may reason9 ably require. 

10 (2) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated such sums as 

12 may be necessary to provide grants to entities de13 scribed in paragraph (1) to create or expand pro14 grams designed to protect judges’ personally identifi15 able information, including through— 

16 (A) the creation of programs to redact or 

17 remove judges’ personally identifiable informa18 tion, upon the request of an at-risk individual, 

19 from public records in state agencies; these ef20 forts may include but are not limited to hiring 

21 a third party to redact or remove judges’ per22 sonally identifiable information from public 

23 records; 

24 (B) the expansion of existing programs 

25 that the State may have enacted in an effort to 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 2340 RS

1 protect judges’ personally identifiable informa2 tion; 

3 (C) the development or improvement of 

4 protocols, procedures, and policies to prevent 

5 the release of judges’ personally identifiable in6 formation; 

7 (D) the defrayment of costs of modifying 

8 or improving existing databases and registries 

9 to ensure that judges’ personally identifiable in10 formation is protected from release; and 

11 (E) the development of confidential opt out 

12 systems that will enable at-risk individuals to 

13 make a single request to keep judges’ personally 

14 identifiable information out of multiple data15 bases or registries. 

16 (3) REPORT.— 

17 (A) IN GENERAL.—Not later than 1 year 

18 after the date of enactment of this Act, and bi19 ennially thereafter, the Comptroller General of 

20 the United States, shall submit to the Com21 mittee on the Judiciary of the Senate and the 

22 Committee on the Judiciary of the House of 

23 Representatives an annual report that in24 cludes— 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 2340 RS

1 (i) a detailed amount spent by States 

2 and local governments on protection of 

3 judges’ personally identifiable information; 

4 and 

5 (ii) where the judges’ personally iden6 tifiable information was found. 

7 (B) STATES AND LOCAL GOVERNMENTS.— 

8 States and local governments that receive funds 

9 under this section shall submit to the Comp10 troller General a report on data described in 

11 clauses (i) and (ii) of subparagraph (A) to be 

12 included in the report required under that sub13 paragraph. 

14 (c) DATA BROKERS AND OTHER BUSINESSES.— 

15 (1) PROHIBITION.— 

16 (A) DATA BROKERS.—It shall be unlawful 

17 for a data broker to knowingly sell, license, 

18 trade for consideration, or purchase personally 

19 identifiable information of an at-risk individual 

20 or immediate family. 

21 (B) OTHER BUSINESSES.—No person, 

22 business, or association shall publicly post or 

23 publicly display on the internet personally iden24 tifiable information of an at-risk individual or 

25 immediate family if the at-risk individual has 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 2340 RS

1 made a written request of that person, business, 

2 or association to not disclose the personally 

3 identifiable information of the at-risk individual 

4 or immediate family. 

5 (C) EXCEPTIONS.—The restriction in sub6 paragraph (B) shall not apply to— 

7 (i) the display on the internet of the 

8 personally identifiable information of an 

9 at-risk individual or immediate family if 

10 the information is relevant to and dis11 played as part of a news story, com12 mentary, editorial, or other speech on a 

13 matter of public concern; 

14 (ii) personally identifiable information 

15 that the at-risk individual voluntarily pub16 lishes on the internet after the date of en17 actment of this Act; or 

18 (iii) personally identifiable information 

19 received from a Federal Government 

20 source (or from an employee or agent of 

21 the Federal Government). 

22 (2) REQUIRED CONDUCT.— 

23 (A) IN GENERAL.—After a person, busi24 ness, or association has received a written re25 quest from an at-risk individual to protect perVerDate Sep 11 2014 03:13 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\BILLS\S2340.RS S2340

pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 2340 RS

1 sonally identifiable information of the at-risk in2 dividual or immediate family, that person, busi3 ness, or association shall— 

4 (i) remove within 72 hours the per5 sonally identifiable information from the 

6 internet and ensure that the information is 

7 not made available on any website or sub8 sidiary website controlled by that person, 

9 business, or association; and 

10 (ii) ensure that the personally identifi11 able information of the at-risk individual 

12 or immediate family is not made available 

13 on any website or subsidiary website con14 trolled by that person, business, or associa15 tion. 

16 (B) TRANSFER.—After receiving an at-risk 

17 individual’s written request, no person, busi18 ness, or association shall transfer the personally 

19 identifiable information of the at-risk individual 

20 or immediate family to any other person, busi21 ness, or association through any medium, ex22 cept where the at-risk individual’s or immediate 

23 family member’s personally identifiable informa24 tion is relevant to and displayed as part of a 

25 news story, commentary, editorial, or other 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 2340 RS

1 speech on a matter of public concern. The re2 striction on transfer shall also not apply to per3 sonally identifiable information that the at-risk 

4 individual or immediate family voluntarily pub5 lishes on the internet after the date of enact6 ment of this Act. 

7 (d) DELEGATION OF AUTHORITY.— 

8 (1) IN GENERAL.—Upon written request of the 

9 at-risk individual, the Director of the Administrative 

10 Office of the United States Courts is authorized to 

11 make any notice or request required or authorized 

12 by this section on behalf of the at-risk individual. 

13 The Director may delegate this authority under sec14 tion 602(d) of title 28, United States Code. Any no15 tice or request made under this subsection shall be 

16 deemed to have been made by the at-risk individual 

17 and compliant with the notice and request require18 ments of this section. 

19 (2) LIST.—In lieu of individual notices or re20 quests, the Director may provide Government agen21 cies, State and local governments, data brokers, per22 sons, businesses, or associations with a list of at-risk 

23 individuals and their immediate family for the pur24 pose of maintaining compliance with this section. 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 2340 RS

1 Such list shall be deemed to comply with individual 

2 notice and request requirements of this section. 

3 (e) REDRESS AND PENALTIES.— 

4 (1) IN GENERAL.—An at-risk individual or im5 mediate family member whose personally identifiable 

6 information is made public as a result of a violation 

7 of this Act may bring an action seeking injunctive 

8 or declaratory relief in any court of competent juris9 diction. If the court grants injunctive or declaratory 

10 relief, the person, business, or association respon11 sible for the violation shall be required to pay the at12 risk individual’s or immediate family member’s costs 

13 and reasonable attorney’s fees. 

14 (2) PENALTIES AND DAMAGES.—Upon a know15 ing and willful violation of any order granting in16 junctive or declarative relief obtained pursuant to 

17 this subsection, the court issuing such order may— 

18 (A) if the violator is a public entity, impose 

19 a fine not exceeding $4,000 and require the 

20 payment of court costs and reasonable attor21 ney’s fees; 

22 (B) if the violator is a person, business, as23 sociation, or private agency, award damages to 

24 the affected at-risk individual or immediate 

25 family in an amount up to a maximum of 3 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 2340 RS

1 times the actual damages, but not less than 

2 $10,000, and require the payment of court 

3 costs and reasonable attorney’s fees. 

4 SEC. 6. TRAINING AND EDUCATION. 

5 There is authorized to be appropriated to the Federal 

6 judiciary such sums as may be necessary for biannual judi7 cial security training for active, senior, or recalled Federal 

8 judges and their immediate family, including— 

9 (1) best practices for using social media and 

10 other forms of online engagement and for maintain11 ing online privacy; 

12 (2) home security program and maintenance; 

13 (3) understanding removal programs and re14 quirements for personally identifiable information; 

15 (4) any other judicial security training that the 

16 United States Marshals Services and the Adminis17 trative Office of the United States Courts deter18 mines is relevant. 

19 SEC. 7. VULNERABILITY MANAGEMENT CAPABILITY. 

20 (a) AUTHORIZATION.— 

21 (1) VULNERABILITY MANAGEMENT CAPA22 BILITY.—The Federal judiciary is authorized to per23 form all necessary functions consistent with the pro24 visions of this Act, and to support existing threat 

25 management capabilities within the United States 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 2340 RS

1 Marshals Service and other relevant Federal law en2 forcement and security agencies. Such functions may 

3 include— 

4 (A) monitor the protection of at-risk indi5 viduals and judiciary assets; 

6 (B) manage the monitoring of websites for 

7 personally identifiable information of at-risk in8 dividuals or immediate family and remove or 

9 limit the publication of such information; and 

10 (C) receive, review, and analyze complaints 

11 by at-risk individuals of threats, whether direct 

12 or indirect, and report to law enforcement part13 ners. 

14 (2) TECHNICAL AND CONFORMING AMEND15 MENT.—Section 604(a) of title 28, United States 

16 Code is amended— 

17 (A) in paragraph (23), by striking ‘‘and’’ 

18 at the end; 

19 (B) by redesignating paragraph (24) as 

20 paragraph (25); 

21 (C) by inserting after paragraph 23 the 

22 following: 

23 ‘‘(24) Establish and administer a vulnerability 

24 management program in the judicial branch; and’’. 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 2340 RS

1 (b) EXPANSION OF CAPABILITIES OF OFFICE OF

2 PROTECTIVE INTELLIGENCE.—There is authorized to be 

3 appropriated such sums as may be necessary to the United 

4 States Marshals Service to expand the current capabilities 

5 of the Office of Protective Intelligence of the Judicial Se6 curity Division to increase the workforce of the Office of 

7 Protective Intelligence to include additional intelligence 

8 analysts, United States deputy marshals, and any other 

9 relevant personnel to ensure that the Office of Protective 

10 Intelligence is ready and able to perform all necessary 

11 functions, consistent with the provisions of this Act, in 

12 order to anticipate and deter threats to the judiciary, in13 cluding— 

14 (1) assigning personnel to State and major 

15 urban area fusion and intelligence centers for the 

16 specific purpose of identifying potential threats 

17 against the judiciary, and coordination of responses 

18 to potential threats. 

19 (2) expanding the use of investigative analysts, 

20 physical security specialists, and intelligence analysts 

21 at the 94 judicial districts and territories to enhance 

22 the management of local and distant threats and in23 vestigations; and 

24 (3) increasing the number of United States 

25 Marshal Service personnel for the protection of the 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 2340 RS

1 judicial function and assigned to protective oper2 ations and details for the judiciary. 

3 (c) REPORT.— 

4 (1) IN GENERAL.—Not later than one year 

5 after the date of enactment of this Act, the Depart6 ment of Justice, in consultation with the Adminis7 trative Office of the United States Courts, shall sub8 mit to the Committee on the Judiciary of the Senate 

9 and the Committee on the Judiciary of the House of 

10 Representatives a report on the security of Federal 

11 judges arising from the Federal prosecutions and 

12 civil litigation. 

13 (2) DESCRIPTION.—The report required under 

14 paragraph (1) shall describe— 

15 (A) the number and nature of threats and 

16 assaults against at-risk individuals handling 

17 prosecutions and other matters described in 

18 paragraph (1) and the reporting requirements 

19 and methods; 

20 (B) the security measures that are in place 

21 to protect the at-risk individuals handling pros22 ecutions described in paragraph (1), including 

23 threat assessments, response procedures, avail24 ability of security systems and other devices, 

25 firearms licensing such as deputations, and 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 2340 RS

1 other measures designed to protect the at-risk 

2 individuals and immediate family of an at-risk 

3 individual; and 

4 (C) for each requirement, measure, or pol5 icy described in subparagraphs (A) and (B), 

6 when the requirement, measure, or policy was 

7 developed and who was responsible for devel8 oping and implementing the requirement, meas9 ure, or policy. 

10 SEC. 8. SEVERABILITY. 

11 If any provision of this Act or the application of such 

12 provision to any person or circumstance is held to be un13 constitutional, the remainder of this Act and the applica14 tion of such provision to any person or circumstance shall 

15 not be affected thereby. 

16 SEC. 9. EFFECTIVE DATE. 

17 This Act shall take effect upon the date of enactment 

18 of this Act, except for subsections (b)(1), (c), and (e) of 

19 section 5, which shall take effect on the date that is 120 

20 days after the date of enactment of this Act. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Daniel Anderl Judicial 

23 Security and Privacy Act of 2021’’. 

24 SEC. 2. FINDINGS AND PURPOSE. 

25 (a) FINDINGS.—Congress finds the following: 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 2340 RS

1 (1) Members of the Federal judiciary perform the 

2 important function of interpreting the Constitution of 

3 the United States and administering justice in a fair 

4 and impartial manner. 

5 (2) In recent years, partially as a result of the 

6 rise in the use of social media and online access to 

7 information, members of the Federal judiciary have 

8 been exposed to an increased number of personal 

9 threats in connection to their role. The ease of access 

10 to free or inexpensive sources of covered information 

11 has considerably lowered the effort required for mali12 cious actors to discover where individuals live and 

13 where they spend leisure hours and to find informa14 tion about their family members. Such threats have 

15 included calling a judge a traitor with references to 

16 mass shootings and serial killings, calling for an 

17 ‘‘angry mob’’ to gather outside a home of a judge and, 

18 in reference to a judge on the court of appeals of the 

19 United States, stating how easy it would be to ‘‘get 

20 them’’. 

21 (3) Between 2015 and 2019, threats and other 

22 inappropriate communications against Federal judges 

23 and other judiciary personnel increased from 926 in 

24 2015 to approximately 4,449 in 2019. 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•S 2340 RS

1 (4) Over the past decade, several members of the 

2 Federal judiciary have experienced acts of violence 

3 against themselves or a family member in connection 

4 to their Federal judiciary role, including the murder 

5 in 2005 of the family of Joan Lefkow, a judge for the 

6 United States District Court for the Northern District 

7 of Illinois. 

8 (5) On Sunday July 19, 2020, an assailant went 

9 to the home of Esther Salas, a judge for the United 

10 States District Court for the District of New Jersey, 

11 impersonating a package delivery driver, opening fire 

12 upon arrival, and killing Daniel Anderl, the 20-year13 old only son of Judge Salas, and seriously wounding 

14 Mark Anderl, her husband. 

15 (6) In the aftermath of the recent tragedy that 

16 occurred to Judge Salas and in response to the con17 tinuous rise of threats against members of the Federal 

18 judiciary, there is an immediate need for enhanced 

19 security procedures and increased availability of tools 

20 to protect Federal judges and their families. 

21 (b) PURPOSE.—The purpose of this Act is to improve 

22 the safety and security of Federal judges, including senior, 

23 recalled, or retired Federal judges, and their immediate 

24 family to ensure Federal judges are able to administer jus25 tice fairly without fear of personal reprisal from individVerDate Sep 11 2014 03:13 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\S2340.RS S2340

pbinns on DSKJLVW7X2PROD with BILLS
27 

•S 2340 RS

1 uals affected by the decisions they make in the course of 

2 carrying out their public duties. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) AT-RISK INDIVIDUAL.—The term ‘‘at-risk in6 dividual’’ means— 

7 (A) a Federal judge; or 

8 (B) a senior, recalled, or retired Federal 

9 judge. 

10 (2) COVERED INFORMATION.—The term ‘‘covered 

11 information’’ means— 

12 (A) a home address, including primary res13 idence or secondary residences; 

14 (B) a home or personal mobile telephone 

15 number, or the direct telephone number of a Gov16 ernment-issued cell phone or private extension in 

17 the chambers of an at-risk individual; 

18 (C) a personal email address; 

19 (D) the social security number, driver’s li20 cense number, or home address displayed on 

21 voter registration information; 

22 (E) a bank account or credit or debit card 

23 information; 

24 (F) the home or other address displayed on 

25 property tax records or held by a Federal, State, 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•S 2340 RS

1 or local government agency of an at-risk indi2 vidual, including a secondary residence and any 

3 investment property at which an at-risk indi4 vidual resides for part of a year; 

5 (G) a license plate number or home address 

6 displayed on vehicle registration information; 

7 (H) the identification of children of an at8 risk individual under the age of 18; 

9 (I) the full date of birth; 

10 (J) a photograph of any vehicle that legibly 

11 displays the license plate or a photograph of a 

12 residence that legibly displays the address of the 

13 residence; 

14 (K) the name and address of a school or 

15 day care facility attended by immediate family; 

16 or 

17 (L) the name and address of an employer of 

18 immediate family. 

19 (3) DATA BROKER.— 

20 (A) IN GENERAL.—The term ‘‘data broker’’ 

21 means a commercial entity engaged in collecting, 

22 assembling, or maintaining personal informa23 tion concerning an individual who is not a cus24 tomer, client, or an employee of that entity in 

25 order to sell the information or otherwise profit 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•S 2340 RS

1 from providing third-party access to the infor2 mation. 

3 (B) EXCLUSION.—The term ‘‘data broker’’ 

4 does not include a commercial entity engaged in 

5 the following activities: 

6 (i) Engaging in reporting, news-gath7 ering, speaking, or other activities intended 

8 to inform the public on matters of public 

9 interest or public concern. 

10 (ii) Providing 411 directory assistance 

11 or directory information services, including 

12 name, address, and telephone number, on 

13 behalf of or as a function of a telecommuni14 cations carrier. 

15 (iii) Using personal information inter16 nally, providing access to businesses under 

17 common ownership or affiliated by cor18 porate control, or selling or providing data 

19 for a transaction or service requested by or 

20 concerning the individual whose personal 

21 information is being transferred. 

22 (iv) Providing publicly available infor23 mation via real-time or near-real-time alert 

24 services for health or safety purposes. 


pbinns on DSKJLVW7X2PROD with BILLS
30 

•S 2340 RS

1 (v) A consumer reporting agency sub2 ject to the Fair Credit Reporting Act (15 

3 U.S.C. 1681 et seq.). 

4 (vi) A financial institution to subject 

5 to the Gramm-Leach-Bliley Act (Public 

6 Law 106–102) and regulations imple7 menting that Act. 

8 (vii) A covered entity for purposes of 

9 the privacy regulations promulgated under 

10 section 264(c) of the Health Insurance Port11 ability and Accountability Act of 1996 (42 

12 U.S.C. 1320d-2 note). 

13 (viii) The collection and sale or licens14 ing of covered information incidental to 

15 conducting the activities described in 

16 clauses (i) through (vii). 

17 (4) FEDERAL JUDGE.—The term ‘‘Federal judge’’ 

18 means— 

19 (A) a justice of the United States or a judge 

20 of the United States, as those terms are defined 

21 in section 451 of title 28, United States Code; 

22 (B) a bankruptcy judge appointed under 

23 section 152 of title 28, United States Code; 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•S 2340 RS

1 (C) a United States magistrate judge ap2 pointed under section 631 of title 28, United 

3 States Code; 

4 (D) a judge confirmed by the United States 

5 Senate and empowered by statute in any com6 monwealth, territory, or possession to perform 

7 the duties of a Federal judge; 

8 (E) a judge of the United States Court of 

9 Federal Claims appointed under section 171 of 

10 title 28, United States Code; 

11 (F) a judge of the United States Court of 

12 Appeals for Veterans Claims appointed under 

13 section 7253 of title 38, United States Code; 

14 (G) a judge of the United States Court of 

15 Appeals for the Armed Forces appointed under 

16 section 942 of title 10, United States Code; 

17 (H) a judge of the United States Tax Court 

18 appointed under section 7443 of the Internal 

19 Revenue Code of 1986; and 

20 (I) a special trial judge of the United States 

21 Tax Court appointed under section 7443A of the 

22 Internal Revenue Code of 1986. 

23 (5) GOVERNMENT AGENCY.—The term ‘‘Govern24 ment agency’’ includes— 


pbinns on DSKJLVW7X2PROD with BILLS
32 

•S 2340 RS

1 (A) an Executive agency, as defined in sec2 tion 105 of title 5, United States Code; and 

3 (B) any agency in the judicial branch or 

4 legislative branch. 

5 (6) IMMEDIATE FAMILY.—The term ‘‘immediate 

6 family’’ means a spouse, child, or parent of an at-risk 

7 individual or any other familial relative of an at-risk 

8 individual whose permanent residence is the same as 

9 the at-risk individual. 

10 (7) SOCIAL MEDIA.—The term ‘‘social media’’ 

11 means any online electronic medium, a live-chat sys12 tem, or an electronic dating service— 

13 (A) that primarily serves as a medium for 

14 users to interact with content generated by other 

15 third-party users of the medium; 

16 (B) that enables users to create accounts or 

17 profiles specific to the medium or to import pro18 files from another medium; and 

19 (C) that enables one or more users to gen20 erate content that can be viewed by other third21 party users of the medium. 

22 (8) TRANSFER.—The term ‘‘transfer’’ means to 

23 sell, license, trade, or exchange for consideration the 

24 covered information of an at-risk individual or imme25 diate family. 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•S 2340 RS

1 SEC. 4. PROTECTING COVERED INFORMATION IN PUBLIC 

2 RECORDS. 

3 (a) GOVERNMENT AGENCIES.— 

4 (1) IN GENERAL.—Each at-risk individual 

5 may— 

6 (A) file written notice of the status of the 

7 individual as an at-risk individual, for them8 selves and immediate family, with each Govern9 ment agency that includes information necessary 

10 to ensure compliance with this section, as deter11 mined by the Administrative Office of the United 

12 States Courts; and 

13 (B) request that each Government agency 

14 described in subparagraph (A) mark as private 

15 their covered information and that of their im16 mediate family. 

17 (2) NO PUBLIC POSTING.—Government agencies 

18 shall not publicly post or display publicly available 

19 content that includes covered information of an at20 risk individual or immediate family. Government 

21 agencies, upon receipt of a written request under 

22 paragraph (1)(A), shall remove the covered informa23 tion of the at-risk individual or immediate family 

24 from publicly available content not later than 72 

25 hours after such receipt. 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•S 2340 RS

1 (3) EXCEPTIONS.—Nothing in this section shall 

2 prohibit a Government agency from providing access 

3 to records containing the covered information of a 

4 Federal judge to a third party if the third party— 

5 (A) possesses a signed release from the Fed6 eral judge or a court order; 

7 (B) is subject to the requirements of title V 

8 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 

9 et seq.); or 

10 (C) executes a confidentiality agreement 

11 with the Government agency. 

12 (b) DELEGATION OF AUTHORITY.— 

13 (1) IN GENERAL.— 

14 (A) ADMINISTRATIVE OFFICE OF THE

15 UNITED STATES COURTS.—Upon written request 

16 of an at-risk individual, the Director of the Ad17 ministrative Office of the United States Courts is 

18 authorized to make any notice or request re19 quired or authorized by this section on behalf of 

20 the at-risk individual. The notice or request shall 

21 include information necessary to ensure compli22 ance with this section, as determined by the Ad23 ministrative Office of the United States Courts. 

24 The Director may delegate this authority under 

25 section 602(d) of title 28, United States Code. 


pbinns on DSKJLVW7X2PROD with BILLS
35 

•S 2340 RS

1 Any notice or request made under this subsection 

2 shall be deemed to have been made by the at-risk 

3 individual and comply with the notice and re4 quest requirements of this section. 

5 (B) UNITED STATES COURT OF APPEALS

6 FOR VETERANS CLAIMS.—Upon written request 

7 of an at-risk individual described in section 

8 3(4)(F), the chief judge of the United States 

9 Court of Appeals for Veterans Claims is author10 ized to make any notice or request required or 

11 authorized by this section on behalf of the at-risk 

12 individual. Any notice or request made under 

13 this subsection shall be deemed to have been 

14 made by the at-risk individual and comply with 

15 the notice and request requirements of this sec16 tion. 

17 (C) UNITED STATES COURT OF APPEALS

18 FOR THE ARMED FORCES.—Upon written request 

19 of an at-risk individual described in section 

20 3(4)(G), the chief judge of the United States 

21 Court of Appeals for the Armed Forces is author22 ized to make any notice or request required or 

23 authorized by this section on behalf of the at-risk 

24 individual. Any notice or request made under 

25 this subsection shall be deemed to have been 


pbinns on DSKJLVW7X2PROD with BILLS
36 

•S 2340 RS

1 made by the at-risk individual and comply with 

2 the notice and request requirements of this sec3 tion. 

4 (D) UNITED STATES TAX COURT.—Upon 

5 written request of an at-risk individual described 

6 in subparagraph (H) or (I) of section 3(4), the 

7 chief judge of the United States Tax Court is au8 thorized to make any notice or request required 

9 or authorized by this section on behalf of the at10 risk individual. Any notice or request made 

11 under this subsection shall be deemed to have 

12 been made by the at-risk individual and comply 

13 with the notice and request requirements of this 

14 section. 

15 (2) LIST.—In lieu of individual notices or re16 quests, the Director of the Administrative Office of the 

17 United States Courts, or a Federal judge described in 

18 subparagraph (F), (G), (H), or (I) of section 3(4), as 

19 applicable, may provide Government agencies, State 

20 and local governments, data brokers, persons, busi21 nesses, or associations with a list of at-risk individ22 uals and their immediate family that includes infor23 mation necessary to ensure compliance with this sec24 tion, as determined by the Administrative Office of 

25 the United States Courts for the purpose of maintainVerDate Sep 11 2014 03:13 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\S2340.RS S2340

pbinns on DSKJLVW7X2PROD with BILLS
37 

•S 2340 RS

1 ing compliance with this section. Such list shall be 

2 deemed to comply with individual notice and request 

3 requirements of this section. 

4 (c) STATE AND LOCAL GOVERNMENTS.— 

5 (1) GRANT PROGRAM TO PREVENT DISCLOSURE

6 OF PERSONAL INFORMATION OF AT-RISK INDIVIDUALS

7 OR IMMEDIATE FAMILY.— 

8 (A) AUTHORIZATION.—The Attorney Gen9 eral may make grants to prevent the release of 

10 covered information of at-risk individuals and 

11 immediate family (in this subsection referred to 

12 as ‘‘judges’ covered information’’) to the det13 riment of such individuals or their families to 

14 an entity that— 

15 (i) is— 

16 (I) a State or unit of local govern17 ment, as defined in section 901 of title 

18 I of the Omnibus Crime Control and 

19 Safe Streets Act of 1968 (34 U.S.C. 

20 10251); or 

21 (II) an agency of a State or unit 

22 of local government; and 

23 (ii) operates a State or local database 

24 or registry that contains covered informa25 tion. 


pbinns on DSKJLVW7X2PROD with BILLS
38 

•S 2340 RS

1 (B) APPLICATION.—An entity seeking a 

2 grant under this section shall submit to the At3 torney General an application at such time, in 

4 such manner, and containing such information 

5 as the Attorney General may reasonably require. 

6 (2) SCOPE OF GRANTS.—Grants made under this 

7 subsection may be used to create or expand programs 

8 designed to protect judges’ covered information, in9 cluding through— 

10 (A) the creation of programs to redact or re11 move judges’ covered information, upon the re12 quest of an at-risk individual, from public 

13 records in State agencies, including hiring a 

14 third party to redact or remove judges’ covered 

15 information from public records; 

16 (B) the expansion of existing programs that 

17 the State may have enacted in an effort to pro18 tect judges’ covered information; 

19 (C) the development or improvement of pro20 tocols, procedures, and policies to prevent the re21 lease of judges’ covered information; 

22 (D) the defrayment of costs of modifying or 

23 improving existing databases and registries to 

24 ensure that judges’ covered information is cov25 ered from release; and 


pbinns on DSKJLVW7X2PROD with BILLS
39 

•S 2340 RS

1 (E) the development of confidential opt out 

2 systems that will enable at-risk individuals to 

3 make a single request to keep judges’ covered in4 formation out of multiple databases or registries. 

5 (3) REPORT.— 

6 (A) IN GENERAL.—Not later than 1 year 

7 after the date of enactment of this Act, and bien8 nially thereafter, the Comptroller General of the 

9 United States, shall submit to the Committee on 

10 the Judiciary of the Senate and the Committee 

11 on the Judiciary of the House of Representatives 

12 an annual report that includes— 

13 (i) a detailed amount spent by States 

14 and local governments on protecting judges’ 

15 covered information; 

16 (ii) where the judges’ covered informa17 tion was found; and 

18 (iii) the collection of any new types of 

19 personal data found to be used to identify 

20 judges who have received threats, including 

21 prior home addresses, employers, and insti22 tutional affiliations such as nonprofit 

23 boards. 

24 (B) STATES AND LOCAL GOVERNMENTS.— 

25 States and local governments that receive funds 


pbinns on DSKJLVW7X2PROD with BILLS
40 

•S 2340 RS

1 under this section shall submit to the Comp2 troller General of the United States a report on 

3 data described in clauses (i) and (ii) of subpara4 graph (A) to be included in the report required 

5 under that subparagraph. 

6 (d) DATA BROKERS AND OTHER BUSINESSES.— 

7 (1) PROHIBITIONS.— 

8 (A) DATA BROKERS.—It shall be unlawful 

9 for a data broker to knowingly sell, license, trade 

10 for consideration, or purchase covered informa11 tion of an at-risk individual or immediate fam12 ily. 

13 (B) OTHER BUSINESSES.— 

14 (i) IN GENERAL.—Except as provided 

15 in clause (ii), no person, business, or asso16 ciation shall publicly post or publicly dis17 play on the internet covered information of 

18 an at-risk individual or immediate family 

19 if the at-risk individual has made a written 

20 request to that person, business, or associa21 tion to not disclose the covered information 

22 of the at-risk individual or immediate fam23 ily. 

24 (ii) EXCEPTIONS.—Clause (i) shall not 

25 apply to— 


pbinns on DSKJLVW7X2PROD with BILLS
41 

•S 2340 RS

1 (I) the display on the internet of 

2 the covered information of an at-risk 

3 individual or immediate family if the 

4 information is relevant to and dis5 played as part of a news story, com6 mentary, editorial, or other speech on a 

7 matter of public concern; 

8 (II) covered information that the 

9 at-risk individual voluntarily pub10 lishes on the internet after the date of 

11 enactment of this Act; or 

12 (III) covered information received 

13 from a Federal Government source (or 

14 from an employee or agent of the Fed15 eral Government). 

16 (2) REQUIRED CONDUCT.— 

17 (A) IN GENERAL.—After receiving a written 

18 request under paragraph (1)(B), the person, 

19 business, or association shall— 

20 (i) remove within 72 hours the covered 

21 information from the internet and ensure 

22 that the information is not made available 

23 on any website or subsidiary website con24 trolled by that person, business, or associa25 tion; and 


pbinns on DSKJLVW7X2PROD with BILLS
42 

•S 2340 RS

1 (ii) ensure that the covered informa2 tion of the at-risk individual or immediate 

3 family is not made available on any website 

4 or subsidiary website controlled by that per5 son, business, or association. 

6 (B) TRANSFER.— 

7 (i) IN GENERAL.—Except as provided 

8 in clause (ii), after receiving a written re9 quest under paragraph (1)(B), the person, 

10 business, or association shall not transfer 

11 the covered information of the at-risk indi12 vidual or immediate family to any other 

13 person, business, or association through any 

14 medium. 

15 (ii) EXCEPTIONS.—Clause (i) shall not 

16 apply to— 

17 (I) the transfer of the covered in18 formation of the at-risk individual or 

19 immediate family if the information is 

20 relevant to and displayed as part of a 

21 news story, commentary, editorial, or 

22 other speech on a matter of public con23 cern; 

24 (II) covered information that the 

25 at-risk individual or immediate family 


pbinns on DSKJLVW7X2PROD with BILLS
43 

•S 2340 RS

1 voluntarily publishes on the internet 

2 after the date of enactment of this Act; 

3 or 

4 (III) a transfer made at the re5 quest of the at-risk individual or that 

6 is necessary to effectuate a request to 

7 the person, business, or association 

8 from the at-risk individual. 

9 (e) REDRESS AND PENALTIES.— 

10 (1) IN GENERAL.—An at-risk individual or their 

11 immediate family whose covered information is made 

12 public as a result of a violation of this Act may bring 

13 an action seeking injunctive or declaratory relief in 

14 any court of competent jurisdiction. If the court 

15 grants injunctive or declaratory relief, the person, 

16 business, or association responsible for the violation 

17 shall be required to pay the costs and reasonable at18 torney’s fees of the at-risk individual or immediate 

19 family, as applicable. 

20 (2) PENALTIES AND DAMAGES.—If a person, 

21 business, or association knowingly violates an order 

22 granting injunctive or declarative relief under para23 graph (1), the court issuing such order may— 

24 (A) if the person, business, or association is 

25 a government agency— 


pbinns on DSKJLVW7X2PROD with BILLS
44 

•S 2340 RS

1 (i) impose a fine not greater than 

2 $4,000; and 

3 (ii) award to the at-risk individual or 

4 their immediate family, as applicable, court 

5 costs and reasonable attorney’s fees; and 

6 (B) if the person, business, or association is 

7 not a government agency, award to the at-risk 

8 individual or their immediate family, as appli9 cable— 

10 (i) an amount equal to the actual dam11 ages sustained by the at-risk individual or 

12 their immediate family; and 

13 (ii) court costs and reasonable attor14 ney’s fees. 

15 SEC. 5. TRAINING AND EDUCATION. 

16 Amounts appropriated to the Federal judiciary for fis17 cal year 2022, and each fiscal year thereafter, may be used 

18 for biannual judicial security training for active, senior, 

19 or recalled Federal judges described in subparagraph (A), 

20 (B), (C), (D), or (E) of section 3(4) and their immediate 

21 family, including— 

22 (1) best practices for using social media and 

23 other forms of online engagement and for maintain24 ing online privacy; 

25 (2) home security program and maintenance; 


pbinns on DSKJLVW7X2PROD with BILLS
45 

•S 2340 RS

1 (3) understanding removal programs and re2 quirements for covered information; and 

3 (4) any other judicial security training that the 

4 United States Marshals Services and the Administra5 tive Office of the United States Courts determines is 

6 relevant. 

7 SEC. 6. VULNERABILITY MANAGEMENT CAPABILITY. 

8 (a) AUTHORIZATION.— 

9 (1) VULNERABILITY MANAGEMENT CAPABILITY.— 

10 The Federal judiciary is authorized to perform all 

11 necessary functions consistent with the provisions of 

12 this Act and to support existing threat management 

13 capabilities within the United States Marshals Serv14 ice and other relevant Federal law enforcement and 

15 security agencies for Federal judges described in sub16 paragraphs (A), (B), (C), (D), and (E) of section 

17 3(4), including— 

18 (A) monitoring the protection of at-risk in19 dividuals and judiciary assets; 

20 (B) managing the monitoring of websites 

21 for covered information of at-risk individuals or 

22 immediate family and remove or limit the publi23 cation of such information; 

24 (C) receiving, reviewing, and analyzing 

25 complaints by at-risk individuals of threats, 


pbinns on DSKJLVW7X2PROD with BILLS
46 

•S 2340 RS

1 whether direct or indirect, and report such 

2 threats to law enforcement partners; and 

3 (D) providing training described in section 

4 5. 

5 (2) VULNERABILITY MANAGEMENT FOR CERTAIN

6 ARTICLE I COURTS.—The functions and support au7 thorized in paragraph (1) shall be authorized as fol8 lows: 

9 (A) The chief judge of the United States 

10 Court of Appeals for Veterans Claims is author11 ized to perform such functions and support for 

12 the Federal judges described in section 3(4)(F). 

13 (B) The United States Court of Appeals for 

14 the Armed Forces is authorized to perform such 

15 functions and support for the Federal judges de16 scribed in section 3(4)(G). 

17 (C) The United States Tax Court is author18 ized to perform such functions and support for 

19 the Federal judges described in subparagraphs 

20 (H) and (I) of section 3(4). 

21 (3) TECHNICAL AND CONFORMING AMEND22 MENT.—Section 604(a) of title 28, United States Code 

23 is amended— 

24 (A) in paragraph (23), by striking ‘‘and’’ 

25 at the end; 


pbinns on DSKJLVW7X2PROD with BILLS
47 

•S 2340 RS

1 (B) by redesignating paragraph (24) as 

2 paragraph (25); and 

3 (C) by inserting after paragraph (23) the 

4 following: 

5 ‘‘(24) Establish and administer a vulnerability 

6 management program in the judicial branch; and’’. 

7 (b) EXPANSION OF CAPABILITIES OF OFFICE OF PRO8 TECTIVE INTELLIGENCE.—The United States Marshals 

9 Service is authorized to expand the current capabilities of 

10 the Office of Protective Intelligence of the Judicial Security 

11 Division to increase the workforce of the Office of Protective 

12 Intelligence to include additional intelligence analysts, 

13 United States deputy marshals, and any other relevant per14 sonnel to ensure that the Office of Protective Intelligence 

15 is ready and able to perform all necessary functions, con16 sistent with the provisions of this Act, in order to anticipate 

17 and deter threats to the judiciary, including— 

18 (1) assigning personnel to State and major 

19 urban area fusion and intelligence centers for the spe20 cific purpose of identifying potential threats against 

21 the judiciary and coordinating responses to such po22 tential threats; 

23 (2) expanding the use of investigative analysts, 

24 physical security specialists, and intelligence analysts 

25 at the 94 judicial districts and territories to enhance 


pbinns on DSKJLVW7X2PROD with BILLS
48 

•S 2340 RS

1 the management of local and distant threats and in2 vestigations; and 

3 (3) increasing the number of United States Mar4 shal Service personnel for the protection of the judi5 cial function and assigned to protective operations 

6 and details for the judiciary. 

7 (c) REPORT.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act, the Department of 

10 Justice, in consultation with the Administrative Of11 fice of the United States Courts, the United States 

12 Court of Appeals for Veterans Claims, the United 

13 States Court of Appeals for the Armed Forces, and the 

14 United States Tax Court, shall submit to the Com15 mittee on the Judiciary of the Senate and the Com16 mittee on the Judiciary of the House of Representa17 tives a report on the security of Federal judges aris18 ing from Federal prosecutions and civil litigation. 

19 (2) DESCRIPTION.—The report required under 

20 paragraph (1) shall describe— 

21 (A) the number and nature of threats and 

22 assaults against at-risk individuals handling 

23 prosecutions and other matters described in 

24 paragraph (1) and the reporting requirements 

25 and methods; 


pbinns on DSKJLVW7X2PROD with BILLS
49 

•S 2340 RS

1 (B) the security measures that are in place 

2 to protect at-risk individuals handling prosecu3 tions described in paragraph (1), including 

4 threat assessments, response procedures, the 

5 availability of security systems and other de6 vices, firearms licensing such as deputations, 

7 and other measures designed to protect the at8 risk individuals and their immediate family; 

9 and 

10 (C) for each requirement, measure, or policy 

11 described in subparagraphs (A) and (B), when 

12 the requirement, measure, or policy was devel13 oped and who was responsible for developing and 

14 implementing the requirement, measure, or pol15 icy. 

16 SEC. 7. RULES OF CONSTRUCTION. 

17 (a) IN GENERAL.—Nothing in this Act shall be con18 strued— 

19 (1) to prohibit, restrain, or limit— 

20 (A) the lawful investigation or reporting by 

21 the press of any unlawful activity or misconduct 

22 alleged to have been committed by an at-risk in23 dividual or their immediate family; or 


pbinns on DSKJLVW7X2PROD with BILLS
50 

•S 2340 RS

1 (B) the reporting on an at-risk individual 

2 or their immediate family regarding matters of 

3 public concern; 

4 (2) to impair access to decisions and opinions 

5 from a Federal judge in the course of carrying out 

6 their public functions; 

7 (3) to limit the publication or transfer of covered 

8 information that the at-risk individual or their im9 mediate family member voluntarily publishes on the 

10 internet after the date of enactment of this Act; or 

11 (4) to prohibit information sharing by a data 

12 broker to a Federal, State, Tribal, or local govern13 ment, or any unit thereof. 

14 (b) PROTECTION OF COVERED INFORMATION.—This 

15 Act shall be broadly construed to favor the protection of the 

16 covered information of at-risk individuals and their imme17 diate family. 

18 SEC. 8. SEVERABILITY. 

19 If any provision of this Act, an amendment made by 

20 this Act, or the application of such provision or amendment 

21 to any person or circumstance is held to be unconstitu22 tional, the remainder of this Act and the amendments made 

23 by this Act, and the application of the remaining provisions 

24 of this Act and amendments to any person or circumstance 

25 shall not be affected. 


pbinns on DSKJLVW7X2PROD with BILLS
51 

•S 2340 RS

1 SEC. 9. EFFECTIVE DATE. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b), this Act shall take effect on the date of enactment of 

4 this Act. 

5 (b) EXCEPTION.—Subsections (c)(1), (d), and (e) of 

6 section 4 shall take effect on the date that is 120 days after 

7 the date of enactment of this Act. 


pbinns on DSKJLVW7X2PROD with BILLS
Calendar No. 190 

117TH CONGRESS 

1ST SESSION S. 2340 

A BILL 

To improve the safety and security of the Federal 

judiciary. 

DECEMBER 16, 2021 

Reported with an amendment 


pbinns on DSKJLVW7X2PROD with BILLS