II 

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, and Mrs. FEINSTEIN) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

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’’. 

6 SEC. 2. PURPOSE; RULES OF CONSTRUCTION. 

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

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

9 recalled, or retired Federal judges, and their immediate 

10 family, to ensure Federal judges are able to administer 

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1 viduals affected by the decisions they make in the course 

2 of carrying out their public duties. 

3 (b) RULES OF CONSTRUCTION.— 

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

5 construed— 

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

7 (i) the lawful investigation or report8 ing by the press of any unlawful activity or 

9 misconduct alleged to have been committed 

10 by an at-risk individual or their immediate 

11 family; or 

12 (ii) the reporting on an at-risk indi13 vidual or their immediate family regarding 

14 matters of public concern; 

15 (B) to impair access to decisions and opin16 ions from a Federal judge in the course of car17 rying out their public functions; or 

18 (C) to limit the publication or transfer of 

19 personally identifiable information that the at20 risk individual or their immediate family mem21 ber voluntarily publishes on the internet after 

22 the date of enactment of this Act. 

23 (2) PROTECTION OF PERSONALLY IDENTIFI24 ABLE INFORMATION.—This Act shall be broadly con25 strued to favor the protection of the personally idenVerDate Sep 11 2014 23:39 Jul 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2340.IS S2340

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1 tifiable information of at-risk individuals and their 

2 immediate family. 

3 SEC. 3. FINDINGS. 

4 Congress finds the following: 

5 (1) Members of the Federal judiciary perform 

6 the important function of interpreting our Constitu7 tion and administering justice in a fair and impartial 

8 manner. 

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

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

11 information, members of the Federal judiciary have 

12 been exposed to an increased number of personal 

13 threats in connection to their role. The ease of ac14 cess to free or inexpensive sources of personally 

15 identifiable information has considerably lowered the 

16 effort required for malicious actors to discover where 

17 individuals live, where they spend leisure hours, and 

18 to find information about their family members. 

19 Such threats have included calling a judge a traitor 

20 with references to mass shootings and serial killings, 

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

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

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

24 to ‘‘get them.’’ 


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

2 inappropriate communications against Federal 

3 judges and other judiciary personnel increased from 

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

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

6 the Federal judiciary have experienced acts of vio7 lence against themselves or a family member in con8 nection to their Federal judiciary role, including the 

9 murder of the family of United States District 

10 Judge for the Northern District of Illinois Joan 

11 Lefkow in 2005. 

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

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

14 United States District Court for the District of New 

15 Jersey, impersonating a package delivery driver, 

16 opening fire upon arrival, and killing Daniel Anderl, 

17 the 20-year-old only son of Judge Salas, and seri18 ously wounding Mark Anderl, her husband. 

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

20 occurred to Judge Salas and in response to the con21 tinuous rise of threats against members of the Fed22 eral judiciary, there is an immediate need for en23 hanced security procedures and increased availability 

24 of tools to protect Federal judges and their families. 


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1 SEC. 4. DEFINITIONS. 

2 In this Act: 

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

4 individual’’ means— 

5 (A) a Federal judge; or 

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

7 judge 

8 (2) DATA BROKER.— 

9 (A) IN GENERAL.—The term ‘‘data 

10 broker’’ means a business or commercial entity 

11 when it is engaged in collecting, assembling, or 

12 maintaining personal information concerning an 

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

14 employee of that entity in order to sell the in15 formation or otherwise profit from providing 

16 third party access to the information. 

17 (B) EXCLUSION.—The following activities 

18 conducted by a business or commercial entity, 

19 and the collection and sale or licensing of per20 sonally identifiable information incidental to 

21 conducting these activities do not qualify the 

22 entity as a data broker: 

23 (i) Engaging in reporting, newsga24 thering, speaking, or other activities in25 tended to inform the public on matters of 

26 public interest or public concern. 


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1 (ii) Providing 411 directory assistance 

2 or directory information services, including 

3 name, address, and telephone number, on 

4 behalf of or as a function of a tele5 communications carrier. 

6 (iii) Utilizing personal information in7 ternally, providing access to businesses 

8 under common ownership or affiliated by 

9 corporate control, or selling or providing 

10 data for a transaction or service requested 

11 by or concerning the individual whose per12 sonal information is being transferred. 

13 (iv) Providing publicly available infor14 mation via real-time or near-real-time alert 

15 services for health or safety purposes. 

16 (v) A consumer reporting agency to 

17 the extent that it is covered by the Federal 

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

19 1681 et seq.). 

20 (vi) A financial institution to the ex21 tent that it is covered by the Gramm22 Leach-Bliley Act (Public Law 106–102) 

23 and implementing regulations. 

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

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1 ability and Accountability Act (Public Law 

2 104–191). 

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

4 judge’’ means— 

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

6 as those terms are defined in section 451 of 

7 title 28, United States Code; 

8 (B) a bankruptcy judge appointed under 

9 section 152 of title 28, United States Code; 

10 (C) a United States magistrate judge ap11 pointed under section 631 of title 28, United 

12 States Code; 

13 (D) a judge confirmed by the United 

14 States Senate and empowered by statute in any 

15 commonwealth, territory, or possession to per16 form the duties of a Federal judge; and 

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

18 Federal Claims appointed under section 171 of 

19 title 28, United States Code. 

20 (4) GOVERNMENT AGENCY.—The term ‘‘Gov21 ernment agency’’ means any department enumerated 

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

23 independent establishment, commission, administra24 tion, authority, board or bureau of the United States 

25 or any corporation in which the United States has 


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1 a proprietary interest. The term includes all such in2 stitutions, offices, and any other bodies politic and 

3 corporate of the United States Government created 

4 by the constitution or statute, whether in the execu5 tive, judicial, or legislative branch; all units and cor6 porate outgrowths created by Executive order of the 

7 President or any constitutional officer, by the Su8 preme Court of the United States, or by resolution 

9 of the United States Congress. 

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

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

12 familial relative of an at-risk individual whose per13 manent residence is the same as the at-risk indi14 vidual. 

15 (6) PERSONALLY IDENTIFIABLE INFORMA16 TION.—The term ‘‘personally identifiable informa17 tion’’ means— 

18 (A) a home address, including primary res19 idence or secondary residences; 

20 (B) a home or personal mobile telephone 

21 number, or the direct telephone number of a 

22 Government-issued cell phone or private exten23 sion in the chambers of an at-risk individual; 

24 (C) a personal email address; 


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1 (D) the social security number, driver’s li2 cense number, or home address displayed on 

3 voter registration information; 

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

5 information; 

6 (F) home or other address displayed on 

7 property tax records or held by a Federal, 

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

9 individual, including a secondary residence and 

10 any investment property at which an at-risk in11 dividual resides for part of a year; 

12 (G) license plate number or home address 

13 displayed on vehicle registration information; 

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

15 individual under the age of 18; 

16 (I) full date of birth; 

17 (J) a photograph of any vehicle that legibly 

18 displays the license plate or a photograph of a 

19 residence that legibly displays the residence ad20 dress; 

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

22 day care facility attended by immediate family; 

23 or 

24 (L) the name and address of an employer 

25 of immediate family. 


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

2 means any online electronic medium, a live-chat sys3 tem, or an electronic dating service— 

4 (A) that primarily serves as a medium for 

5 users to interact with content generated by 

6 other third-party users of the medium; 

7 (B) that enables users to create accounts 

8 or profiles specific to the medium or to import 

9 profiles from another medium; and 

10 (C) that enables one or more users to gen11 erate content that can be viewed by other third12 party users of the medium. 

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

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

15 personally identifiable information of an at-risk indi16 vidual or immediate family. 

17 SEC. 5. PROTECTING PERSONALLY IDENTIFIABLE INFOR18 MATION IN PUBLIC RECORDS. 

19 (a) GOVERNMENT AGENCIES.— 

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

21 may— 

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

23 individual as an at-risk individual, for them24 selves and immediate family, to each Govern25 ment agency; and 


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1 (B) ask each Government agency described 

2 in subparagraph (A) to mark as private their 

3 personally identifiable information and that of 

4 their immediate family. 

5 (2) NO PUBLIC POSTING.—Government agen6 cies shall not publicly post or display publicly avail7 able content that includes personally identifiable in8 formation of an at-risk individual or immediate fam9 ily. Government agencies, upon receipt of a written 

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

11 this section, shall remove the personally identifiable 

12 information of the at-risk individual or immediate 

13 family from publicly available content within 72 

14 hours. 

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

16 prohibit a Government agency from providing access 

17 to records containing judges’ personally identifiable 

18 information to a third party if the third party pos19 sesses a signed release from the judge or a court 

20 order, the entity is already subject to the require21 ments of title V of the Gramm-Leach-Bliley Act (15 

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

23 confidentiality agreement with the Government agen24 cy. 

25 (b) STATE AND LOCAL GOVERNMENTS.— 


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1 (1) GRANT PROGRAM TO PREVENT DISCLOSURE

2 OF PERSONAL INFORMATION OF AT-RISK INDIVID3 UALS OR IMMEDIATE FAMILY.— 

4 (A) AUTHORIZATION.—The Attorney Gen5 eral shall make grants to prevent the release of 

6 personally identifiable information of at-risk in7 dividuals and immediate family (in this sub8 section referred to as ‘‘judges’ personally identi9 fiable information’’) to the detriment of such 

10 individuals or their families to an entity that— 

11 (i) is— 

12 (I) a State or unit of local gov13 ernment (as such terms are defined in 

14 section 901 of the Omnibus Crime 

15 Control and Safe Streets Act of 1968 

16 (34 U.S.C. 10251)); or 

17 (II) an agency of a State or unit 

18 of local government; and 

19 (ii) operates a State or local database 

20 or registry that contains personally identi21 fiable information. 

22 (B) APPLICATION.—An eligible entity seek23 ing a grant under this section shall submit to 

24 the Attorney General an application at such 

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1 formation as the Attorney General may reason2 ably require. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated such sums as 

5 may be necessary to provide grants to entities de6 scribed in paragraph (1) to create or expand pro7 grams designed to protect judges’ personally identifi8 able information, including through— 

9 (A) the creation of programs to redact or 

10 remove judges’ personally identifiable informa11 tion, upon the request of an at-risk individual, 

12 from public records in state agencies; these ef13 forts may include but are not limited to hiring 

14 a third party to redact or remove judges’ per15 sonally identifiable information from public 

16 records; 

17 (B) the expansion of existing programs 

18 that the State may have enacted in an effort to 

19 protect judges’ personally identifiable informa20 tion; 

21 (C) the development or improvement of 

22 protocols, procedures, and policies to prevent 

23 the release of judges’ personally identifiable in24 formation; 


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1 (D) the defrayment of costs of modifying 

2 or improving existing databases and registries 

3 to ensure that judges’ personally identifiable in4 formation is protected from release; and 

5 (E) the development of confidential opt out 

6 systems that will enable at-risk individuals to 

7 make a single request to keep judges’ personally 

8 identifiable information out of multiple data9 bases or registries. 

10 (3) REPORT.— 

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

12 after the date of enactment of this Act, and bi13 ennially thereafter, the Comptroller General of 

14 the United States, shall submit to the Com15 mittee on the Judiciary of the Senate and the 

16 Committee on the Judiciary of the House of 

17 Representatives an annual report that in18 cludes— 

19 (i) a detailed amount spent by States 

20 and local governments on protection of 

21 judges’ personally identifiable information; 

22 and 

23 (ii) where the judges’ personally iden24 tifiable information was found. 


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1 (B) STATES AND LOCAL GOVERNMENTS.— 

2 States and local governments that receive funds 

3 under this section shall submit to the Comp4 troller General a report on data described in 

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

6 included in the report required under that sub7 paragraph. 

8 (c) DATA BROKERS AND OTHER BUSINESSES.— 

9 (1) PROHIBITION.— 

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

11 for a data broker to knowingly sell, license, 

12 trade for consideration, or purchase personally 

13 identifiable information of an at-risk individual 

14 or immediate family. 

15 (B) OTHER BUSINESSES.—No person, 

16 business, or association shall publicly post or 

17 publicly display on the internet personally iden18 tifiable information of an at-risk individual or 

19 immediate family if the at-risk individual has 

20 made a written request of that person, business, 

21 or association to not disclose the personally 

22 identifiable information of the at-risk individual 

23 or immediate family. 

24 (C) EXCEPTIONS.—The restriction in sub25 paragraph (B) shall not apply to— 


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1 (i) the display on the internet of the 

2 personally identifiable information of an 

3 at-risk individual or immediate family if 

4 the 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) personally identifiable information 

9 that the at-risk individual voluntarily pub10 lishes on the internet after the date of en11 actment of this Act; or 

12 (iii) personally identifiable information 

13 received from a Federal Government 

14 source (or from an employee or agent of 

15 the Federal Government). 

16 (2) REQUIRED CONDUCT.— 

17 (A) IN GENERAL.—After a person, busi18 ness, or association has received a written re19 quest from an at-risk individual to protect per20 sonally identifiable information of the at-risk in21 dividual or immediate family, that person, busi22 ness, or association shall— 

23 (i) remove within 72 hours the per24 sonally identifiable information from the 

25 internet and ensure that the information is 


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1 not made available on any website or sub2 sidiary website controlled by that person, 

3 business, or association; and 

4 (ii) ensure that the personally identifi5 able information of the at-risk individual 

6 or immediate family is not made available 

7 on any website or subsidiary website con8 trolled by that person, business, or associa9 tion. 

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

11 individual’s written request, no person, busi12 ness, or association shall transfer the personally 

13 identifiable information of the at-risk individual 

14 or immediate family to any other person, busi15 ness, or association through any medium, ex16 cept where the at-risk individual’s or immediate 

17 family member’s personally identifiable informa18 tion is relevant to and displayed as part of a 

19 news story, commentary, editorial, or other 

20 speech on a matter of public concern. The re21 striction on transfer shall also not apply to per22 sonally identifiable information that the at-risk 

23 individual or immediate family voluntarily pub24 lishes on the internet after the date of enact25 ment of this Act. 


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1 (d) DELEGATION OF AUTHORITY.— 

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

3 at-risk individual, the Director of the Administrative 

4 Office of the United States Courts is authorized to 

5 make any notice or request required or authorized 

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

7 The Director may delegate this authority under sec8 tion 602(d) of title 28, United States Code. Any no9 tice or request made under this subsection shall be 

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

11 and compliant with the notice and request require12 ments of this section. 

13 (2) LIST.—In lieu of individual notices or re14 quests, the Director may provide Government agen15 cies, State and local governments, data brokers, per16 sons, businesses, or associations with a list of at-risk 

17 individuals and their immediate family for the pur18 pose of maintaining compliance with this section. 

19 Such list shall be deemed to comply with individual 

20 notice and request requirements of this section. 

21 (e) REDRESS AND PENALTIES.— 

22 (1) IN GENERAL.—An at-risk individual or im23 mediate family member whose personally identifiable 

24 information is made public as a result of a violation 

25 of this Act may bring an action seeking injunctive 


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1 or declaratory relief in any court of competent juris2 diction. If the court grants injunctive or declaratory 

3 relief, the person, business, or association respon4 sible for the violation shall be required to pay the at5 risk individual’s or immediate family member’s costs 

6 and reasonable attorney’s fees. 

7 (2) PENALTIES AND DAMAGES.—Upon a know8 ing and willful violation of any order granting in9 junctive or declarative relief obtained pursuant to 

10 this subsection, the court issuing such order may— 

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

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

13 payment of court costs and reasonable attor14 ney’s fees; 

15 (B) if the violator is a person, business, as16 sociation, or private agency, award damages to 

17 the affected at-risk individual or immediate 

18 family in an amount up to a maximum of 3 

19 times the actual damages, but not less than 

20 $10,000, and require the payment of court 

21 costs and reasonable attorney’s fees. 

22 SEC. 6. TRAINING AND EDUCATION. 

23 There is authorized to be appropriated to the Federal 

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1 cial security training for active, senior, or recalled Federal 

2 judges and their immediate family, including— 

3 (1) best practices for using social media and 

4 other forms of online engagement and for maintain5 ing online privacy; 

6 (2) home security program and maintenance; 

7 (3) understanding removal programs and re8 quirements for personally identifiable information; 

9 (4) any other judicial security training that the 

10 United States Marshals Services and the Adminis11 trative Office of the United States Courts deter12 mines is relevant. 

13 SEC. 7. VULNERABILITY MANAGEMENT CAPABILITY. 

14 (a) AUTHORIZATION.— 

15 (1) VULNERABILITY MANAGEMENT CAPA16 BILITY.—The Federal judiciary is authorized to per17 form all necessary functions consistent with the pro18 visions of this Act, and to support existing threat 

19 management capabilities within the United States 

20 Marshals Service and other relevant Federal law en21 forcement and security agencies. Such functions may 

22 include— 

23 (A) monitor the protection of at-risk indi24 viduals and judiciary assets; 


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1 (B) manage the monitoring of websites for 

2 personally identifiable information of at-risk in3 dividuals or immediate family and remove or 

4 limit the publication of such information; and 

5 (C) receive, review, and analyze complaints 

6 by at-risk individuals of threats, whether direct 

7 or indirect, and report to law enforcement part8 ners. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—Section 604(a) of title 28, United States 

11 Code is amended— 

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

13 at the end; 

14 (B) by redesignating paragraph (24) as 

15 paragraph (25); 

16 (C) by inserting after paragraph 23 the 

17 following: 

18 ‘‘(24) Establish and administer a vulnerability 

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

20 (b) EXPANSION OF CAPABILITIES OF OFFICE OF

21 PROTECTIVE INTELLIGENCE.—There is authorized to be 

22 appropriated such sums as may be necessary to the United 

23 States Marshals Service to expand the current capabilities 

24 of the Office of Protective Intelligence of the Judicial Se25 curity Division to increase the workforce of the Office of 


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1 Protective Intelligence to include additional intelligence 

2 analysts, United States deputy marshals, and any other 

3 relevant personnel to ensure that the Office of Protective 

4 Intelligence is ready and able to perform all necessary 

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

6 order to anticipate and deter threats to the judiciary, in7 cluding— 

8 (1) assigning personnel to State and major 

9 urban area fusion and intelligence centers for the 

10 specific purpose of identifying potential threats 

11 against the judiciary, and coordination of responses 

12 to potential threats. 

13 (2) expanding the use of investigative analysts, 

14 physical security specialists, and intelligence analysts 

15 at the 94 judicial districts and territories to enhance 

16 the management of local and distant threats and in17 vestigations; and 

18 (3) increasing the number of United States 

19 Marshal Service personnel for the protection of the 

20 judicial function and assigned to protective oper21 ations and details for the judiciary. 

22 (c) REPORT.— 

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

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1 trative Office of the United States Courts, shall sub2 mit to the Committee on the Judiciary of the Senate 

3 and the Committee on the Judiciary of the House of 

4 Representatives a report on the security of Federal 

5 judges arising from the Federal prosecutions and 

6 civil litigation. 

7 (2) DESCRIPTION.—The report required under 

8 paragraph (1) shall describe— 

9 (A) the number and nature of threats and 

10 assaults against at-risk individuals handling 

11 prosecutions and other matters described in 

12 paragraph (1) and the reporting requirements 

13 and methods; 

14 (B) the security measures that are in place 

15 to protect the at-risk individuals handling pros16 ecutions described in paragraph (1), including 

17 threat assessments, response procedures, avail18 ability of security systems and other devices, 

19 firearms licensing such as deputations, and 

20 other measures designed to protect the at-risk 

21 individuals and immediate family of an at-risk 

22 individual; and 

23 (C) for each requirement, measure, or pol24 icy described in subparagraphs (A) and (B), 

25 when the requirement, measure, or policy was 


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1 developed and who was responsible for devel2 oping and implementing the requirement, meas3 ure, or policy. 

4 SEC. 8. SEVERABILITY. 

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

6 provision to any person or circumstance is held to be un7 constitutional, the remainder of this Act and the applica8 tion of such provision to any person or circumstance shall 

9 not be affected thereby. 

10 SEC. 9. EFFECTIVE DATE. 

11 This Act shall take effect upon the date of enactment 

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

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

14 days after the date of enactment of this Act. 

Æ 


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