Daniel Anderl Judicial Security and Privacy Act of 2021
Bill: S.2340 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: Government Operations and Politics

Summary:
Daniel Anderl Judicial Security and Privacy Act of 2021
This bill generally prohibits federal agencies and private businesses from publicly posting certain personal information (e.g., home addresses) of federal judges and their immediate family members. It also (1) requires information to be removed upon written request from the federal judge concerned, (2) prohibits data brokers from purchasing or selling such information, and (3) establishes programs to protect such information at the state and local level and to enhance security for judges.

To improve the safety and security of the Federal judiciary.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Daniel Anderl Judicial 
Security and Privacy Act of 2021''.</DELETED>

<DELETED>SEC. 2. PURPOSE; RULES OF CONSTRUCTION.</DELETED>

<DELETED>    (a) Purpose.--The purpose of this Act is to improve the 
safety and security of Federal judges, including senior, recalled, or 
retired Federal judges, and their immediate family, to ensure Federal 
judges are able to administer justice fairly without fear of personal 
reprisal from individuals affected by the decisions they make in the 
course of carrying out their public duties.</DELETED>
<DELETED>    (b) Rules of Construction.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this Act shall be 
        construed--</DELETED>
                <DELETED>    (A) to prohibit, restrain, or limit--
                </DELETED>
                        <DELETED>    (i) the lawful investigation or 
                        reporting by the press of any unlawful activity 
                        or misconduct alleged to have been committed by 
                        an at-risk individual or their immediate 
                        family; or</DELETED>
                        <DELETED>    (ii) the reporting on an at-risk 
                        individual or their immediate family regarding 
                        matters of public concern;</DELETED>
                <DELETED>    (B) to impair access to decisions and 
                opinions from a Federal judge in the course of carrying 
                out their public functions; or</DELETED>
                <DELETED>    (C) to limit the publication or transfer 
                of personally identifiable information that the at-risk 
                individual or their immediate family member voluntarily 
                publishes on the internet after the date of enactment 
                of this Act.</DELETED>
        <DELETED>    (2) Protection of personally identifiable 
        information.--This Act shall be broadly construed to favor the 
        protection of the personally identifiable information of at-
        risk individuals and their immediate family.</DELETED>

<DELETED>SEC. 3. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Members of the Federal judiciary perform the 
        important function of interpreting our Constitution and 
        administering justice in a fair and impartial manner.</DELETED>
        <DELETED>    (2) 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. The ease of access to free or inexpensive sources 
        of personally identifiable information has considerably lowered 
        the effort required for malicious actors to discover where 
        individuals live, where they spend leisure hours, and to find 
        information about their family members. Such threats have 
        included calling a judge a traitor with references to mass 
        shootings and serial killings, calling for an ``angry mob'' to 
        gather outside a judge's home and, in reference to a United 
        States courts of appeals judge, stating how easy it would be to 
        ``get them.''</DELETED>
        <DELETED>    (3) 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.</DELETED>
        <DELETED>    (4) 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.</DELETED>
        <DELETED>    (5) 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 only son of Judge Salas, and 
        seriously wounding Mark Anderl, her husband.</DELETED>
        <DELETED>    (6) 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.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) At-risk individual.--The term ``at-risk 
        individual'' means--</DELETED>
                <DELETED>    (A) a Federal judge; or</DELETED>
                <DELETED>    (B) a senior, recalled, or retired Federal 
                judge</DELETED>
        <DELETED>    (2) Data broker.--</DELETED>
                <DELETED>    (A) In general.--The term ``data broker'' 
                means a business or commercial entity when it is 
                engaged in collecting, assembling, or maintaining 
                personal information concerning an individual who is 
                not a customer, client, or an employee of that entity 
                in order to sell the information or otherwise profit 
                from providing third party access to the 
                information.</DELETED>
                <DELETED>    (B) Exclusion.--The following activities 
                conducted by a business or commercial entity, and the 
                collection and sale or licensing of personally 
                identifiable information incidental to conducting these 
                activities do not qualify the entity as a data 
                broker:</DELETED>
                        <DELETED>    (i) Engaging in reporting, 
                        newsgathering, speaking, or other activities 
                        intended to inform the public on matters of 
                        public interest or public concern.</DELETED>
                        <DELETED>    (ii) Providing 411 directory 
                        assistance or directory information services, 
                        including name, address, and telephone number, 
                        on behalf of or as a function of a 
                        telecommunications carrier.</DELETED>
                        <DELETED>    (iii) Utilizing personal 
                        information internally, providing access to 
                        businesses under common ownership or affiliated 
                        by corporate control, or selling or providing 
                        data for a transaction or service requested by 
                        or concerning the individual whose personal 
                        information is being transferred.</DELETED>
                        <DELETED>    (iv) Providing publicly available 
                        information via real-time or near-real-time 
                        alert services for health or safety 
                        purposes.</DELETED>
                        <DELETED>    (v) A consumer reporting agency to 
                        the extent that it is covered by the Federal 
                        Fair Credit Reporting Act (15 U.S.C. 1681 et 
                        seq.).</DELETED>
                        <DELETED>    (vi) A financial institution to 
                        the extent that it is covered by the Gramm-
                        Leach-Bliley Act (Public Law 106-102) and 
                        implementing regulations.</DELETED>
                        <DELETED>    (vii) An entity to the extent that 
                        it is covered by the Health Insurance 
                        Portability and Accountability Act (Public Law 
                        104-191).</DELETED>
        <DELETED>    (3) Federal judge.--The term ``Federal judge'' 
        means--</DELETED>
                <DELETED>    (A) a justice or judge of the United 
                States, as those terms are defined in section 451 of 
                title 28, United States Code;</DELETED>
                <DELETED>    (B) a bankruptcy judge appointed under 
                section 152 of title 28, United States Code;</DELETED>
                <DELETED>    (C) a United States magistrate judge 
                appointed under section 631 of title 28, United States 
                Code;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (E) a judge of the United States Court of 
                Federal Claims appointed under section 171 of title 28, 
                United States Code.</DELETED>
        <DELETED>    (4) 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.</DELETED>
        <DELETED>    (5) Immediate family.--The term ``immediate 
        family'' means a spouse, child, parent, or any other familial 
        relative of an at-risk individual whose permanent residence is 
        the same as the at-risk individual.</DELETED>
        <DELETED>    (6) Personally identifiable information.--The term 
        ``personally identifiable information'' means--</DELETED>
                <DELETED>    (A) a home address, including primary 
                residence or secondary residences;</DELETED>
                <DELETED>    (B) a home or personal mobile telephone 
                number, or the direct telephone number of a Government-
                issued cell phone or private extension in the chambers 
                of an at-risk individual;</DELETED>
                <DELETED>    (C) a personal email address;</DELETED>
                <DELETED>    (D) the social security number, driver's 
                license number, or home address displayed on voter 
                registration information;</DELETED>
                <DELETED>    (E) a bank account or credit or debit card 
                information;</DELETED>
                <DELETED>    (F) home or other address displayed on 
                property tax records or held by a Federal, State, or 
                local government agency of an at-risk individual, 
                including a secondary residence and any investment 
                property at which an at-risk individual resides for 
                part of a year;</DELETED>
                <DELETED>    (G) license plate number or home address 
                displayed on vehicle registration 
                information;</DELETED>
                <DELETED>    (H) identification of children of an at-
                risk individual under the age of 18;</DELETED>
                <DELETED>    (I) full date of birth;</DELETED>
                <DELETED>    (J) a photograph of any vehicle that 
                legibly displays the license plate or a photograph of a 
                residence that legibly displays the residence 
                address;</DELETED>
                <DELETED>    (K) the name and address of a school or 
                day care facility attended by immediate family; 
                or</DELETED>
                <DELETED>    (L) the name and address of an employer of 
                immediate family.</DELETED>
        <DELETED>    (7) Social media.--The term ``social media'' means 
        any online electronic medium, a live-chat system, or an 
        electronic dating service--</DELETED>
                <DELETED>    (A) that primarily serves as a medium for 
                users to interact with content generated by other 
                third-party users of the medium;</DELETED>
                <DELETED>    (B) that enables users to create accounts 
                or profiles specific to the medium or to import 
                profiles from another medium; and</DELETED>
                <DELETED>    (C) that enables one or more users to 
                generate content that can be viewed by other third-
                party users of the medium.</DELETED>
        <DELETED>    (8) Transfer.--The term ``transfer'' means to 
        sell, license, trade, or exchange for consideration the 
        personally identifiable information of an at-risk individual or 
        immediate family.</DELETED>

<DELETED>SEC. 5. PROTECTING PERSONALLY IDENTIFIABLE INFORMATION IN 
              PUBLIC RECORDS.</DELETED>

<DELETED>    (a) Government Agencies.--</DELETED>
        <DELETED>    (1) In general.--Each at-risk individual may--
        </DELETED>
                <DELETED>    (A) file written notice of the status of 
                the individual as an at-risk individual, for themselves 
                and immediate family, to each Government agency; 
                and</DELETED>
                <DELETED>    (B) ask each Government agency described 
                in subparagraph (A) to mark as private their personally 
                identifiable information and that of their immediate 
                family.</DELETED>
        <DELETED>    (2) No public posting.--Government agencies shall 
        not publicly post or display publicly available content that 
        includes personally identifiable information of an at-risk 
        individual or immediate family. Government agencies, upon 
        receipt of a written request in accordance with subsection 
        (a)(1)(A) of this section, shall remove the personally 
        identifiable information of the at-risk individual or immediate 
        family from publicly available content within 72 
        hours.</DELETED>
        <DELETED>    (3) Exceptions.--Nothing in this section shall 
        prohibit a Government agency from providing access to records 
        containing judges' personally identifiable information to a 
        third party if the third party possesses a signed release from 
        the judge or a court order, the entity is already subject to 
        the requirements of title V of the Gramm-Leach-Bliley Act (15 
        U.S.C. 6801 et seq.), or the third party executes a 
        confidentiality agreement with the Government agency.</DELETED>
<DELETED>    (b) State and Local Governments.--</DELETED>
        <DELETED>    (1) Grant program to prevent disclosure of 
        personal information of at-risk individuals or immediate 
        family.--</DELETED>
                <DELETED>    (A) Authorization.--The Attorney General 
                shall make grants to prevent the release of personally 
                identifiable information of at-risk individuals and 
                immediate family (in this subsection referred to as 
                ``judges' personally identifiable information'') to the 
                detriment of such individuals or their families to an 
                entity that--</DELETED>
                        <DELETED>    (i) is--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (II) an agency of a State 
                                or unit of local government; 
                                and</DELETED>
                        <DELETED>    (ii) operates a State or local 
                        database or registry that contains personally 
                        identifiable information.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the expansion of existing programs 
                that the State may have enacted in an effort to protect 
                judges' personally identifiable information;</DELETED>
                <DELETED>    (C) the development or improvement of 
                protocols, procedures, and policies to prevent the 
                release of judges' personally identifiable 
                information;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Report.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) a detailed amount spent by 
                        States and local governments on protection of 
                        judges' personally identifiable information; 
                        and</DELETED>
                        <DELETED>    (ii) where the judges' personally 
                        identifiable information was found.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Data Brokers and Other Businesses.--</DELETED>
        <DELETED>    (1) Prohibition.--</DELETED>
                <DELETED>    (A) Data brokers.--It shall be unlawful 
                for a data broker to knowingly sell, license, trade for 
                consideration, or purchase personally identifiable 
                information of an at-risk individual or immediate 
                family.</DELETED>
                <DELETED>    (B) Other businesses.--No person, 
                business, or association shall publicly post or 
                publicly display on the internet personally 
                identifiable information of an at-risk individual or 
                immediate family if the at-risk individual has made a 
                written request of that person, business, or 
                association to not disclose the personally identifiable 
                information of the at-risk individual or immediate 
                family.</DELETED>
                <DELETED>    (C) Exceptions.--The restriction in 
                subparagraph (B) shall not apply to--</DELETED>
                        <DELETED>    (i) the display on the internet of 
                        the personally identifiable information of an 
                        at-risk individual or immediate family if the 
                        information is relevant to and displayed as 
                        part of a news story, commentary, editorial, or 
                        other speech on a matter of public 
                        concern;</DELETED>
                        <DELETED>    (ii) personally identifiable 
                        information that the at-risk individual 
                        voluntarily publishes on the internet after the 
                        date of enactment of this Act; or</DELETED>
                        <DELETED>    (iii) personally identifiable 
                        information received from a Federal Government 
                        source (or from an employee or agent of the 
                        Federal Government).</DELETED>
        <DELETED>    (2) Required conduct.--</DELETED>
                <DELETED>    (A) In general.--After a person, business, 
                or association has received a written request from an 
                at-risk individual to protect personally identifiable 
                information of the at-risk individual or immediate 
                family, that person, business, or association shall--
                </DELETED>
                        <DELETED>    (i) remove within 72 hours the 
                        personally identifiable information from the 
                        internet and ensure that the information is not 
                        made available on any website or subsidiary 
                        website controlled by that person, business, or 
                        association; and</DELETED>
                        <DELETED>    (ii) ensure that the personally 
                        identifiable information of the at-risk 
                        individual or immediate family is not made 
                        available on any website or subsidiary website 
                        controlled by that person, business, or 
                        association.</DELETED>
                <DELETED>    (B) Transfer.--After receiving an at-risk 
                individual's written request, no person, business, or 
                association shall transfer the personally identifiable 
                information of the at-risk individual or immediate 
                family to any other person, business, or association 
                through any medium, except where the at-risk 
                individual's or immediate family member's personally 
                identifiable information is relevant to and displayed 
                as part of a news story, commentary, editorial, or 
                other speech on a matter of public concern. The 
                restriction on transfer shall also not apply to 
                personally identifiable information that the at-risk 
                individual or immediate family voluntarily publishes on 
                the internet after the date of enactment of this 
                Act.</DELETED>
<DELETED>    (d) Delegation of Authority.--</DELETED>
        <DELETED>    (1) In general.--Upon written request of the at-
        risk individual, the Director of the Administrative Office of 
        the United States Courts is authorized to make any notice or 
        request required or authorized by this section on behalf of the 
        at-risk individual. The Director may delegate this authority 
        under section 602(d) of title 28, United States Code. Any 
        notice or request made under this subsection shall be deemed to 
        have been made by the at-risk individual and compliant with the 
        notice and request requirements of this section.</DELETED>
        <DELETED>    (2) List.--In lieu of individual notices or 
        requests, the Director may provide Government agencies, State 
        and local governments, data brokers, persons, businesses, or 
        associations with a list of at-risk individuals and their 
        immediate family for the purpose of maintaining compliance with 
        this section. Such list shall be deemed to comply with 
        individual notice and request requirements of this 
        section.</DELETED>
<DELETED>    (e) Redress and Penalties.--</DELETED>
        <DELETED>    (1) In general.--An at-risk individual or 
        immediate family member whose 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 or immediate family member's 
        costs and reasonable attorney's fees.</DELETED>
        <DELETED>    (2) Penalties and damages.--Upon a knowing and 
        willful violation of any order granting injunctive or 
        declarative relief obtained pursuant to this subsection, the 
        court issuing such order may--</DELETED>
                <DELETED>    (A) if the violator is a public entity, 
                impose a fine not exceeding $4,000 and require the 
                payment of court costs and reasonable attorney's 
                fees;</DELETED>
                <DELETED>    (B) if the violator is a person, business, 
                association, or private agency, award damages to the 
                affected at-risk individual or immediate family in an 
                amount up to a maximum of 3 times the actual damages, 
                but not less than $10,000, and require the payment of 
                court costs and reasonable attorney's fees.</DELETED>

<DELETED>SEC. 6. TRAINING AND EDUCATION.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) best practices for using social media and 
        other forms of online engagement and for maintaining online 
        privacy;</DELETED>
        <DELETED>    (2) home security program and 
        maintenance;</DELETED>
        <DELETED>    (3) understanding removal programs and 
        requirements for personally identifiable information;</DELETED>
        <DELETED>    (4) any other judicial security training that the 
        United States Marshals Services and the Administrative Office 
        of the United States Courts determines is relevant.</DELETED>

<DELETED>SEC. 7. VULNERABILITY MANAGEMENT CAPABILITY.</DELETED>

<DELETED>    (a) Authorization.--</DELETED>
        <DELETED>    (1) Vulnerability management capability.--The 
        Federal judiciary is authorized to perform all necessary 
        functions consistent with the provisions of this Act, and to 
        support existing threat management capabilities within the 
        United States Marshals Service and other relevant Federal law 
        enforcement and security agencies. Such functions may include--
        </DELETED>
                <DELETED>    (A) monitor the protection of at-risk 
                individuals and judiciary assets;</DELETED>
                <DELETED>    (B) manage the monitoring of websites for 
                personally identifiable information of at-risk 
                individuals or immediate family and remove or limit the 
                publication of such information; and</DELETED>
                <DELETED>    (C) receive, review, and analyze 
                complaints by at-risk individuals of threats, whether 
                direct or indirect, and report to law enforcement 
                partners.</DELETED>
        <DELETED>    (2) Technical and conforming amendment.--Section 
        604(a) of title 28, United States Code is amended--</DELETED>
                <DELETED>    (A) in paragraph (23), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) by redesignating paragraph (24) as 
                paragraph (25);</DELETED>
                <DELETED>    (C) by inserting after paragraph 23 the 
                following:</DELETED>
        <DELETED>    ``(24) Establish and administer a vulnerability 
        management program in the judicial branch; and''.</DELETED>
<DELETED>    (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 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 
perform all necessary functions, consistent with the provisions of this 
Act, in order to anticipate and deter threats to the judiciary, 
including--</DELETED>
        <DELETED>    (1) assigning personnel to State and major urban 
        area fusion and intelligence centers for the specific purpose 
        of identifying potential threats against the judiciary, and 
        coordination of responses to potential threats.</DELETED>
        <DELETED>    (2) expanding the use of investigative analysts, 
        physical security specialists, and intelligence analysts at the 
        94 judicial districts and territories to enhance the management 
        of local and distant threats and investigations; and</DELETED>
        <DELETED>    (3) increasing the number of United States Marshal 
        Service personnel for the protection of the judicial function 
        and assigned to protective operations and details for the 
        judiciary.</DELETED>
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Description.--The report required under 
        paragraph (1) shall describe--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. SEVERABILITY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 9. EFFECTIVE DATE.</DELETED>

<DELETED>    This Act shall take effect upon the date of enactment of 
this Act, except for subsections (b)(1), (c), and (e) of section 5, 
which shall take effect on the date that is 120 days after the date of 
enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Daniel Anderl Judicial Security and 
Privacy Act of 2021''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Members of the Federal judiciary perform the important 
        function of interpreting the Constitution of the United States 
        and administering justice in a fair and impartial manner.
            (2) 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. The ease of access to free or inexpensive sources of 
        covered information has considerably lowered the effort 
        required for malicious actors to discover where individuals 
        live and where they spend leisure hours and to find information 
        about their family members. Such threats have included calling 
        a judge a traitor with references to mass shootings and serial 
        killings, calling for an ``angry mob'' to gather outside a home 
        of a judge and, in reference to a judge on the court of appeals 
        of the United States, stating how easy it would be to ``get 
        them''.
            (3) 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.
            (4) 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 in 2005 of the family of Joan 
        Lefkow, a judge for the United States District Court for the 
        Northern District of Illinois.
            (5) 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 only son of Judge Salas, and seriously 
        wounding Mark Anderl, her husband.
            (6) 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.
    (b) Purpose.--The purpose of this Act is to improve the safety and 
security of Federal judges, including senior, recalled, or retired 
Federal judges, and their immediate family to ensure Federal judges are 
able to administer justice fairly without fear of personal reprisal 
from individuals affected by the decisions they make in the course of 
carrying out their public duties.

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) Covered information.--The term ``covered information'' 
        means--
                    (A) a home address, including primary residence or 
                secondary residences;
                    (B) a home or personal mobile telephone number, or 
                the direct telephone number of a Government-issued cell 
                phone or private extension in the chambers of an at-
                risk individual;
                    (C) a personal email address;
                    (D) the social security number, driver's license 
                number, or home address displayed on voter registration 
                information;
                    (E) a bank account or credit or debit card 
                information;
                    (F) the home or other address displayed on property 
                tax records or held by a Federal, State, or local 
                government agency of an at-risk individual, including a 
                secondary residence and any investment property at 
                which an at-risk individual resides for part of a year;
                    (G) a license plate number or home address 
                displayed on vehicle registration information;
                    (H) the identification of children of an at-risk 
                individual under the age of 18;
                    (I) the full date of birth;
                    (J) a photograph of any vehicle that legibly 
                displays the license plate or a photograph of a 
                residence that legibly displays the address of the 
                residence;
                    (K) the name and address of a school or day care 
                facility attended by immediate family; or
                    (L) the name and address of an employer of 
                immediate family.
            (3) Data broker.--
                    (A) In general.--The term ``data broker'' means a 
                commercial entity engaged in collecting, assembling, or 
                maintaining personal information concerning an 
                individual who is not a customer, client, or an 
                employee of that entity in order to sell the 
                information or otherwise profit from providing third-
                party access to the information.
                    (B) Exclusion.--The term ``data broker'' does not 
                include a commercial entity engaged in the following 
                activities:
                            (i) Engaging in reporting, news-gathering, 
                        speaking, or other activities intended to 
                        inform the public on matters of public interest 
                        or public concern.
                            (ii) Providing 411 directory assistance or 
                        directory information services, including name, 
                        address, and telephone number, on behalf of or 
                        as a function of a telecommunications carrier.
                            (iii) Using personal information 
                        internally, providing access to businesses 
                        under common ownership or affiliated by 
                        corporate control, or selling or providing data 
                        for a transaction or service requested by or 
                        concerning the individual whose personal 
                        information is being transferred.
                            (iv) Providing publicly available 
                        information via real-time or near-real-time 
                        alert services for health or safety purposes.
                            (v) A consumer reporting agency subject to 
                        the Fair Credit Reporting Act (15 U.S.C. 1681 
                        et seq.).
                            (vi) A financial institution to subject to 
                        the Gramm-Leach-Bliley Act (Public Law 106-102) 
                        and regulations implementing that Act.
                            (vii) A covered entity for purposes of the 
                        privacy regulations promulgated under section 
                        264(c) of the Health Insurance Portability and 
                        Accountability Act of 1996 (42 U.S.C. 1320d-2 
                        note).
                            (viii) The collection and sale or licensing 
                        of covered information incidental to conducting 
                        the activities described in clauses (i) through 
                        (vii).
            (4) Federal judge.--The term ``Federal judge'' means--
                    (A) a justice of the United States or a 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;
                    (E) a judge of the United States Court of Federal 
                Claims appointed under section 171 of title 28, United 
                States Code;
                    (F) a judge of the United States Court of Appeals 
                for Veterans Claims appointed under section 7253 of 
                title 38, United States Code;
                    (G) a judge of the United States Court of Appeals 
                for the Armed Forces appointed under section 942 of 
                title 10, United States Code;
                    (H) a judge of the United States Tax Court 
                appointed under section 7443 of the Internal Revenue 
                Code of 1986; and
                    (I) a special trial judge of the United States Tax 
                Court appointed under section 7443A of the Internal 
                Revenue Code of 1986.
            (5) Government agency.--The term ``Government agency'' 
        includes--
                    (A) an Executive agency, as defined in section 105 
                of title 5, United States Code; and
                    (B) any agency in the judicial branch or 
                legislative branch.
            (6) Immediate family.--The term ``immediate family'' means 
        a spouse, child, or parent of an at-risk individual or any 
        other familial relative of an at-risk individual whose 
        permanent residence is the same as the at-risk individual.
            (7) 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.
            (8) Transfer.--The term ``transfer'' means to sell, 
        license, trade, or exchange for consideration the covered 
        information of an at-risk individual or immediate family.

SEC. 4. PROTECTING COVERED 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, with each Government agency that 
                includes information necessary to ensure compliance 
                with this section, as determined by the Administrative 
                Office of the United States Courts; and
                    (B) request that each Government agency described 
                in subparagraph (A) mark as private their covered 
                information and that of their immediate family.
            (2) No public posting.--Government agencies shall not 
        publicly post or display publicly available content that 
        includes covered information of an at-risk individual or 
        immediate family. Government agencies, upon receipt of a 
        written request under paragraph (1)(A), shall remove the 
        covered information of the at-risk individual or immediate 
        family from publicly available content not later than 72 hours 
        after such receipt.
            (3) Exceptions.--Nothing in this section shall prohibit a 
        Government agency from providing access to records containing 
        the covered information of a Federal judge to a third party if 
        the third party--
                    (A) possesses a signed release from the Federal 
                judge or a court order;
                    (B) is subject to the requirements of title V of 
                the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
                    (C) executes a confidentiality agreement with the 
                Government agency.
    (b) Delegation of Authority.--
            (1) In general.--
                    (A) Administrative office of the united states 
                courts.--Upon written request of an at-risk individual, 
                the Director of the Administrative Office of the United 
                States Courts is authorized to make any notice or 
                request required or authorized by this section on 
                behalf of the at-risk individual. The notice or request 
                shall include information necessary to ensure 
                compliance with this section, as determined by the 
                Administrative Office of the United States Courts. The 
                Director may delegate this authority under section 
                602(d) of title 28, United States Code. Any notice or 
                request made under this subsection shall be deemed to 
                have been made by the at-risk individual and comply 
                with the notice and request requirements of this 
                section.
                    (B) United states court of appeals for veterans 
                claims.--Upon written request of an at-risk individual 
                described in section 3(4)(F), the chief judge of the 
                United States Court of Appeals for Veterans Claims is 
                authorized to make any notice or request required or 
                authorized by this section on behalf of the at-risk 
                individual. Any notice or request made under this 
                subsection shall be deemed to have been made by the at-
                risk individual and comply with the notice and request 
                requirements of this section.
                    (C) United states court of appeals for the armed 
                forces.--Upon written request of an at-risk individual 
                described in section 3(4)(G), the chief judge of the 
                United States Court of Appeals for the Armed Forces is 
                authorized to make any notice or request required or 
                authorized by this section on behalf of the at-risk 
                individual. Any notice or request made under this 
                subsection shall be deemed to have been made by the at-
                risk individual and comply with the notice and request 
                requirements of this section.
                    (D) United states tax court.--Upon written request 
                of an at-risk individual described in subparagraph (H) 
                or (I) of section 3(4), the chief judge of the United 
                States Tax Court is authorized to make any notice or 
                request required or authorized by this section on 
                behalf of the at-risk individual. Any notice or request 
                made under this subsection shall be deemed to have been 
                made by the at-risk individual and comply with the 
                notice and request requirements of this section.
            (2) List.--In lieu of individual notices or requests, the 
        Director of the Administrative Office of the United States 
        Courts, or a Federal judge described in subparagraph (F), (G), 
        (H), or (I) of section 3(4), as applicable, may provide 
        Government agencies, State and local governments, data brokers, 
        persons, businesses, or associations with a list of at-risk 
        individuals and their immediate family that includes 
        information necessary to ensure compliance with this section, 
        as determined by the Administrative Office of the United States 
        Courts for the purpose of maintaining compliance with this 
        section. Such list shall be deemed to comply with individual 
        notice and request requirements of this section.
    (c) State and Local Governments.--
            (1) Grant program to prevent disclosure of personal 
        information of at-risk individuals or immediate family.--
                    (A) Authorization.--The Attorney General may make 
                grants to prevent the release of covered information of 
                at-risk individuals and immediate family (in this 
                subsection referred to as ``judges' covered 
                information'') to the detriment of such individuals or 
                their families to an entity that--
                            (i) is--
                                    (I) a State or unit of local 
                                government, as defined in section 901 
                                of title I 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; and
                            (ii) operates a State or local database or 
                        registry that contains covered information.
                    (B) Application.--An 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) Scope of grants.--Grants made under this subsection may 
        be used to create or expand programs designed to protect 
        judges' covered information, including through--
                    (A) the creation of programs to redact or remove 
                judges' covered information, upon the request of an at-
                risk individual, from public records in State agencies, 
                including hiring a third party to redact or remove 
                judges' covered information from public records;
                    (B) the expansion of existing programs that the 
                State may have enacted in an effort to protect judges' 
                covered information;
                    (C) the development or improvement of protocols, 
                procedures, and policies to prevent the release of 
                judges' covered information;
                    (D) the defrayment of costs of modifying or 
                improving existing databases and registries to ensure 
                that judges' covered information is covered 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' covered 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 protecting judges' covered 
                        information;
                            (ii) where the judges' covered information 
                        was found; and
                            (iii) the collection of any new types of 
                        personal data found to be used to identify 
                        judges who have received threats, including 
                        prior home addresses, employers, and 
                        institutional affiliations such as nonprofit 
                        boards.
                    (B) States and local governments.--States and local 
                governments that receive funds under this section shall 
                submit to the Comptroller General of the United States 
                a report on data described in clauses (i) and (ii) of 
                subparagraph (A) to be included in the report required 
                under that subparagraph.
    (d) Data Brokers and Other Businesses.--
            (1) Prohibitions.--
                    (A) Data brokers.--It shall be unlawful for a data 
                broker to knowingly sell, license, trade for 
                consideration, or purchase covered information of an 
                at-risk individual or immediate family.
                    (B) Other businesses.--
                            (i) In general.--Except as provided in 
                        clause (ii), no person, business, or 
                        association shall publicly post or publicly 
                        display on the internet covered information of 
                        an at-risk individual or immediate family if 
                        the at-risk individual has made a written 
                        request to that person, business, or 
                        association to not disclose the covered 
                        information of the at-risk individual or 
                        immediate family.
                            (ii) Exceptions.--Clause (i) shall not 
                        apply to--
                                    (I) the display on the internet of 
                                the covered information of an at-risk 
                                individual or immediate family if the 
                                information is relevant to and 
                                displayed as part of a news story, 
                                commentary, editorial, or other speech 
                                on a matter of public concern;
                                    (II) covered information that the 
                                at-risk individual voluntarily 
                                publishes on the internet after the 
                                date of enactment of this Act; or
                                    (III) covered information received 
                                from a Federal Government source (or 
                                from an employee or agent of the 
                                Federal Government).
            (2) Required conduct.--
                    (A) In general.--After receiving a written request 
                under paragraph (1)(B), the person, business, or 
                association shall--
                            (i) remove within 72 hours the covered 
                        information from the internet and ensure that 
                        the information is not made available on any 
                        website or subsidiary website controlled by 
                        that person, business, or association; and
                            (ii) ensure that the covered information of 
                        the at-risk individual or immediate family is 
                        not made available on any website or subsidiary 
                        website controlled by that person, business, or 
                        association.
                    (B) Transfer.--
                            (i) In general.--Except as provided in 
                        clause (ii), after receiving a written request 
                        under paragraph (1)(B), the person, business, 
                        or association shall not transfer the covered 
                        information of the at-risk individual or 
                        immediate family to any other person, business, 
                        or association through any medium.
                            (ii) Exceptions.--Clause (i) shall not 
                        apply to--
                                    (I) the transfer of the covered 
                                information of the at-risk individual 
                                or immediate family if the information 
                                is relevant to and displayed as part of 
                                a news story, commentary, editorial, or 
                                other speech on a matter of public 
                                concern;
                                    (II) covered information that the 
                                at-risk individual or immediate family 
                                voluntarily publishes on the internet 
                                after the date of enactment of this 
                                Act; or
                                    (III) a transfer made at the 
                                request of the at-risk individual or 
                                that is necessary to effectuate a 
                                request to the person, business, or 
                                association from the at-risk 
                                individual.
    (e) Redress and Penalties.--
            (1) In general.--An at-risk individual or their immediate 
        family whose covered 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 costs and reasonable attorney's 
        fees of the at-risk individual or immediate family, as 
        applicable.
            (2) Penalties and damages.--If a person, business, or 
        association knowingly violates an order granting injunctive or 
        declarative relief under paragraph (1), the court issuing such 
        order may--
                    (A) if the person, business, or association is a 
                government agency--
                            (i) impose a fine not greater than $4,000; 
                        and
                            (ii) award to the at-risk individual or 
                        their immediate family, as applicable, court 
                        costs and reasonable attorney's fees; and
                    (B) if the person, business, or association is not 
                a government agency, award to the at-risk individual or 
                their immediate family, as applicable--
                            (i) an amount equal to the actual damages 
                        sustained by the at-risk individual or their 
                        immediate family; and
                            (ii) court costs and reasonable attorney's 
                        fees.

SEC. 5. TRAINING AND EDUCATION.

    Amounts appropriated to the Federal judiciary for fiscal year 2022, 
and each fiscal year thereafter, may be used for biannual judicial 
security training for active, senior, or recalled Federal judges 
described in subparagraph (A), (B), (C), (D), or (E) of section 3(4) 
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 
        covered information; and
            (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. 6. VULNERABILITY MANAGEMENT CAPABILITY.

    (a) Authorization.--
            (1) Vulnerability management capability.--The Federal 
        judiciary is authorized to perform all necessary functions 
        consistent with the provisions of this Act and to support 
        existing threat management capabilities within the United 
        States Marshals Service and other relevant Federal law 
        enforcement and security agencies for Federal judges described 
        in subparagraphs (A), (B), (C), (D), and (E) of section 3(4), 
        including--
                    (A) monitoring the protection of at-risk 
                individuals and judiciary assets;
                    (B) managing the monitoring of websites for covered 
                information of at-risk individuals or immediate family 
                and remove or limit the publication of such 
                information;
                    (C) receiving, reviewing, and analyzing complaints 
                by at-risk individuals of threats, whether direct or 
                indirect, and report such threats to law enforcement 
                partners; and
                    (D) providing training described in section 5.
            (2) Vulnerability management for certain article i 
        courts.--The functions and support authorized in paragraph (1) 
        shall be authorized as follows:
                    (A) The chief judge of the United States Court of 
                Appeals for Veterans Claims is authorized to perform 
                such functions and support for the Federal judges 
                described in section 3(4)(F).
                    (B) The United States Court of Appeals for the 
                Armed Forces is authorized to perform such functions 
                and support for the Federal judges described in section 
                3(4)(G).
                    (C) The United States Tax Court is authorized to 
                perform such functions and support for the Federal 
                judges described in subparagraphs (H) and (I) of 
                section 3(4).
            (3) Technical and conforming amendment.--Section 604(a) of 
        title 28, United States Code is amended--
                    (A) in paragraph (23), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (24) as paragraph 
                (25); and
                    (C) by inserting after paragraph (23) the 
                following:
            ``(24) Establish and administer a vulnerability management 
        program in the judicial branch; and''.
    (b) Expansion of Capabilities of Office of Protective 
Intelligence.--The United States Marshals Service is authorized to 
expand the current capabilities of the Office of Protective 
Intelligence of the Judicial Security Division to 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 perform all necessary functions, 
consistent with the provisions of this Act, in order to anticipate and 
deter threats to the judiciary, including--
            (1) assigning personnel to State and major urban area 
        fusion and intelligence centers for the specific purpose of 
        identifying potential threats against the judiciary and 
        coordinating responses to such potential threats;
            (2) expanding the use of investigative analysts, physical 
        security specialists, and intelligence analysts at the 94 
        judicial districts and territories to enhance the management of 
        local and distant threats and investigations; and
            (3) increasing the number of United States Marshal Service 
        personnel for the protection of the judicial function and 
        assigned to protective operations and details for the 
        judiciary.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Department of Justice, in 
        consultation with the Administrative Office of the United 
        States Courts, the United States Court of Appeals for Veterans 
        Claims, the United States Court of Appeals for the Armed 
        Forces, and the United States Tax Court, 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 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 at-risk individuals handling prosecutions 
                described in paragraph (1), including threat 
                assessments, response procedures, the availability of 
                security systems and other devices, firearms licensing 
                such as deputations, and other measures designed to 
                protect the at-risk individuals and their immediate 
                family; 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. 7. RULES OF CONSTRUCTION.

    (a) In General.--Nothing in this Act shall be construed--
            (1) to prohibit, restrain, or limit--
                    (A) the lawful investigation or reporting by the 
                press of any unlawful activity or misconduct alleged to 
                have been committed by an at-risk individual or their 
                immediate family; or
                    (B) the reporting on an at-risk individual or their 
                immediate family regarding matters of public concern;
            (2) to impair access to decisions and opinions from a 
        Federal judge in the course of carrying out their public 
        functions;
            (3) to limit the publication or transfer of covered 
        information that the at-risk individual or their immediate 
        family member voluntarily publishes on the internet after the 
        date of enactment of this Act; or
            (4) to prohibit information sharing by a data broker to a 
        Federal, State, Tribal, or local government, or any unit 
        thereof.
    (b) Protection of Covered Information.--This Act shall be broadly 
construed to favor the protection of the covered information of at-risk 
individuals and their immediate family.

SEC. 8. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act 
and the amendments made by this Act, and the application of the 
remaining provisions of this Act and amendments to any person or 
circumstance shall not be affected.

SEC. 9. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act 
shall take effect on the date of enactment of this Act.
    (b) Exception.--Subsections (c)(1), (d), and (e) of section 4 shall 
take effect on the date that is 120 days after the date of enactment of 
this Act.
                                                       Calendar No. 190

117th CONGRESS

  1st Session

                                S. 2340

_______________________________________________________________________