[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5471-S5473]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5962. Mr. MENENDEZ (for himself, Mr. Booker, Mr. Blumenthal, Mr. 
Coons, Mr. Brown, Mr. Durbin, Ms. Hassan, Mrs. Feinstein, Mr. Casey, 
and Mr. Kaine) submitted an amendment intended to be proposed by him to 
the bill H.R. 7900, to authorize appropriations for fiscal year 2023 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE _____--JUDICIAL SECURITY AND PRIVACY

     SEC. __01. SHORT TITLE.

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

     SEC. __02. 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, a murder attempt on a justice 
     of the Supreme Court of the United States, 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 title is to improve the 
     safety and security of Federal judges, including senior, 
     recalled, or retired Federal judges, and their immediate 
     family members 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. __03. DEFINITIONS.

       In this title:
       (1) At-risk individual.--The term ``at-risk individual'' 
     means--
       (A) a Federal judge;
       (B) a senior, recalled, or retired Federal judge;
       (C) any individual who is the spouse, parent, sibling, or 
     child of an individual described in subparagraph (A) or (B);
       (D) any individual to whom an individual described in 
     subparagraph (A) or (B) stands in loco parentis; or
       (E) any other individual living in the household of an 
     individual described in subparagraph (A) or (B).
       (2) Covered information.--The term ``covered 
     information''--
       (A) means--
       (i) a home address, including primary residence or 
     secondary residences;
       (ii) a home or personal mobile telephone number;
       (iii) a personal email address;
       (iv) a social security number or driver's license number;
       (v) a bank account or credit or debit card information;
       (vi) a license plate number or other unique identifiers of 
     a vehicle owned, leased, or regularly used by an at-risk 
     individual;
       (vii) the identification of children of an at-risk 
     individual under the age of 18;
       (viii) the full date of birth;
       (ix) information regarding current or future school or day 
     care attendance, including the name or address of the school 
     or day care, schedules of attendance, or routes taken to or 
     from the school or day care by an at-risk individual; or
       (x) information regarding the employment location of an at-
     risk individual, including the name or address of the 
     employer, employment schedules, or routes taken to or from 
     the employer by an at-risk individual; and
       (B) does not include information regarding employment with 
     a Government agency.
       (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 title.
       (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;

[[Page S5472]]

       (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 member.--The term ``immediate family 
     member'' means--
       (A) any individual who is the spouse, parent, sibling, or 
     child of an at-risk individual;
       (B) any individual to whom an at-risk individual stands in 
     loco parentis; or
       (C) any other individual living in the household of an at-
     risk individual.
       (7) Transfer.--The term ``transfer'' means to sell, 
     license, trade, or exchange for consideration the covered 
     information of an at-risk individual or immediate family 
     member.

     SEC. __04. 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 
     members, 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 members.
       (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 member. 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 member 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.--An at-risk individual may directly, or 
     through an agent designated by the at-risk individual, 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.
       (2) Authorization of government agencies to make 
     requests.--
       (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 __03(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 __03(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 __03(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.
       (c) State and Local Governments.--
       (1) Grant program to prevent disclosure of personal 
     information of at-risk individuals or immediate family 
     members.--
       (A) Authorization.--The Attorney General may make grants to 
     prevent the release of covered information of at-risk 
     individuals and immediate family members (in this subsection 
     referred to as ``judges' covered information'') to the 
     detriment of such individuals or their immediate family 
     members 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 
     subsection 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 subsection 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 members.
       (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 member if the at-risk 
     individual has made a written request to that person, 
     business, or association not to disclose the covered 
     information of the at-risk individual or immediate family 
     member.
       (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 member 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--

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       (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 member 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 member 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 member 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 member 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) Civil Action.-- An at-risk individual or their 
     immediate family member whose covered information is made 
     public as a result of a violation of this section may bring 
     an action seeking injunctive or declaratory relief in any 
     court of competent jurisdiction.

     SEC. __05. 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 __03(4) and their immediate 
     family members, 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. __06. 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 title 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 __03(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 and immediate family 
     members 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 __05.
       (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 
     __03(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 __03(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 __03(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.--
       (1) In general.--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 title, in 
     order to anticipate and deter threats to the Federal 
     judiciary, including--
       (A) assigning personnel to State and major urban area 
     fusion and intelligence centers for the specific purpose of 
     identifying potential threats against the Federal judiciary 
     and coordinating responses to such potential threats;
       (B) 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
       (C) increasing the number of United States Marshal Service 
     personnel for the protection of the Federal judicial function 
     and assigned to protective operations and details for the 
     Federal judiciary.
       (2) Information sharing.--If any of the activities of the 
     United States Marshals Service uncover information related to 
     threats to individuals other than Federal judges, the United 
     States Marshals Service shall, to the maximum extent 
     practicable, share such information with the appropriate 
     Federal, State, and local law enforcement agencies.
       (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 
     members; 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.
       (3) Public posting.--The report described in paragraph (1) 
     shall, in whole or in part, be exempt from public disclosure 
     if the Attorney General determines that such public 
     disclosure could endanger an at-risk individual.

     SEC. __07. RULES OF CONSTRUCTION.

       (a) In General.--Nothing in this title 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 
     member; or
       (B) the reporting on an at-risk individual or their 
     immediate family member 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 with the written consent of the at-risk 
     individual or their immediate family member; 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 title shall be 
     broadly construed to favor the protection of the covered 
     information of at-risk individuals and their immediate family 
     members.

     SEC. __08. SEVERABILITY.

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

     SEC. __09. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     title shall take effect on the date of enactment of this Act.
       (b) Exception.--Subsections (c)(1), (d), and (e) of section 
     __04 shall take effect on the date that is 120 days after the 
     date of enactment of this Act.
                                 ______