[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--
[[Page S5473]]
(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.
______