,,ii #aagth ,,congress #ast ,session ,s4 #bcdj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ad1 #bjba,mr4 ,menendez 7for himself1 ,mr4 ,booker1 ,mr4 ,graham1 ,mr4 ,durbin1 ,mr4 ,kennedy1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve the safety and security of the ,federal judiciary4 #a4 ,short title ,this ,act may be cited as the ,daniel ,anderl ,judicial ,security and ,privacy ,act of #bjba4 #b4 ,purpose2 rules of construction 7a7 ,purpose ,the purpose of this ,act is to improve the safety and security of ,federal judges1 including senior1 recalled1 or retired ,federal judges1 and their immediate family1 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 duties4 7b7 ,rules of construction 7#a7 ,in general ,nothing in this ,act shall be construed-- 7,a7 to prohibit1 restrain1 or limit-- 7i7 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 family2 or 7ii7 the reporting on an at-risk individual or their immediate family regarding matters of public concern2 7,b7 to impair access to decisions and opinions from a ,federal judge in the course of carrying out their public functions2 or 7,c7 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 ,act4 7#b7 ,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 family4 #c4 ,findings ,congress finds the following3 7#a7 ,members of the ,federal judiciary perform the important function of interpreting our ,constitution and administering justice in a fair and impartial manner4 7#b7 ,in recent years1 partially as a result of the rise in the use of social media and online access to information1 members of the ,federal judiciary have been exposed to an increased number of personal threats in connection to their role4 ,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 live1 where they spend leisure hours1 and to find information about their family members4 ,such threats have included calling a judge a traitor with references to mass shootings and serial killings1 calling for an angry mob to gather outside a judge's home and1 in reference to a ,united ,states courts of appeals judge1 stating how easy it would be to get them4 7#c7 ,between #bjae and #bjai1 threats and other inappropriate communications against ,federal judges and other judiciary personnel increased from #ibf in #bjae to approximately #d1ddi in #bjai4 7#d7 ,over the past decade1 several members of the ,federal judiciary have experienced acts of violence against themselves or a family member in connection to their ,federal judiciary role1 including the murder of the family of ,united ,states ,district ,judge for the ,northern ,district of ,illinois ,joan ,lefkow in #bjje4 7#e7 ,on ,sunday ,july #ai1 #bjbj1 an assailant went to the home of ,esther ,salas1 a judge for the ,united ,states ,district ,court for the ,district of ,new ,jersey1 impersonating a package delivery driver1 opening fire upon arrival1 and killing ,daniel ,anderl1 the #bj-year-old only son of ,judge ,salas1 and seriously wounding ,mark ,anderl1 her husband4 7#f7 ,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 judiciary1 there is an immediate need for enhanced security procedures and increased availability of tools to protect ,federal judges and their families4 #d4 ,definitions ,in this ,act3 7#a7 ,at-risk individual ,the term at-risk individual means-- 7,a7 a ,federal judge2 or 7,b7 a senior1 recalled1 or retired ,federal judge 7#b7 ,data broker 7,a7 ,in general ,the term data broker means a business or commercial entity when it is engaged in collecting1 assembling1 or maintaining personal information concerning an individual who is not a customer1 client1 or an employee of that entity in order to sell the information or otherwise profit from providing third party access to the information4 7,b7 ,exclusion ,the following activities conducted by a business or commercial entity1 and the collection and sale or licensing of personally identifiable information incidental to conducting these activities do not qualify the entity as a data broker3 7i7 ,engaging in reporting1 newsgathering1 speaking1 or other activities intended to inform the public on matters of public interest or public concern4 7ii7 ,providing #daa directory assistance or directory information services1 including name1 address1 and telephone number1 on behalf of or as a function of a telecommunications carrier4 7iii7 ,utilizing personal information internally1 providing access to businesses under common ownership or affiliated by corporate control1 or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred4 7iv7 ,providing publicly available information via real-time or near-real-time alert services for health or safety purposes4 7v7 ,a consumer reporting agency to the extent that it is covered by the ,federal ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq474 7vi7 ,a financial institution to the extent that it is covered by the ,gramm-,leach-,bliley ,act 7,public ,law #ajf-ajb7 and implementing regulations4 7vii7 ,an entity to the extent that it is covered by the ,health ,insurance ,portability and ,accountability ,act 7,public ,law #ajd-aia74 7#c7 ,federal judge ,the term ,federal judge means-- 7,a7 a justice or judge of the ,united ,states1 as those terms are defined in section #dea of title #bh1 ,united ,states ,code2 7,b7 a bankruptcy judge appointed under section #aeb of title #bh1 ,united ,states ,code2 7,c7 a ,united ,states magistrate judge appointed under section #fca of title #bh1 ,united ,states ,code2 7,d7 a judge confirmed by the ,united ,states ,senate and empowered by statute in any commonwealth1 territory1 or possession to perform the duties of a ,federal judge2 and 7,e7 a judge of the ,united ,states ,court of ,federal ,claims appointed under section #aga of title #bh1 ,united ,states ,code4 7#d7 ,government agency ,the term ,government agency means any department enumerated in section #a of title #e of the ,united ,states ,code1 independent establishment1 commission1 administration1 authority1 board or bureau of the ,united ,states or any corporation in which the ,united ,states has a proprietary interest4 ,the term includes all such institutions1 offices1 and any other bodies politic and corporate of the ,united ,states ,government created by the constitution or statute1 whether in the executive1 judicial1 or legislative branch2 all units and corporate outgrowths created by ,executive order of the ,president or any constitutional officer1 by the ,supreme ,court of the ,united ,states1 or by resolution of the ,united ,states ,congress4 7#e7 ,immediate family ,the term immediate family means a spouse1 child1 parent1 or any other familial relative of an at-risk individual whose permanent residence is the same as the at-risk individual4 7#f7 ,personally identifiable information ,the term personally identifiable information means-- 7,a7 a home address1 including primary residence or secondary residences2 7,b7 a home or personal mobile telephone number1 or the direct telephone number of a ,government-issued cell phone or private extension in the chambers of an at-risk individual2 7,c7 a personal email address2 7,d7 the social security number1 driver's license number1 or home address displayed on voter registration information2 7,e7 a bank account or credit or debit card information2 7,f7 home or other address displayed on property tax records or held by a ,federal1 ,state1 or local government agency of an at-risk individual1 including a secondary residence and any investment property at which an at-risk individual resides for part of a year2 7,g7 license plate number or home address displayed on vehicle registration information2 7,h7 identification of children of an at-risk individual under the age of #ah2 7,i7 full date of birth2 7,j7 a photograph of any vehicle that legibly displays the license plate or a photograph of a residence that legibly displays the residence address2 7,k7 the name and address of a school or day care facility attended by immediate family2 or 7,l7 the name and address of an employer of immediate family4 7#g7 ,social media ,the term social media means any online electronic medium1 a live-chat system1 or an electronic dating service-- 7,a7 that primarily serves as a medium for users to interact with content generated by other third-party users of the medium2 7,b7 that enables users to create accounts or profiles specific to the medium or to import profiles from another medium2 and 7,c7 that enables one or more users to generate content that can be viewed by other third-party users of the medium4 7#h7 ,transfer ,the term transfer means to sell1 license1 trade1 or exchange for consideration the personally identifiable information of an at-risk individual or immediate family4 #e4 ,protecting personally identifiable information in public records 7a7 ,government agencies 7#a7 ,in general ,each at-risk individual may-- 7,a7 file written notice of the status of the individual as an at-risk individual1 for themselves and immediate family1 to each ,government agency2 and 7,b7 ask each ,government agency described in subparagraph 7,a7 to mark as private their personally identifiable information and that of their immediate family4 7#b7 ,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 family4 ,government agencies1 upon receipt of a written request in accordance with subsection 7a77#a77;,a7 of this section1 shall remove the personally identifiable information of the at-risk individual or immediate family from publicly available content within #gb hours4 7#c7 ,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 order1 the entity is already subject to the requirements of title ,v of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhja et seq471 or the third party executes a confidentiality agreement with the ,government agency4 7b7 ,state and local governments 7#a7 ,grant program to prevent disclosure of personal information of at-risk individuals or immediate family 7,a7 ,authorization ,the ,attorney ,general shall make grants to prevent the release of personally identifiable information of at-risk individuals and immediate family 7in this subsection referred to as judges' personally identifiable information7 to the detriment of such individuals or their families to an entity that-- 7i7 is-- 7,i7 a ,state or unit of local government 7as such terms are defined in section #ija of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea772 or 7,,ii7 an agency of a ,state or unit of local government2 and 7ii7 operates a ,state or local database or registry that contains personally identifiable information4 7,b7 ,application ,an eligible entity seeking a grant under this section shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to provide grants to entities described in paragraph 7#a7 to create or expand programs designed to protect judges' personally identifiable information1 including through-- 7,a7 the creation of programs to redact or remove judges' personally identifiable information1 upon the request of an at-risk individual1 from public records in state agencies2 these efforts may include but are not limited to hiring a third party to redact or remove judges' personally identifiable information from public records2 7,b7 the expansion of existing programs that the ,state may have enacted in an effort to protect judges' personally identifiable information2 7,c7 the development or improvement of protocols1 procedures1 and policies to prevent the release of judges' personally identifiable information2 7,d7 the defrayment of costs of modifying or improving existing databases and registries to ensure that judges' personally identifiable information is protected from release2 and 7,e7 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 registries4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and biennially thereafter1 the ,comptroller ,general of the ,united ,states1 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-- 7i7 a detailed amount spent by ,states and local governments on protection of judges' personally identifiable information2 and 7ii7 where the judges' personally identifiable information was found4 7,b7 ,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 7i7 and 7ii7 of subparagraph 7,a7 to be included in the report required under that subparagraph4 7c7 ,data brokers and other businesses 7#a7 ,prohibition 7,a7 ,data brokers ,it shall be unlawful for a data broker to knowingly sell1 license1 trade for consideration1 or purchase personally identifiable information of an at-risk individual or immediate family4 7,b7 ,other businesses ,no person1 business1 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 person1 business1 or association to not disclose the personally identifiable information of the at-risk individual or immediate family4 7,c7 ,exceptions ,the restriction in subparagraph 7,b7 shall not apply to-- 7i7 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 story1 commentary1 editorial1 or other speech on a matter of public concern2 7ii7 personally identifiable information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this ,act2 or 7iii7 personally identifiable information received from a ,federal ,government source 7or from an employee or agent of the ,federal ,government74 7#b7 ,required conduct 7,a7 ,in general ,after a person1 business1 or association has received a written request from an at-risk individual to protect personally identifiable information of the at-risk individual or immediate family1 that person1 business1 or association shall-- 7i7 remove within #gb 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 person1 business1 or association2 and 7ii7 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 person1 business1 or association4 7,b7 ,transfer ,after receiving an at-risk individual's written request1 no person1 business1 or association shall transfer the personally identifiable information of the at-risk individual or immediate family to any other person1 business1 or association through any medium1 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 story1 commentary1 editorial1 or other speech on a matter of public concern4 ,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 ,act4 7d7 ,delegation of authority 7#a7 ,in general ,upon written request of the at-risk individual1 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 individual4 ,the ,director may delegate this authority under section #fjb7;d7 of title #bh1 ,united ,states ,code4 ,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 section4 7#b7 ,list ,in lieu of individual notices or requests1 the ,director may provide ,government agencies1 ,state and local governments1 data brokers1 persons1 businesses1 or associations with a list of at-risk individuals and their immediate family for the purpose of maintaining compliance with this section4 ,such list shall be deemed to comply with individual notice and request requirements of this section4 7e7 ,redress and penalties 7#a7 ,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 jurisdiction4 ,if the court grants injunctive or declaratory relief1 the person1 business1 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 fees4 7#b7 ,penalties and damages ,upon a knowing and willful violation of any order granting injunctive or declarative relief obtained pursuant to this subsection1 the court issuing such order may-- 7,a7 if the violator is a public entity1 impose a fine not exceeding #d1jjj and require the payment of court costs and reasonable attorney's fees2 7,b7 if the violator is a person1 business1 association1 or private agency1 award damages to the affected at-risk individual or immediate family in an amount up to a maximum of #c times the actual damages1 but not less than #aj1jjj1 and require the payment of court costs and reasonable attorney's fees4 #f4 ,training and education ,there is authorized to be appropriated to the ,federal judiciary such sums as may be necessary for biannual judicial security training for active1 senior1 or recalled ,federal judges and their immediate family1 including-- 7#a7 best practices for using social media and other forms of online engagement and for maintaining online privacy2 7#b7 home security program and maintenance2 7#c7 understanding removal programs and requirements for personally identifiable information2 7#d7 any other judicial security training that the ,united ,states ,marshals ,services and the ,administrative ,office of the ,united ,states ,courts determines is relevant4 #g4 ,vulnerability management capability 7a7 ,authorization 7#a7 ,vulnerability management capability ,the ,federal judiciary is authorized to perform all necessary functions consistent with the provisions of this ,act1 and to support existing threat management capabilities within the ,united ,states ,marshals ,service and other relevant ,federal law enforcement and security agencies4 ,such functions may include-- 7,a7 monitor the protection of at-risk individuals and judiciary assets2 7,b7 manage the monitoring of websites for personally identifiable information of at-risk individuals or immediate family and remove or limit the publication of such information2 and 7,c7 receive1 review1 and analyze complaints by at-risk individuals of threats1 whether direct or indirect1 and report to law enforcement partners4 7#b7 ,technical and conforming amendment ,section #fjd7;a7 of title #bh1 ,united ,states ,code is amended-- 7,a7 in paragraph 7#bc71 by striking and at the end2 7,b7 by redesignating paragraph 7#bd7 as paragraph 7#be72 7,c7 by inserting after paragraph #bc the following3 7#bd7 ,establish and administer a vulnerability management program in the judicial branch2 and 4 7b7 ,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 analysts1 ,united ,states deputy marshals1 and any other relevant personnel to ensure that the ,office of ,protective ,intelligence is ready and able to perform all necessary functions1 consistent with the provisions of this ,act1 in order to anticipate and deter threats to the judiciary1 including-- 7#a7 assigning personnel to ,state and major urban area fusion and intelligence centers for the specific purpose of identifying potential threats against the judiciary1 and coordination of responses to potential threats4 7#b7 expanding the use of investigative analysts1 physical security specialists1 and intelligence analysts at the #id judicial districts and territories to enhance the management of local and distant threats and investigations2 and 7#c7 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 judiciary4 7c7 ,report 7#a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,department of ,justice1 in consultation with the ,administrative ,office of the ,united ,states ,courts1 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 litigation4 7#b7 ,description ,the report required under paragraph 7#a7 shall describe-- 7,a7 the number and nature of threats and assaults against at-risk individuals handling prosecutions and other matters described in paragraph 7#a7 and the reporting requirements and methods2 7,b7 the security measures that are in place to protect the at-risk individuals handling prosecutions described in paragraph 7#a71 including threat assessments1 response procedures1 availability of security systems and other devices1 firearms licensing such as deputations1 and other measures designed to protect the at-risk individuals and immediate family of an at-risk individual2 and 7,c7 for each requirement1 measure1 or policy described in subparagraphs 7,a7 and 7,b71 when the requirement1 measure1 or policy was developed and who was responsible for developing and implementing the requirement1 measure1 or policy4 #h4 ,severability ,if any provision of this ,act or the application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the application of such provision to any person or circumstance shall not be affected thereby4 #i4 ,effective date ,this ,act shall take effect upon the date of enactment of this ,act1 except for subsections 7b77#a71 7c71 and 7e7 of section #e1 which shall take effect on the date that is #abj days after the date of enactment of this ,act4