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28 U.S. Code Part III - COURT OFFICERS AND EMPLOYEES

Senate Revision Amendment

Chapter 59 was renumbered as Chapter 57 but without change in its section numbers, by Senate amendment. See 80th Congress Senate Report No. 1559.

Editorial Notes
Amendments

1998—Pub. L. 105–315, § 12(b)(3), Oct. 30, 1998, 112 Stat. 2998, substituted “Alternative Dispute Resolution” for “Arbitration” as item for chapter 44.

1992—Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, substituted “United States Court of Federal Claims” for “United States Claims Court” as item for chapter 51.

1988—Pub. L. 100–702, title IX, § 901(b), Nov. 19, 1988, 102 Stat. 4663, added item for chapter 44.

1984—Pub. L. 98–473, title II, § 217(b), Oct. 12, 1984, 98 Stat. 2026, added item for chapter 58, effective on the first day of the first calendar month beginning twenty-four months after Oct. 12, 1984 (Nov. 1, 1986).

1982—Pub. L. 97–164, title I, § 121(g)(1), Apr. 2, 1982, 96 Stat. 35, substituted “United States Claims Court” for “Court of Claims” as item for chapter 51.

Pub. L. 97–164, title I, § 122(a), Apr. 2, 1982, 96 Stat. 36, struck out item for chapter 53.

1980—Pub. L. 96–417, title V, § 501(13), Oct. 10, 1980, 94 Stat. 1742, substituted “Court of International Trade” for “Customs Court” as item for chapter 55.

1978—Pub. L. 95–598, title II, § 233(b), Nov. 6, 1978, 92 Stat. 2667, directed the addition of item for chapter 50, “Bankruptcy Courts”, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

1968—Pub. L. 90–578, title I, § 102(a), Oct. 17, 1968, 82 Stat. 1114, substituted “United States Magistrates” for “United States Commissioners” as item for chapter 43.

1967—Pub. L. 90–219, title II, § 204, Dec. 20, 1967, 81 Stat. 669, added item for chapter 42.

Statutory Notes and Related Subsidiaries
Change of Name

“United States Magistrate Judges” substituted for “United States Magistrates” in item for chapter 43 pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title.

Judicial Security and Privacy

Pub. L. 117–263, div. E, title LIX, subtitle D, Dec. 23, 2022, 136 Stat. 3458, provided that:

“SEC. 5931. SHORT TITLE.

“This subtitle may be cited as the ‘Daniel Anderl Judicial Security and Privacy Act of 2022’.

“SEC. 5932. 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 subtitle 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. 5933. DEFINITIONS.“In this subtitle:
“(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 an entity that collects and sells or licenses to third parties the personal information of an individual with whom the entity does not have a direct relationship..
“(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 subject to the Gramm-Leach-Bliley Act (Public Law 106–102) [see Short Title of 1999 Amendment note set out under section 1811 of Title 12, Banks and Banking] 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;
“(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 [26 U.S.C. 7443]; and
“(I)
a special trial judge of the United States Tax Court appointed under section 7443A of the Internal Revenue Code of 1986 [26 U.S.C. 7443A].
“(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) Interactive computer service.—
The term ‘interactive computer service’ has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. 230).
“(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 member.
“SEC. 5934. 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; 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 be in writing and contain information necessary to ensure compliance with this section, including information expressly referencing the prohibition on the posting or transfer of covered information, information regarding redress and penalties for violations provided in subsection (f), and contact information to allow the recipient to verify the accuracy of any notice or request and answer questions by the recipient of the notice or request.
“(2) Authorization of government agencies to make requests.—
“(A) Administrative office of the united states courts.—
Upon written request of an at-risk individual described in subparagraphs (A) through (E) of section 5933(4), 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 5933(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 5933(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 5933(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 [Dec. 23, 2022], 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, transfer, or purchase covered information of an at-risk individual or immediate family members.
“(B) Other persons and 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 or acquire 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 lawfully 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 identified in the written request 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 identify any other instances of the identified information that should also be removed; and
“(ii)
assist the sender to locate the covered information of the at-risk individual or immediate family member posted 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) Data Security.—
“(1) Recipients.—
Any interactive computer service shall implement and maintain reasonable security procedures and practices to protect any information collected or received to comply with the requirements of this subtitle from unauthorized use, disclosure, access, destruction, or modification.
“(2) Government custodians.—
The Administrative Office of the United States Courts and the administrators of the courts described in this subtitle shall implement and maintain reasonable security procedures and practices to protect any information they collect, receive, or transmit pursuant to the provisions of this subtitle.
“(f) Redress and Penalties.—
“(1) In general.—
If the covered information of an at-risk individual described in subparagraphs (A) through (E) of section 5933(4) or their immediate family is made public as a result of a violation of this subtitle, the Director of the Administrative Office of the United States Courts, or the designee of the Director, may file an action seeking injunctive or declaratory relief in any court of competent jurisdiction, through the Department of Justice.
“(2) Authority.—
The respective chief judge for judges described in subparagraphs (B), (C), and (D) of section 5934(b)(2) shall have the same authority as the Director under this paragraph for at-risk individuals in their courts or their immediate family members.
“(3) 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. 5935. 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 5933(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. 5936. 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 subtitle and to support existing threat management capabilities within the United States Marshals Service and other relevant Federal law enforcement and security agencies for active, senior, recalled, and retired Federal judges described in subparagraphs (A), (B), (C), (D), and (E) of section 5933(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 5935.
“(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 5933(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 5933(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 5933(4).
“(3) Technical and conforming amendment.—

[Amended section 604 of Title 28, Judiciary and Judicial Procedure.]

“(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 subtitle, 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 [Dec. 23, 2022], 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. 5937. RULES OF CONSTRUCTION.
“(a) In General.—Nothing in this subtitle 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 subtitle shall be broadly construed to favor the protection of the covered information of at-risk individuals and their immediate family members.
“SEC. 5938. SEVERABILITY.

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

“SEC. 5939. EFFECTIVE DATE.
“(a) In General.—
Except as provided in subsection (b), this subtitle shall take effect on the date of enactment of this Act [Dec. 23, 2022].
“(b) Exception.—
Subsections (c)(1), (d), and (e) of section 5934 shall take effect on the date that is 120 days after the date of enactment of this Act.”