6 U.S.C. § 645a — Human trafficking assessment

Page 320 TITLE 6—DOMESTIC SECURITY § 645 vate organization to assist the government or organization in establishing a program of train- ing to identify human trafficking, upon request from the government or organization. (Pub. L. 114–22, title IX, § 904, May 29, 2015, 129 Stat. 266.) Editorial Notes CODIFICATION Section was enacted as part of the Justice for Vic- tims of Trafficking Act of 2015, and not as part of the Homeland Security Act of 2002 which comprises this chapter. § 645. Victim protection training for the Depart- ment of Homeland Security (a) Directive to DHS law enforcement officials and task forces (1) In general Not later than 180 days after December 21, 2018, the Secretary shall issue a directive to— (A) all Federal law enforcement officers and relevant personnel employed by the De- partment who may be involved in the inves- tigation of human trafficking offenses; and (B) members of all task forces led by the Department that participate in the inves- tigation of human trafficking offenses. (2) Required instructions The directive required to be issued under paragraph (1) shall include instructions on— (A) the investigation of individuals who patronize or solicit human trafficking vic- tims as being engaged in severe trafficking in persons and how such individuals should be investigated for their roles in severe traf- ficking in persons; and (B) how victims of sex or labor trafficking often engage in criminal acts as a direct re- sult of severe trafficking in persons and such individuals are victims of a crime and af- firmative measures should be taken to avoid arresting, charging, or prosecuting such in- dividuals for any offense that is the direct result of their victimization. (b) Victim screening protocol (1) In general Not later than 180 days after December 21, 2018, the Secretary shall issue a screening pro- tocol for use during all anti-trafficking law enforcement operations in which the Depart- ment is involved. (2) Requirements The protocol required to be issued under paragraph (1) shall— (A) require the individual screening of all adults and children who are suspected of en- gaging in commercial sex acts, child labor that is a violation of law, or work in viola- tion of labor standards to determine whether each individual screened is a victim of human trafficking; (B) require affirmative measures to avoid arresting, charging, or prosecuting human trafficking victims for any offense that is the direct result of their victimization; (C) be developed in consultation with rel- evant interagency partners and nongovern- mental organizations that specialize in the prevention of human trafficking or in the identification and support of victims of human trafficking and survivors of human trafficking; and (D) include— (i) procedures and practices to ensure that the screening process minimizes trau- ma or revictimization of the person being screened; and (ii) guidelines on assisting victims of human trafficking in identifying and re- ceiving restorative services. (c) Mandatory training The training described in sections 642 and 644 of this title shall include training necessary to implement— (1) the directive required under subsection (a); and (2) the protocol required under subsection (b). (Pub. L. 114–22, title IX, § 906, as added Pub. L. 115–392, § 5(a), Dec. 21, 2018, 132 Stat. 5252.) Editorial Notes CODIFICATION Section was enacted as part of the Justice for Vic- tims of Trafficking Act of 2015, and not as part of the Homeland Security Act of 2002 which comprises this chapter. § 645a. Human trafficking assessment Not later than 1 year after December 21, 2018, and annually thereafter, the Executive Asso- ciate Director of Homeland Security Investiga- tions shall submit to the Committee on Home- land Security and Governmental Affairs and the Committee on the Judiciary of the Senate, and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives a report on human trafficking investigations undertaken by Homeland Secu- rity Investigations that includes— (1) the number of confirmed human traf- ficking investigations by category, including labor trafficking, sex trafficking, and transnational and domestic human traf- ficking; (2) the number of victims by category, in- cluding— (A) whether the victim is a victim of sex trafficking or a victim of labor trafficking; and (B) whether the victim is a minor or an adult; and (3) an analysis of the data described in para- graphs (1) and (2) and other data available to Homeland Security Investigations that indi- cates any general human trafficking or inves- tigatory trends. (Pub. L. 115–393, title IV, § 403, Dec. 21, 2018, 132 Stat. 5275.) Editorial Notes CODIFICATION Section was enacted as part of the Trafficking Vic- tims Protection Act of 2017, and not as part of the Page 321 TITLE 6—DOMESTIC SECURITY § 650 Homeland Security Act of 2002 which comprises this chapter. SUBCHAPTER XVIII—CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY § 650. Definitions Except as otherwise specifically provided, in this subchapter: (1) Agency The term ‘‘Agency’’ means the Cybersecurity and Infrastructure Security Agency. (2) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (3) Cloud service provider The term ‘‘cloud service provider’’ means an entity offering products or services related to cloud computing, as defined by the National Institute of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document relating thereto. (4) Critical infrastructure information The term ‘‘critical infrastructure informa- tion’’ means information not customarily in the public domain and related to the security of critical infrastructure or protected sys- tems— (A) actual, potential, or threatened inter- ference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or com- puter-based attack or other similar conduct (including the misuse of or unauthorized ac- cess to all types of communications and data transmission systems) that violates Federal, State, or local law, harms interstate com- merce of the United States, or threatens public health or safety; (B) the ability of any critical infrastruc- ture or protected system to resist such in- terference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected sys- tem, including security testing, risk evalua- tion thereto, risk management planning, or risk audit; or (C) any planned or past operational prob- lem or solution regarding critical infrastruc- ture or protected systems, including repair, recovery, reconstruction, insurance, or con- tinuity, to the extent it is related to such in- terference, compromise, or incapacitation. (5) Cyber threat indicator The term ‘‘cyber threat indicator’’ means in- formation that is necessary to describe or identify— (A) malicious reconnaissance, including anomalous patterns of communications that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat or security vulner- ability; (B) a method of defeating a security con- trol or exploitation of a security vulner- ability; (C) a security vulnerability, including anomalous activity that appears to indicate the existence of a security vulnerability; (D) a method of causing a user with legiti- mate access to an information system or in- formation that is stored on, processed by, or transiting an information system to unwit- tingly enable the defeat of a security control or exploitation of a security vulnerability; (E) malicious cyber command and control; (F) the actual or potential harm caused by an incident, including a description of the information exfiltrated as a result of a par- ticular cybersecurity threat; (G) any other attribute of a cybersecurity threat, if disclosure of such attribute is not otherwise prohibited by law; or (H) any combination thereof. (6) Cybersecurity purpose The term ‘‘cybersecurity purpose’’ means the purpose of protecting an information sys- tem or information that is stored on, proc- essed by, or transiting an information system from a cybersecurity threat or security vul- nerability. (7) Cybersecurity risk The term ‘‘cybersecurity risk’’— (A) means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or de- struction of such information or information systems, including such related con- sequences caused by an act of terrorism; and (B) does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement. (8) Cybersecurity threat (A) In general Except as provided in subparagraph (B), the term ‘‘cybersecurity threat’’ means an action, not protected by the First Amend- ment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an informa- tion system or information that is stored on, processed by, or transiting an information system. (B) Exclusion The term ‘‘cybersecurity threat’’ does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement. (9) Defensive measure (A) In general Except as provided in subparagraph (B), the term ‘‘defensive measure’’ means an ac- tion, device, procedure, signature, tech- nique, or other measure applied to an infor-