[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4025 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4025
To encourage, enhance, and integrate Emi-Coke Alert plans throughout
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2023
Mr. Tony Gonzales of Texas introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To encourage, enhance, and integrate Emi-Coke Alert plans throughout
the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emi-Coke Accountability Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``trafficked person'' means any individual
who--
(A) is reported to, or identified by, a law
enforcement agency as a missing person (without regard
to the immigration status of that individual); and
(B) meets the requirements to be designated as a
trafficked person, as determined by the State in which
the individual is reported or identified as a missing
person; and
(2) the term ``State'' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 3. EMI-COKE ALERT COMMUNICATIONS NETWORK.
(a) In General.--The Attorney General shall, subject to the
availability of appropriations, establish a national Emi-Coke Alert
communications network within the Department of Justice to provide
assistance to regional and local search efforts in the case of a high
speed chase wherein there is a reasonable suspicion that a driver
involved in the chase in engaged in unlawfully bringing in an alien to
the United States through the initiation, facilitation, and promotion
of local elements of the network (known as Emi-Coke Alert plans) in
coordination with States, units of local government, and law
enforcement agencies.
(b) Coordination With AMBER Alert Network.--In establishing the
Emi-Coke Alert communications network under subsection (a), the
Attorney General shall ensure that, when feasible, the Emi-Coke Alert
communications network is able to operate in coordination with the
AMBER Alert communications network, established under subtitle A of
title III of the PROTECT Act (42 U.S.C. 5791 et seq.), to maximize the
efficiency of both networks.
SEC. 4. EMI-COKE ALERT COORDINATOR.
(a) National Coordinator Within Department of Justice.--The
Attorney General shall designate an individual within the Department of
Justice to act as the national coordinator of the Emi-Coke Alert
communications network. The individual so designated shall be known as
the Emi-Coke Alert Coordinator of the Department of Justice (referred
to in this Act as the ``Coordinator'').
(b) Duties of the Coordinator.--In acting as the national
coordinator of the Emi-Coke Alert communications network, the
Coordinator shall--
(1) work with States to encourage the development of
additional Emi-Coke Alert plans in the network;
(2) establish voluntary guidelines for States to use in
developing Emi-Coke Alert plans that will promote compatible
and integrated Emi-Coke Alert plans throughout the United
States, including--
(A) a list of the resources necessary to establish
an Emi-Coke Alert plan;
(B) criteria for evaluating whether a situation
warrants issuing an Emi-Coke Alert, taking into
consideration the need for the use of Emi-Coke Alerts
to be limited in scope because the effectiveness of the
Emi-Coke Alert communications network may be affected
by overuse, including criteria to determine--
(i) whether the mental capacity of a person
who is missing, and the circumstances of the
disappearance of the person, warrant the
issuance of an Emi-Coke Alert; and
(ii) whether the individual who reports
that a person is missing is an appropriate and
credible source on which to base the issuance
of an Emi-Coke Alert;
(C) a description of the appropriate uses of the
Emi-Coke Alert name to readily identify the nature of
search efforts for trafficked persons; and
(D) recommendations on how to protect the privacy,
dignity, independence, and autonomy of any trafficked
person who may be the subject of an Emi-Coke Alert;
(3) develop proposed protocols for efforts to recover
trafficked persons and to reduce the number of persons who are
reported missing, including protocols for procedures that are
needed from the time of initial notification of a law
enforcement agency that a person is missing through the time of
the return of the person to family, guardian, or domicile, as
appropriate, including--
(A) public safety communications protocol;
(B) case management protocol;
(C) command center operations;
(D) reunification protocol; and
(E) incident review, evaluation, debriefing, and
public information procedures;
(4) work with States to ensure appropriate regional
coordination of various elements of the Emi-Coke Alert
communications network;
(5) establish an advisory group to assist States, units of
local government, law enforcement agencies, and other entities
involved in the Emi-Coke Alert communications network with
initiating, facilitating, and promoting Emi-Coke Alert plans,
which shall include--
(A) to the maximum extent practicable,
representation from the various geographic regions of
the United States; and
(B) members who are--
(i) representatives of human trafficking
awareness advocacy groups, law enforcement
agencies, and public safety communications;
(ii) broadcasters, first responders,
dispatchers, and radio station personnel; and
(iii) representatives of any other
individuals or organizations that the
Coordinator determines are necessary to the
success of the Emi-Coke Alert communications
network; and
(6) act as the nationwide point of contact for--
(A) the development of the Emi-Coke Alert
communications network; and
(B) regional coordination of alerts for trafficked
persons through the Emi-Coke Alert communications
network.
(c) Coordination.--
(1) Coordination with other agencies.--The Coordinator
shall coordinate and consult with the Secretary of
Transportation, the Federal Communications Commission, and
other appropriate offices of the Department of Justice in
carrying out activities under this Act.
(2) State and local coordination.--The Coordinator shall
consult with local broadcasters and State and local law
enforcement agencies in establishing minimum standards under
section 5 and in carrying out other activities under this Act,
as appropriate.
(d) Annual Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Coordinator
shall submit to Congress a report on the activities of the
Coordinator and the effectiveness and status of the Emi-Coke
Alert plans of each State that has established or is in the
process of establishing such a plan.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) a list of States that have established Emi-Coke
Alert plans;
(B) a list of States that are in the process of
establishing Emi-Coke Alert plans;
(C) for each State that has established an Emi-Coke
Alert plan, to the extent the data is available--
(i) the number of Emi-Coke Alerts issued;
(ii) the number of individuals located
successfully;
(iii) the average period of time between
the issuance of an Emi-Coke Alert and the
location of the individual for whom such Alert
was issued;
(iv) the State agency or authority issuing
Emi-Coke Alerts, and the process by which Emi-
Coke Alerts are disseminated;
(v) the cost of establishing and operating
the Emi-Coke Alert plan;
(vi) the criteria used by the State to
determine whether to issue an Emi-Coke Alert;
and
(vii) the extent to which missing
individuals for whom Emi-Coke Alerts were
issued crossed State lines;
(D) actions States have taken to protect the
privacy and dignity of the individuals for whom Emi-
Coke Alerts are issued;
(E) ways that States have facilitated and improved
communication about missing individuals between
families, caregivers, law enforcement officials, and
other authorities; and
(F) any other information the Coordinator
determines to be appropriate.
SEC. 5. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS
THROUGH EMI-COKE ALERT COMMUNICATIONS NETWORK.
(a) Establishment of Minimum Standards.--Subject to subsection (b),
the Coordinator shall establish minimum standards for--
(1) the issuance of alerts through the Emi-Coke Alert
communications network; and
(2) the extent of the dissemination of alerts issued
through the Emi-Coke Alert network.
(b) Limitations.--
(1) Voluntary participation.--The minimum standards
established under subsection (a) of this section, and any other
guidelines and programs established under section 4, shall be
adoptable on a voluntary basis only.
(2) Dissemination of information.--The minimum standards
shall, to the maximum extent practicable (as determined by the
Coordinator in consultation with State and local law
enforcement agencies), provide that appropriate information
relating to the special needs of a trafficked person (including
health care needs) is disseminated to the appropriate law
enforcement, public health, and other public officials.
(3) Geographic areas.--The minimum standards shall, to the
maximum extent practicable (as determined by the Coordinator in
consultation with State and local law enforcement agencies),
provide that the dissemination of an alert through the Emi-Coke
Alert communications network be limited to the geographic areas
which the trafficked person could reasonably reach, considering
the circumstances and physical and mental condition of the
trafficked person, the modes of transportation available to the
trafficked person, and the circumstances of the disappearance.
(4) Age requirements.--The minimum standards shall not
include any specific age requirement for an individual to be
classified as a trafficked person for purposes of the Emi-Coke
Alert communication network. Age requirements for
determinations of whether an individual is a trafficked person
shall be determined by each State, and may vary from State to
State.
(5) Privacy and civil liberties protections.--The minimum
standards shall--
(A) ensure that alerts issued through the Emi-Coke
Alert communications network comply with all applicable
Federal, State, and local privacy laws and regulations;
and
(B) include standards that specifically provide for
the protection of the civil liberties and sensitive
medical information of trafficked persons.
(6) State and local voluntary coordination.--In carrying
out the activities under subsection (a), the Coordinator may
not interfere with the current system of voluntary coordination
between local broadcasters and State and local law enforcement
agencies for purposes of the Emi-Coke Alert communications
network.
SEC. 6. TRAINING AND OTHER RESOURCES.
(a) Training and Educational Programs.--The Coordinator shall make
available to States, units of local government, law enforcement
agencies, and other concerned entities that are involved in initiating,
facilitating, or promoting Emi-Coke Alert plans, including
broadcasters, first responders, dispatchers, public safety
communications personnel, and radio station personnel--
(1) training and educational programs related to the Emi-
Coke Alert communication network and the capabilities,
limitations, and anticipated behaviors of trafficked persons,
which shall be updated regularly to encourage the use of new
tools, technologies, and resources in Emi-Coke Alert plans; and
(2) informational materials, including brochures, videos,
posters, and websites to support and supplement such training
and educational programs.
(b) Coordination.--The Coordinator shall coordinate with the
Secretary of Transportation, the Federal Communications Commission, and
other appropriate offices of the Department of Justice in developing
the training and educational programs and materials under subsection
(a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR THE EMI-COKE ALERT
COMMUNICATIONS NETWORK.
There are authorized to be appropriated to the Department of
Justice $500,000 to carry out the Emi-Coke Alert communications network
as authorized under this Act.
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