Emi-Coke Accountability Act of 2023

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Emi-Coke Account- 4 ability Act of 2023’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 (1) the term ‘‘trafficked person’’ means any in- 8 dividual who— 9 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 4025 IH (A) is reported to, or identified by, a law 1 enforcement agency as a missing person (with- 2 out regard to the immigration status of that in- 3 dividual); and 4 (B) meets the requirements to be des- 5 ignated as a trafficked person, as determined 6 by the State in which the individual is reported 7 or identified as a missing person; and 8 (2) the term ‘‘State’’ means each of the 50 9 States, the District of Columbia, the Commonwealth 10 of Puerto Rico, the United States Virgin Islands, 11 Guam, American Samoa, and the Commonwealth of 12 the Northern Mariana Islands. 13 SEC. 3. EMI-COKE ALERT COMMUNICATIONS NETWORK. 14 (a) IN GENERAL.—The Attorney General shall, sub- 15 ject to the availability of appropriations, establish a na- 16 tional Emi-Coke Alert communications network within the 17 Department of Justice to provide assistance to regional 18 and local search efforts in the case of a high speed chase 19 wherein there is a reasonable suspicion that a driver in- 20 volved in the chase in engaged in unlawfully bringing in 21 an alien to the United States through the initiation, facili- 22 tation, and promotion of local elements of the network 23 (known as Emi-Coke Alert plans) in coordination with 24 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 4025 IH States, units of local government, and law enforcement 1 agencies. 2 (b) COORDINATION WITH AMBER ALERT NET- 3 WORK.—In establishing the Emi-Coke Alert communica- 4 tions network under subsection (a), the Attorney General 5 shall ensure that, when feasible, the Emi-Coke Alert com- 6 munications network is able to operate in coordination 7 with the AMBER Alert communications network, estab- 8 lished under subtitle A of title III of the PROTECT Act 9 (42 U.S.C. 5791 et seq.), to maximize the efficiency of 10 both networks. 11 SEC. 4. EMI-COKE ALERT COORDINATOR. 12 (a) NATIONAL COORDINATOR WITHIN DEPARTMENT 13 OF JUSTICE.—The Attorney General shall designate an 14 individual within the Department of Justice to act as the 15 national coordinator of the Emi-Coke Alert communica- 16 tions network. The individual so designated shall be known 17 as the Emi-Coke Alert Coordinator of the Department of 18 Justice (referred to in this Act as the ‘‘Coordinator’’). 19 (b) DUTIES OF THE COORDINATOR.—In acting as the 20 national coordinator of the Emi-Coke Alert communica- 21 tions network, the Coordinator shall— 22 (1) work with States to encourage the develop- 23 ment of additional Emi-Coke Alert plans in the net- 24 work; 25 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 4025 IH (2) establish voluntary guidelines for States to 1 use in developing Emi-Coke Alert plans that will 2 promote compatible and integrated Emi-Coke Alert 3 plans throughout the United States, including— 4 (A) a list of the resources necessary to es- 5 tablish an Emi-Coke Alert plan; 6 (B) criteria for evaluating whether a situa- 7 tion warrants issuing an Emi-Coke Alert, tak- 8 ing into consideration the need for the use of 9 Emi-Coke Alerts to be limited in scope because 10 the effectiveness of the Emi-Coke Alert commu- 11 nications network may be affected by overuse, 12 including criteria to determine— 13 (i) whether the mental capacity of a 14 person who is missing, and the cir- 15 cumstances of the disappearance of the 16 person, warrant the issuance of an Emi- 17 Coke Alert; and 18 (ii) whether the individual who reports 19 that a person is missing is an appropriate 20 and credible source on which to base the 21 issuance of an Emi-Coke Alert; 22 (C) a description of the appropriate uses of 23 the Emi-Coke Alert name to readily identify the 24 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 4025 IH nature of search efforts for trafficked persons; 1 and 2 (D) recommendations on how to protect 3 the privacy, dignity, independence, and auton- 4 omy of any trafficked person who may be the 5 subject of an Emi-Coke Alert; 6 (3) develop proposed protocols for efforts to re- 7 cover trafficked persons and to reduce the number 8 of persons who are reported missing, including pro- 9 tocols for procedures that are needed from the time 10 of initial notification of a law enforcement agency 11 that a person is missing through the time of the re- 12 turn of the person to family, guardian, or domicile, 13 as appropriate, including— 14 (A) public safety communications protocol; 15 (B) case management protocol; 16 (C) command center operations; 17 (D) reunification protocol; and 18 (E) incident review, evaluation, debriefing, 19 and public information procedures; 20 (4) work with States to ensure appropriate re- 21 gional coordination of various elements of the Emi- 22 Coke Alert communications network; 23 (5) establish an advisory group to assist States, 24 units of local government, law enforcement agencies, 25 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 4025 IH and other entities involved in the Emi-Coke Alert 1 communications network with initiating, facilitating, 2 and promoting Emi-Coke Alert plans, which shall in- 3 clude— 4 (A) to the maximum extent practicable, 5 representation from the various geographic re- 6 gions of the United States; and 7 (B) members who are— 8 (i) representatives of human traf- 9 ficking awareness advocacy groups, law en- 10 forcement agencies, and public safety com- 11 munications; 12 (ii) broadcasters, first responders, dis- 13 patchers, and radio station personnel; and 14 (iii) representatives of any other indi- 15 viduals or organizations that the Coordi- 16 nator determines are necessary to the suc- 17 cess of the Emi-Coke Alert communica- 18 tions network; and 19 (6) act as the nationwide point of contact for— 20 (A) the development of the Emi-Coke Alert 21 communications network; and 22 (B) regional coordination of alerts for traf- 23 ficked persons through the Emi-Coke Alert 24 communications network. 25 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 4025 IH (c) COORDINATION.— 1 (1) COORDINATION WITH OTHER AGENCIES.— 2 The Coordinator shall coordinate and consult with 3 the Secretary of Transportation, the Federal Com- 4 munications Commission, and other appropriate of- 5 fices of the Department of Justice in carrying out 6 activities under this Act. 7 (2) STATE AND LOCAL COORDINATION.—The 8 Coordinator shall consult with local broadcasters and 9 State and local law enforcement agencies in estab- 10 lishing minimum standards under section 5 and in 11 carrying out other activities under this Act, as ap- 12 propriate. 13 (d) ANNUAL REPORTS.— 14 (1) IN GENERAL.—Not later than 1 year after 15 the date of enactment of this Act, and annually 16 thereafter, the Coordinator shall submit to Congress 17 a report on the activities of the Coordinator and the 18 effectiveness and status of the Emi-Coke Alert plans 19 of each State that has established or is in the proc- 20 ess of establishing such a plan. 21 (2) CONTENTS.—Each report submitted under 22 paragraph (1) shall include— 23 (A) a list of States that have established 24 Emi-Coke Alert plans; 25 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 4025 IH (B) a list of States that are in the process 1 of establishing Emi-Coke Alert plans; 2 (C) for each State that has established an 3 Emi-Coke Alert plan, to the extent the data is 4 available— 5 (i) the number of Emi-Coke Alerts 6 issued; 7 (ii) the number of individuals located 8 successfully; 9 (iii) the average period of time be- 10 tween the issuance of an Emi-Coke Alert 11 and the location of the individual for whom 12 such Alert was issued; 13 (iv) the State agency or authority 14 issuing Emi-Coke Alerts, and the process 15 by which Emi-Coke Alerts are dissemi- 16 nated; 17 (v) the cost of establishing and oper- 18 ating the Emi-Coke Alert plan; 19 (vi) the criteria used by the State to 20 determine whether to issue an Emi-Coke 21 Alert; and 22 (vii) the extent to which missing indi- 23 viduals for whom Emi-Coke Alerts were 24 issued crossed State lines; 25 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 4025 IH (D) actions States have taken to protect 1 the privacy and dignity of the individuals for 2 whom Emi-Coke Alerts are issued; 3 (E) ways that States have facilitated and 4 improved communication about missing individ- 5 uals between families, caregivers, law enforce- 6 ment officials, and other authorities; and 7 (F) any other information the Coordinator 8 determines to be appropriate. 9 SEC. 5. MINIMUM STANDARDS FOR ISSUANCE AND DIS- 10 SEMINATION OF ALERTS THROUGH EMI- 11 COKE ALERT COMMUNICATIONS NETWORK. 12 (a) ESTABLISHMENT OF MINIMUM STANDARDS.— 13 Subject to subsection (b), the Coordinator shall establish 14 minimum standards for— 15 (1) the issuance of alerts through the Emi-Coke 16 Alert communications network; and 17 (2) the extent of the dissemination of alerts 18 issued through the Emi-Coke Alert network. 19 (b) LIMITATIONS.— 20 (1) VOLUNTARY PARTICIPATION.—The min- 21 imum standards established under subsection (a) of 22 this section, and any other guidelines and programs 23 established under section 4, shall be adoptable on a 24 voluntary basis only. 25 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 4025 IH (2) DISSEMINATION OF INFORMATION.—The 1 minimum standards shall, to the maximum extent 2 practicable (as determined by the Coordinator in 3 consultation with State and local law enforcement 4 agencies), provide that appropriate information re- 5 lating to the special needs of a trafficked person (in- 6 cluding health care needs) is disseminated to the ap- 7 propriate law enforcement, public health, and other 8 public officials. 9 (3) GEOGRAPHIC AREAS.—The minimum stand- 10 ards shall, to the maximum extent practicable (as 11 determined by the Coordinator in consultation with 12 State and local law enforcement agencies), provide 13 that the dissemination of an alert through the Emi- 14 Coke Alert communications network be limited to 15 the geographic areas which the trafficked person 16 could reasonably reach, considering the cir- 17 cumstances and physical and mental condition of the 18 trafficked person, the modes of transportation avail- 19 able to the trafficked person, and the circumstances 20 of the disappearance. 21 (4) AGE REQUIREMENTS.—The minimum 22 standards shall not include any specific age require- 23 ment for an individual to be classified as a trafficked 24 person for purposes of the Emi-Coke Alert commu- 25 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 4025 IH nication network. Age requirements for determina- 1 tions of whether an individual is a trafficked person 2 shall be determined by each State, and may vary 3 from State to State. 4 (5) PRIVACY AND CIVIL LIBERTIES PROTEC- 5 TIONS.—The minimum standards shall— 6 (A) ensure that alerts issued through the 7 Emi-Coke Alert communications network com- 8 ply with all applicable Federal, State, and local 9 privacy laws and regulations; and 10 (B) include standards that specifically pro- 11 vide for the protection of the civil liberties and 12 sensitive medical information of trafficked per- 13 sons. 14 (6) STATE AND LOCAL VOLUNTARY COORDINA- 15 TION.—In carrying out the activities under sub- 16 section (a), the Coordinator may not interfere with 17 the current system of voluntary coordination be- 18 tween local broadcasters and State and local law en- 19 forcement agencies for purposes of the Emi-Coke 20 Alert communications network. 21 SEC. 6. TRAINING AND OTHER RESOURCES. 22 (a) TRAINING AND EDUCATIONAL PROGRAMS.—The 23 Coordinator shall make available to States, units of local 24 government, law enforcement agencies, and other con- 25 VerDate Sep 11 2014 16:28 Aug 05, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4025.IH H4025 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 4025 IH cerned entities that are involved in initiating, facilitating, 1 or promoting Emi-Coke Alert plans, including broad- 2 casters, first responders, dispatchers, public safety com- 3 munications personnel, and radio station personnel— 4 (1) training and educational programs related 5 to the Emi-Coke Alert communication network and 6 the capabilities, limitations, and anticipated behav- 7 iors of trafficked persons, which shall be updated 8 regularly to encourage the use of new tools, tech- 9 nologies, and resources in Emi-Coke Alert plans; and 10 (2) informational materials, including bro- 11 chures, videos, posters, and websites to support and 12 supplement such training and educational programs. 13 (b) COORDINATION.—The Coordinator shall coordi- 14 nate with the Secretary of Transportation, the Federal 15 Communications Commission, and other appropriate of- 16 fices of the Department of Justice in developing the train- 17 ing and educational programs and materials under sub- 18 section (a). 19 SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR THE 20 EMI-COKE ALERT COMMUNICATIONS NET- 21 WORK. 22 There are auth [Text truncated for display. Full text available on Congress.gov.]