[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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