Emi-Coke Accountability Act of 2023

Bill: 118-hr-4025
Sponsor: full_name: Rep. Gonzales, Tony [R-TX-23]
Introduced: 2023-06-12
Policy area: Crime and Law Enforcement
Latest action: action_date: 2023-06-12
text: Referred to the House Committee on the Judiciary.

Summaries:

tv_txt: I 118th CONGRESS 1st Session H. R. 4025 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.

1. Short title This Act may be cited as the Emi-Coke Accountability Act of 2023 . 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. 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. 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. 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. 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) . 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.