TRACE Act
- Bill Number
- S. 1038
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Passed Senate
- Latest Action
- 2025-09-04: Held at the desk.
- Last Updated
- 2026-04-01T16:10:32Z
AI-Generated Summary
Purpose
The TRACE Act (Tracking and Reporting Absent Community-Members Everywhere Act) aims to improve the tracking and reporting of missing persons whose last known location was on federal land or in U.S. territorial waters. It enhances the National Missing and Unidentified Persons System (NamUs), a national database managed by the Department of Justice, by adding specific data fields to better identify cases involving federal jurisdictions, potentially aiding in searches and investigations.
Key Provisions
- Definitions:
- "Attorney General" refers to the U.S. Attorney General acting through the Director of the National Institute of Justice (NIJ), a research arm of the Department of Justice focused on criminal justice issues.
- "Federal land" includes U.S.-owned land managed by the Secretary of Agriculture (e.g., national forests), the Secretary of the Interior (e.g., national parks, excluding land held in trust for Native American tribes), or the Secretary of Defense (limited to water and land projects run by the U.S. Army Corps of Engineers).
- "Territorial waters of the United States" means the 12-nautical-mile zone off the U.S. coast, as defined by a 1988 presidential proclamation.
- Addition to NamUs Database (Section 3): The Attorney General must add a data field to NamUs indicating whether a missing person's last known location was confirmed or suspected to be on federal land or in territorial waters. This field should include details like the specific federal unit (e.g., a national park) or water area involved.
- Annual Reporting Requirement (Section 4): Starting January 15 of the second year after enactment (and every year after), the Attorney General must submit a report to the Senate and House Judiciary Committees. The report covers the previous calendar year and includes the total number of NamUs cases where the missing person's last known location was on federal land or in territorial waters.
Significant Changes to Existing Law
- This act modifies the existing NamUs framework, established under the Justice for All Act of 2004 and expanded by subsequent laws like the Violence Against Women Act Reauthorization of 2013, by introducing a new mandatory data field focused on federal jurisdictions.
- It adds a reporting obligation not previously required, shifting NamUs from a general database to one with targeted federal oversight, without altering core operations like data entry or privacy rules.
Potential Impacts
- On Government Agencies: The Department of Justice and NIJ will need to update the NamUs database and produce annual reports, potentially increasing administrative workload but improving data analytics for federal resource allocation (e.g., coordinating searches with agencies like the National Park Service). Federal land managers (e.g., Forest Service, Bureau of Land Management) may see better integration of missing persons data into their operations.
- On Citizens: Families of missing persons could benefit from more precise tracking, especially in remote federal areas where searches are complex, leading to faster resolutions or better awareness. It may encourage more reporting of cases involving federal lands, which often involve hikers, hunters, or boaters.
- On International Relations: Minimal direct impact, though improved tracking in territorial waters could indirectly support maritime safety coordination with neighboring countries or international search-and-rescue efforts.
Main Stakeholders Affected
- Primary: Department of Justice (including NIJ and NamUs administrators), federal land management agencies (e.g., Department of the Interior, Agriculture, and Defense via Corps of Engineers).
- Secondary: Law enforcement at federal, state, and local levels; families and advocates for missing persons; congressional Judiciary Committees overseeing implementation.
- Others: Native American tribes (excluded from "federal land" definition to respect trust lands) and search-and-rescue organizations operating on public lands.
Notable Legal, Constitutional, or Political Implications
- Legal: The act is administrative in nature, building on existing federal authority over NamUs without creating new enforcement powers or penalties. It promotes data standardization, which could strengthen inter-agency collaboration under laws like the National Missing and Unidentified Persons System Improvement Act of 2018.
- Constitutional: No significant issues; it aligns with Congress's authority to regulate federal databases and commerce (e.g., interstate missing persons cases) under the Commerce Clause. Privacy concerns are mitigated as NamUs already handles sensitive data under strict federal guidelines.
- Political: As a bipartisan measure (passed the Senate unanimously in this version), it addresses public concerns about missing persons in federal areas without controversy. It could set a precedent for future database enhancements, potentially influencing funding debates for justice programs, but raises no major partisan divides.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Sen. Padilla, Alex [D-CA], Sen. Capito, Shelley Moore [R-WV], Sen. Blumenthal, Richard [D-CT], Sen. Murphy, Christopher [D-CT], Sen. Coons, Christopher A. [D-DE]
Recent Actions
- 2025-09-04: Held at the desk.
- 2025-09-04: Received in the House.
- 2025-09-04: Message on Senate action sent to the House.
- 2025-09-02: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S5987; text: CR S5987)
- 2025-09-02: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
- 2025-07-28: Placed on Senate Legislative Calendar under General Orders. Calendar No. 126.
- 2025-07-28: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
- 2025-07-28: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
- 2025-07-24: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- 2025-03-13: Read twice and referred to the Committee on the Judiciary.
- 2025-03-13: Introduced in Senate
Bill Versions
- Tracking and Reporting Absent Community-Members Everywhere Act — issued 2025-09-02 — PDF (6 pages)
- Tracking and Reporting Absent Community-Members Everywhere Act — issued 2025-03-13 — PDF (3 pages)
- Tracking and Reporting Absent Community-Members Everywhere Act — issued 2025-07-28 — PDF (6 pages)