S. 1038: TRACE Act
Sponsor
Thomas Tillis
Republican · NC
Missing-person cases on federal land need tracking
Why it matters
A disappearance tied to national parks, public land, or waters up to 12 nautical miles off the U.S. coast can get lost in a system that does not clearly mark those cases. S. 1038 would make NamUs flag them and force yearly counts to Congress.
S. 1038 is a data-tracking bill, not a new criminal law. It tells the Justice Department to add a field in the National Missing and Unidentified Persons System, or NamUs, showing whether a missing person's last known location was confirmed or suspected to be on covered federal land or in U.S. territorial waters.
That means cases tied to places like national forests, public lands, Army Corps projects, and coastal waters would no longer be buried inside broader missing-person data. The entry must also include any specific location details available, so the record is more useful than a simple yes-or-no tag.
The land covered here includes property managed by the Agriculture Department, most land managed by the Interior Department, and certain land and water projects run by the Army Corps of Engineers. The bill explicitly excludes land held in trust for the benefit of an Indian Tribe from this federal-land definition.
The water side is also specific. The bill covers the U.S. territorial sea out to 12 nautical miles from the coast.
S. 1038 would also require the federal government to send Congress a yearly count of how many NamUs cases involved a last known location on covered federal land or in those waters. That would give lawmakers a national baseline instead of scattered case-by-case attention.
This bill does not provide new money for searches, create a new reporting hotline, or add criminal penalties. What it changes is whether these cases are consistently identified, counted, and visible at the national level.
Bill Progress
Latest Action · Sep 4, 2025
Passed the Senate, received in House
S. 1038 Bill Summary
What S. 1038 actually does.
Missing-person cases get a federal-land marker
S. 1038 requires NamUs to show whether a missing person's last known location was confirmed or suspected to be on covered federal land or in U.S. territorial waters.
Case records must include location details
The new NamUs entry must include any specific details available about the federal land unit or the area of water tied to the person's last known location.
Tracking applies to parks, forests, and some Corps sites
Covered land includes property managed by the Agriculture Department, most land managed by the Interior Department, and land and water resources projects run by the Army Corps of Engineers.
Tribal trust land is excluded from this category
The bill does not count land held in trust for the benefit of an Indian Tribe as covered federal land for this new NamUs label.
Coastal cases are tracked out to 12 nautical miles
The bill applies to the U.S. territorial sea, defined here as waters up to 12 nautical miles from the coast.
Congress gets annual national case counts
The Attorney General must send the Senate and House Judiciary Committees a yearly report counting NamUs cases from the previous calendar year that involved covered federal land or territorial waters.
Who benefits from S. 1038?
Families searching for answers
If your loved one vanished on public land or near the coast, the case would be tagged more clearly in the national system instead of blending into broader missing-person data.
Investigators and search teams
They would get a standardized way to identify cases tied to covered federal land or territorial waters, including whether the location is confirmed or only suspected.
Lawmakers and watchdogs
Congress would receive a yearly national count of these cases, making it easier to spot patterns and ask whether certain locations or agencies need more attention.
Researchers studying disappearance patterns
A new national data field could make it easier to analyze trends across parks, forests, Corps sites, and coastal waters over time.
Who is affected by S. 1038?
Justice Department officials running NamUs
They would have to update the database, collect the new location marker, and prepare annual reports for Congress.
Agencies that manage covered public land
Land managers under Agriculture, Interior, and certain Army Corps projects could see more scrutiny as missing-person cases tied to their jurisdictions become easier to count.
Cases involving tribal trust land
Those cases would not be included under this bill's federal-land category unless another covered location, such as territorial waters, applies.
Missing-person cases near the coast
Disappearances tied to waters within 12 nautical miles of the U.S. coast would be tracked in a consistent national category.
What Congress Is Saying
S. 1038 has come up 15 times in the Congressional Record so far.
S. 1038 also appeared in 1 more Senate floor reference and 4 routine cosponsor filings.
S1038 Legislative Journey
House: Action Taken
Sep 4, 2025
Held at the desk.
Passed
Sep 2, 2025
Passed Senate with an amendment by Unanimous Consent. (consideration: CR S5987; text: CR S5987)
+1 more action this day
Committee Action
Jul 28, 2025
Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
Passed Committee
Jul 24, 2025
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee Action
Mar 13, 2025
Read twice and referred to the Committee on the Judiciary.
About the Sponsor
Thomas Tillis
Republican, NC · 11 years in Congress
Committees: Commission on Security and Cooperation in Europe, Banking, Housing, and Urban Affairs, Veterans' Affairs
View full profile →
Cosponsors (5)
This bill has 5 cosponsors: 4 Democrats, 1 Republican, reflecting bipartisan support. Cosponsors represent 4 states: California, Connecticut, Delaware, and 1 more.
Committee Sponsors
Judiciary Committee
3 of 21 committee members cosponsored
11 Republicans across this committee haven't cosponsored yet. Mobilize their constituents
S. 1038 Quick Facts
- Committee
- Judiciary
- Chamber
- Senate
- Policy
- Crime and Law Enforcement
- Introduced
- Mar 13, 2025
Passed the Senate, received in House
Sep 4, 2025
Official Sources
The official Congress.gov page is the authoritative source for the TRACE Act's text, status, sponsors, and actions.
NamUs is the federal missing-persons database that S. 1038 would require to add a new data field for federal land and territorial waters cases.
The bill's definition of covered federal land includes land and water resources projects administered by the Corps of Engineers.
Most federal land under the administrative jurisdiction of the Secretary of the Interior is covered by the bill's tracking requirement.
This proclamation is cited in the bill text as the basis for the 12-nautical-mile territorial sea definition used in S. 1038.
The Attorney General is responsible for implementing the bill's NamUs data-field requirement and annual reporting to Congress.
S. 1038 Common Questions
What does S. 1038 actually do?
It makes NamUs add a marker for cases where a missing person's last known location was confirmed or suspected to be on covered federal land or in U.S. territorial waters.
Does S. 1038 create a new crime or penalty?
No. S. 1038 is a tracking and reporting bill. It updates the missing-person database and requires annual reports to Congress.
Which federal lands are covered?
It covers land managed by the Agriculture Department, most land managed by the Interior Department, and certain Army Corps of Engineers land and water projects.
Are tribal trust lands included?
No. The bill excludes land held in trust for the benefit of an Indian Tribe from its federal-land definition.
How far offshore does S. 1038 apply?
It applies to U.S. territorial waters out to 12 nautical miles from the coast.
Does the location have to be confirmed?
No. The NamUs entry can be used when the last known location was confirmed or only suspected to be on covered federal land or in territorial waters.
What would Congress get under S. 1038?
A yearly report with the number of NamUs cases from the previous calendar year that involved a last known location on covered federal land or in territorial waters.
Does S. 1038 provide new funding for searches?
No new funding is specified in the bill text provided. The main change is better case tagging in NamUs and annual reporting to Congress.
Based on S. 1038 bill text
S. 1038 Bill Text
“To direct the Attorney General to include a data field in the National Missing and Unidentified Persons System to indicate whether the last known location of a missing person was confirmed or was suspected to have been on Federal land, and for other purposes.”
Source: U.S. Government Publishing Office
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