Overview
Title
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.
ELI5 AI
Imagine a system that helps find people who are lost. This bill wants to make it better by adding a special note if a lost person was last seen in a park or big open area that belongs to the country.
Summary AI
S. 1038, also known as the “Tracking and Reporting Absent Community-Members Everywhere Act” or the “TRACE Act,” aims to improve the tracking of missing persons whose last known location is on Federal land. It requires the Attorney General to add a new data field in the National Missing and Unidentified Persons System to indicate if the last known location of a missing person was confirmed or suspected to be on Federal land. The bill also mandates an annual report from the Attorney General to Congress, detailing the number of cases where the missing person's last known location was on Federal land. This initiative seeks to enhance data collection and streamline efforts in locating missing persons in such areas.
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AnalysisAI
The bill, known as the "Tracking and Reporting Absent Community-Members Everywhere Act" or the "TRACE Act," aims to enhance the National Missing and Unidentified Persons System. It intends to include a new data field to specify if a missing person's last known location was on federal land. Additionally, the Act mandates annual reporting to Congress on the number of such cases, with reporting beginning in the second year after the bill’s enactment.
General Summary
Purpose:
The TRACE Act directs the Attorney General to update the National Missing and Unidentified Persons System with a field indicating whether a missing individual's last known whereabouts were confirmed or suspected to be on federal land. The bill requires annual reports to Congress on cases related to federal land.
Definitions:
- Attorney General: Refers to the Attorney General acting through the Director of the National Institute of Justice.
- Federal Land: Encompasses lands under the jurisdiction of the Departments of Agriculture, Interior, and, in limited circumstances, Defense.
Significant Issues
While the bill seeks to improve data collection related to missing persons, several significant issues arise:
Ambiguity in Definitions:
The definitions of "Attorney General" and "Federal Land" could create confusion. The term "Attorney General" includes actions through another official, potentially causing unclear division of responsibilities. Similarly, the term "Federal Land" has specific exclusions that may lead to misunderstandings, particularly concerning lands managed by the Secretary of the Interior.Data Collection and Reporting Challenges:
Section 3 lacks clarity on how data on last known locations will be accurately determined, which could lead to inconsistent data entry. Furthermore, there is no oversight or review mechanism to ensure data reliability.Reporting Complexity and Accountability:
The requirement for the Attorney General to report annually begins with the phrase "the second calendar year that begins after the date of enactment," which is unnecessarily complicated and could be misinterpreted. There are also no outlined consequences for failing to meet reporting deadlines, nor is there clarity on resource allocation to support these reporting requirements.
Public and Stakeholder Impact
Broad Public Impact:
The bill has the potential to benefit the general public by improving data transparency and potentially aiding in the resolution of missing persons cases. By highlighting cases where a disappearance occurred on federal land, it could help prioritize search efforts and bring additional resources to these cases.
Specific Stakeholders:
Law Enforcement Agencies:
The inclusion of a federal land data point could assist law enforcement agencies in refining their search and investigative efforts. However, unclear implementation responsibilities might introduce inefficiencies or confusion.Federal Administrators:
Federal authorities, particularly those managing public lands, might encounter increased obligations to assist with data verification and resource deployment.Families of Missing Persons:
For families, the enhanced system might offer more precise information about their loved ones' cases, providing some clarity and guiding further action. However, any delays or inaccuracies due to implementation issues could be a point of frustration.Federal Agencies:
Agencies like the Department of Justice and those managing lands could face increased responsibilities and require additional resources to ensure compliance with the Act’s provisions.
In conclusion, while the TRACE Act proposes enhancements that could benefit missing persons investigations, it must address ambiguities and potential resource gaps to be effectively implemented and useful.
Issues
The bill lacks specificity on procedures or criteria for determining whether the last known location was on Federal land. This ambiguity in Section 3 could lead to inconsistent application and reporting, affecting the bill's effectiveness and reliability.
Section 4 could lead to confusion regarding the timeline for the report submission. The phrase 'Not later than January 15 of the second calendar year that begins after the date of enactment of this Act' is overly complex and may lead to misinterpretation, making it difficult to comply with deadlines.
The definition of 'Federal land' in Section 2 includes specific exclusions and administrative jurisdictions, which might lead to ambiguity or misinterpretation, especially concerning exceptions outlined for the Secretary of the Interior.
The bill does not outline who is responsible for implementing or updating information within the National Missing and Unidentified Persons System in Section 3. This lack of clarity on assignment of responsibilities could hinder the effective implementation of the bill.
There is a lack of oversight or review mechanisms mentioned in Section 3 to ensure the accuracy and reliability of the data field related to Federal land. This absence could result in unverified or incorrect data.
The bill in Section 4 does not specify any accountability measures if the Attorney General fails to submit the report on time. Establishing consequences or follow-up actions could bolster compliance and accountability.
There is no mention of resources or support for compiling and submitting the reports as required by Section 4, which might lead to questions about the adequacy of resources to fulfill this legislative requirement.
Section 3 does not mention potential costs or budgetary implications for adding and maintaining the new data field, which may affect financial planning and resource allocation.
The definition of 'Attorney General' in Section 2 could lead to ambiguity as it refers to action through the Director of the National Institute of Justice, potentially implying shared responsibilities.
The requirement to submit the report 'annually thereafter' in Section 4 could be interpreted ambiguously without specifying for how long this obligation continues. It is unclear if this is an indefinite requirement or one bound to a certain number of years.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act provides its official name, which can be referred to as the “Tracking and Reporting Absent Community-Members Everywhere Act” or simply the “TRACE Act”.
2. Definitions Read Opens in new tab
Summary AI
The section provides definitions for two terms: Attorney General, referring to the Attorney General acting through the Director of the National Institute of Justice, and Federal land, meaning land owned by the United States and managed by different Secretaries, excluding certain lands held for the benefit of Indian Tribes.
3. Data field in the National Missing and Unidentified Persons System related to Federal land Read Opens in new tab
Summary AI
The Attorney General is required to add a feature to the National Missing and Unidentified Persons System that shows if a missing person's last known location was on Federal land, including details about the specific area on that land.
4. Report Read Opens in new tab
Summary AI
The Attorney General is required to send a report every year to specific Senate and House committees, starting by January 15 of the second year after this law is enacted. This report will detail the number of missing persons cases from the previous year where the last known location was on Federal land.