H. R. 3359 
One Hundred Seventeenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Monday, 
the third day of January, two thousand and twenty-two 
An Act 
To provide for a system for reviewing the case files of cold case murders at the 
instance of certain persons, 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 ‘‘Homicide Victims’ Families’ 
Rights Act of 2021’’. 
SEC. 2. CASE FILE REVIEW. 
(a) IN GENERAL.—The head of an agency shall review the 
case file regarding a cold case murder upon written application 
by one designated person to determine if a full reinvestigation 
would result in either the identification of probative investigative 
leads or a likely perpetrator. 
(b) REVIEW.—The review under subsection (a) shall include— 
(1) an analysis of what investigative steps or follow-up 
steps may have been missed in the initial investigation; 
(2) an assessment of whether witnesses should be inter-
viewed or reinterviewed; 
(3) an examination of physical evidence to see if all appro-
priate forensic testing and analysis was performed in the first 
instance or if additional testing might produce information 
relevant to the investigation; and 
(4) an update of the case file using the most current inves-
tigative standards as of the date of the review to the extent 
it would help develop probative leads. 
(c) CERTIFICATION IN LIEU OF REVIEW.—In any case in which 
a written application for review has been received under this Act 
by the agency, review shall be unnecessary where the case does 
not satisfy the criteria for a cold case murder. In such a case, 
the head of the agency shall issue a written certification, with 
a copy provided to the designated person that made the application 
under subsection (a), stating that final review is not necessary 
because all probative investigative leads have been exhausted or 
that a likely perpetrator will not be identified. 
(d) REVIEWER.—A review required under subsection (a) shall 
not be conducted by a person who previously investigated the 
murder at issue. 
(e) ACKNOWLEDGMENT.—The agency shall provide in writing 
to the applicant as soon as reasonably possible— 
(1) confirmation of the agency’s receipt of the application 
under subsection (a); and 
(2) notice of the applicant’s rights under this Act.
H. R. 3359—2 
(f) PROHIBITION
ON MULTIPLE CONCURRENT REVIEWS.—Only 
one case review shall be undertaken at any one time with respect 
to the same cold case murder victim. 
(g) TIME LIMIT.—Not later than 6 months after the receipt 
of the written application submitted pursuant to subsection (a), 
the agency shall conclude its case file review and reach a conclusion 
about whether or not a full reinvestigation under section 4 is 
warranted. 
(h) EXTENSIONS.— 
(1) IN GENERAL.—The agency may extend the time limit 
under subsection (g) once for a period of time not to exceed 
6 months if the agency makes a finding that the number 
of case files to be reviewed make it impracticable to comply 
with such limit without unreasonably taking resources from 
other law enforcement activities. 
(2) ACTIONS SUBSEQUENT TO WAIVER.—For cases for which 
the time limit in subsection (g) is extended, the agency shall 
provide notice and an explanation of its reasoning to one des-
ignated person who filed the written application pursuant to 
this section. 
SEC. 3. APPLICATION. 
Each agency shall develop a written application to be used 
for designated persons to request a case file review under section 
2. 
SEC. 4. FULL REINVESTIGATION. 
(a) IN GENERAL.—The agency shall conduct a full reinvestiga-
tion of the cold case murder at issue if the review of the case 
file required by section 2 concludes that a full reinvestigation of 
such cold case murder would result in probative investigative leads. 
(b) REINVESTIGATION.—A full reinvestigation shall include ana-
lyzing all evidence regarding the cold case murder at issue for 
the purpose of developing probative investigative leads or a likely 
perpetrator. 
(c) REVIEWER.—A reinvestigation required under subsection (a) 
shall not be conducted by a person who previously investigated 
the murder at issue. 
(d) PROHIBITION ON MULTIPLE CONCURRENT REVIEWS.—Only 
one full reinvestigation shall be undertaken at any one time with 
respect to the same cold case murder victim. 
SEC. 5. CONSULTATION AND UPDATES. 
(a) IN GENERAL.—The agency shall consult with the designated 
person who filed the written application pursuant to section 2 
and provide him or her with periodic updates during the case 
file review and full reinvestigation. 
(b) EXPLANATION OF CONCLUSION.—The agency shall meet with 
the designated person and discuss the evidence to explain to the 
designated person who filed the written application pursuant to 
section 2 its decision whether or not to engage in the full reinves-
tigation provided for under section 4 at the conclusion of the case 
file review. 
SEC. 6. SUBSEQUENT REVIEWS. 
(a) CASE FILE REVIEW.—If a review under subsection (a) case 
file regarding a cold case murder is conducted and a conclusion 
is reached not to conduct a full reinvestigation, no additional case
H. R. 3359—3 
file review shall be required to be undertaken under this Act 
with respect to that cold case murder for a period of five years, 
unless there is newly discovered, materially significant evidence. 
An agency may continue an investigation absent a designated per-
son’s application. 
(b) FULL REINVESTIGATION.—If a full reinvestigation of a cold 
case murder is completed and a suspect is not identified at its 
conclusion, no additional case file review or full reinvestigation 
shall be undertaken with regard to that cold case murder for 
a period of five years beginning on the date of the conclusion 
of the reinvestigation, unless there is newly discovered, materially 
significant evidence. 
SEC. 7. DATA COLLECTION. 
(a) IN GENERAL.—Beginning on the date that is three years 
after the date of enactment of this Act, and annually thereafter, 
the Director of the National Institute of Justice shall publish statis-
tics on the number of cold case murders. 
(b) MANNER OF PUBLICATION.—The statistics published pursu-
ant to subsection (a) shall, at a minimum, be disaggregated by 
the circumstances of the cold case murder, including the classifica-
tion of the offense, and by agency. 
SEC. 8. PROCEDURES TO PROMOTE COMPLIANCE. 
(a) REGULATIONS.—Not later than one year after the date of 
enactment of this Act, the head of each agency shall promulgate 
regulations to enforce the right of a designated person to request 
a review under this Act and to ensure compliance by the agency 
with the obligations described in this Act. 
(b) PROCEDURES.—The regulations promulgated under sub-
section (a) shall— 
(1) designate an administrative authority within the agency 
to receive and investigate complaints relating to a review initi-
ated under section 2 or a reinvestigation initiated under section 
4; 
(2) require a course of training for appropriate employees 
and officers within the agency regarding the procedures, respon-
sibilities, and obligations required under this Act; 
(3) contain disciplinary sanctions, which may include 
suspension or termination from employment, for employees of 
the agency who are shown to have willfully or wantonly failed 
to comply with this Act; 
(4) provide a procedure for the resolution of complaints 
filed by the designated person concerning the agency’s handling 
of a cold case murder investigation or the case file evaluation; 
and 
(5) provide that the head of the agency, or the designee 
thereof, shall be the final arbiter of the complaint, and that 
there shall be no judicial review of the final decision of the 
head of the agency by a complainant. 
SEC. 9. WITHHOLDING INFORMATION. 
Nothing in this Act shall require an agency to provide informa-
tion that would endanger the safety of any person, unreasonably 
impede an ongoing investigation, violate a court order, or violate 
legal obligations regarding privacy.