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 re-
view the case file regarding a cold case murder upon writ-
ten application by one designated person to determine if 
a full reinvestigation would result in either the identifica-
tion 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 interviewed or reinterviewed; 
(3) an examination of physical evidence to see 
if all appropriate forensic testing and analysis was 
performed in the first instance or if additional test-
ing might produce information relevant to the inves-
tigation; and 
(4) an update of the case file using the most 
current investigative 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 un-
necessary 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 ex-
hausted 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 in-
vestigated the murder at issue. 
(e) ACKNOWLEDGMENT.—The agency shall provide 
in writing to the applicant as soon as reasonably pos-
sible— 
(1) confirmation of the agency’s receipt of the 
application under subsection (a); and 
(2) notice of the applicant’s rights under this 
Act. 
(f) PROHIBITION ON MULTIPLE CONCURRENT RE-
VIEWS.—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 re-
view 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 ex-
tended, the agency shall provide notice and an expla-
nation of its reasoning to one designated 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 
reinvestigation of the cold case murder at issue if the re-
view 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 analyzing all evidence regarding the cold case mur-
der at issue for the purpose of developing probative inves-
tigative leads or a likely perpetrator. 
(c) REVIEWER.—A reinvestigation required under 
subsection (a) shall not be conducted by a person who pre-
viously investigated the murder at issue. 
(d) PROHIBITION ON MULTIPLE CONCURRENT RE-
VIEWS.—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 pursu-
ant to section 2 and provide him or her with periodic up-
dates during the case file review and full reinvestigation. 
(b) EXPLANATION
OF CONCLUSION.—The agency 
shall meet with the designated person and discuss the evi-
dence 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 reinvestigation pro-
vided for under section 4 at the conclusion of the case 
file review.
SEC. 6. SUBSEQUENT REVIEWS. 
(a) CASE FILE REVIEW.—If a review under sub-
section (a) case file regarding a cold case murder is con-
ducted and a conclusion is reached not to conduct a full 
reinvestigation, no additional case file review shall be re-
quired 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 des-
ignated person’s application. 
(b) FULL REINVESTIGATION.—If a full reinvestiga-
tion of a cold case murder is completed and a suspect is 
not identified at its conclusion, no additional case file re-
view or full reinvestigation shall be undertaken with re-
gard to that cold case murder for a period of five years 
beginning on the date of the conclusion of the reinvestiga-
tion, unless there is newly discovered, materially signifi-
cant 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 statistics on the number of cold 
case murders. 
(b) MANNER OF PUBLICATION.—The statistics pub-
lished pursuant to subsection (a) shall, at a minimum, be
disaggregated by the circumstances of the cold case mur-
der, including the classification 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 des-
ignated person to request a review under this Act and to 
ensure compliance by the agency with the obligations de-
scribed in this Act. 
(b) PROCEDURES.—The regulations promulgated 
under subsection (a) shall— 
(1) designate an administrative authority within 
the agency to receive and investigate complaints re-
lating to a review initiated under section 2 or a re-
investigation initiated under section 4; 
(2) require a course of training for appropriate 
employees and officers within the agency regarding 
the procedures, responsibilities, and obligations re-
quired 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 inves-
tigation 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 
information that would endanger the safety of any person, 
unreasonably impede an ongoing investigation, violate a 
court order, or violate legal obligations regarding privacy. 
SEC. 10. MULTIPLE AGENCIES. 
In the case that more than one agency conducted the 
initial investigation of a cold case murder, each agency 
shall coordinate their case file review or full reinvestiga-
tion such that there is only one joint case file review or 
full reinvestigation occurring at a time in compliance with 
section 2(f) or 4(d), as applicable. 
SEC. 11. APPLICABILITY. 
This Act applies in the case of any cold case murder 
occurring on or after January 1, 1970.
(C) for which all probative investigative 
leads have been exhausted; and 
(D) for which no likely perpetrator has 
been identified. 
SEC. 13. ANNUAL REPORT. 
(a) IN GENERAL.—Each agency shall submit an an-
nual report to the Committees on the Judiciary of the 
House of Representatives and of the Senate describing ac-
tions taken and results achieved under this Act during the 
previous year. 
(b) REPORT DESCRIBED.—The report described in 
subsection (a) shall include— 
(1) the number of written applications filed 
with the agency pursuant to section 2(a); 
(2) the number of extensions granted, and an 
explanation of reasons provided under section 2(h); 
(3) the number of full reinvestigations initiated 
and closed pursuant to section 4; and 
(4) statistics and individualized information on 
topics that include identified suspects, arrests,
charges, and convictions for reviews under section 2 
and reinvestigations under section 4. 
Passed the House of Representatives March 29, 
2022. 
Attest: 
Clerk.
117TH CONGRESS 
2D SESSION 
H. R. 3359 
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.