[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3359 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 207
117th CONGRESS
  2d Session
                                H. R. 3359

                          [Report No. 117-280]

   To provide for a system for reviewing the case files of cold case 
  murders at the instance of certain persons, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2021

  Mr. Swalwell (for himself and Mr. McCaul) introduced the following 
       bill; which was referred to the Committee on the Judiciary

                             March 28, 2022

  Additional sponsors: Ms. Eshoo, Mr. Lieu, Ms. Escobar, Mr. Gallego, 
  Mrs. Demings, Ms. Sewell, Ms. Pressley, Mr. Stanton, Mr. Costa, Ms. 
 Ross, Ms. Sherrill, Ms. Garcia of Texas, Ms. Jackson Lee, Mr. Correa, 
              Mr. Fitzpatrick, and Ms. Williams of Georgia

                             March 28, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 19, 
                                 2021]


_______________________________________________________________________

                                 A BILL


 
   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 
        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 testing might produce 
        information relevant to the investigation; 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 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.
    (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 
        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 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 
analyzing 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 reinvestigation 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 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 person'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 statistics 
on the number of cold case murders.
    (b) Manner of Publication.--The statistics published pursuant to 
subsection (a) shall, at a minimum, be disaggregated by the 
circumstances of the cold case murder, 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 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 subsection (a) 
shall--
            (1) designate an administrative authority within the agency 
        to receive and investigate complaints relating to a review 
        initiated 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, 
        responsibilities, 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 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 reinvestigation 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.

SEC. 12. DEFINITIONS.

    In this Act:
            (1) The term ``designated person'' means an immediate 
        family member or someone similarly situated, as defined by the 
        Attorney General.
            (2) The term ``immediate family member'' means a parent, 
        parent-in-law, grandparent, grandparent-in-law, sibling, 
        spouse, child, or step-child of a murder victim.
            (3) The term ``victim'' means a natural person who died as 
        a result of a cold case murder.
            (4) The term ``murder'' means any criminal offense under 
        section 1111(a) of title 18, United States Code, or any offense 
        the elements of which are substantially identical to such 
        section.
            (5) The term ``agency'' means a Federal law enforcement 
        entity with jurisdiction to engage in the detection, 
        investigation, or prosecution of a cold case murder.
            (6) The term ``cold case murder'' means a murder--
                    (A) committed more than three years prior to the 
                date of an application by a designated person under 
                section 2(a);
                    (B) previously investigated by a Federal law 
                enforcement entity;
                    (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 annual report to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate describing actions 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.
                                                 Union Calendar No. 207

117th CONGRESS

  2d Session

                               H. R. 3359

                          [Report No. 117-280]

_______________________________________________________________________

                                 A BILL

   To provide for a system for reviewing the case files of cold case 
  murders at the instance of certain persons, and for other purposes.

_______________________________________________________________________

                             March 28, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed