[Congressional Record Volume 168, Number 54 (Monday, March 28, 2022)]
[House]
[Pages H3875-H3880]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             HOMICIDE VICTIMS' FAMILIES' RIGHTS ACT OF 2021

  Ms. JACKSON LEE. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 3359) to provide for a system for reviewing the case 
files of cold case murders at the instance of certain persons, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3359

       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--

[[Page H3876]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Texas (Ms. Jackson Lee) and the gentleman from Oregon (Mr. Bentz) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.


                             General Leave

  Ms. JACKSON LEE. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I support H.R. 3359, the Homicide Victims' Families' 
Rights Act of 2021, and urge my colleagues to support this bipartisan 
legislation, which establishes a procedure for families of murder 
victims in cases investigated at the Federal level to continue to 
pursue justice for their murdered family member when the trail has gone 
cold. There is nothing more devastating for a family to live without 
answers in the midst of a violent death of their loved one.
  This legislation gives a designated family member the right to 
request a review of their murdered loved one's case file after 3 years. 
Unfortunately, 4 out of 10 murder victims' families in this country 
never receive any closure in the loss of their family member.
  FBI data shows the percentage of homicides cleared by an arrest or 
other means has declined significantly from 1965 to today, while the 
number of unsolved homicides grows by the thousands nationwide every 
year.
  In 2019, four Texas cities cleared 40 percent or less of reported 
homicides, according to the FBI statistics. Low clearance rates lead to 
low confidence in law enforcement and reduce citizen cooperation, which 
led to even lower clearance rates. The backlog of cases and low 
clearance rates disproportionately affect murder victims who are poor, 
undereducated, unemployed, and Black, and without resources to pursue 
this with a private investigator or with an extended legal team. They 
are left to their own devices. Mr. Speaker, you know what that is, 
remorse, sadness, devastation, family breaks-ups, loss that can never 
be repaired.
  Poor Black and Brown victims and their families tend to receive less 
attention to their cases from law enforcement than those of other 
socioeconomic backgrounds and racial groups, and their cases go 
unsolved. This, of course, however, impacts Americans across the board. 
The pain is deep without easing, without ceasing. This legislation is 
important. This disparate treatment is unacceptable as well. We can and 
we must provide justice for all victims and their families.
  Mr. Speaker, I hope this legislation will set a new tone--eliminating 
disparate treatment--impacting vulnerable communities of poor Black and 
Brown families who never receive closure, while serving as a model for 
State, local, and Tribal governments where the vast majority of 
unsolved murders lie, and as well, help all Americans no matter what 
their condition and station in life and no matter where they live.
  H.R. 3359 will require Federal law enforcement agencies to use fresh 
eyes--and I have seen this actually work--to complete a case file, 
review, and determine if a full reinvestigation could lead to new 
probative investigative leads.
  This legislation will encourage equitable treatment of victims and 
their families by requiring that Federal law enforcement, including the 
victims' families in the case file review and reinvestigation process. 
That means notifying them and giving them hope; provide written 
certification to a designated family member if a final review is not 
necessary; update that family member throughout the case file review 
and full reinvestigation; and meet with and discuss the evidence with 
that family member if a full reinvestigation is not pursued.
  There is nothing like closure. It has been shown that cold case 
investigations can be very effective by using agents and investigators 
who have never worked the cases before, and by deploying up-to-date 
investigative techniques. Cold case investigations help take violent 
criminals off the street and to bring closure.
  Let me take note of the fact that the Judiciary Committee as a whole 
is very active in pursuing the issue of cold cases to the extent that 
this Department of Justice has established a unit that works on it. I 
would say, however, an infusion of energy and excitement and 
utilization of this effort would be welcomed because this is an 
important message and effort for our families.
  In 2010, the FBI and a cold case detective began a joint 
reexamination of the death of Ellen Beason in 1985, whose remains were 
found south of Houston in an area called the killing fields. Almost 30 
years later, the cold case detective requested x-rays of the body which 
showed that the woman's skull had been cracked on both sides from a 
forceful blow. Her body had never been x-rayed.
  The main suspect in the murder was finally convicted of involuntary 
manslaughter in 2014. He was sentenced to 20 years in prison, and was 
named as the leading suspect in the murder of other women found in the 
killing fields, though he was never charged.
  H.R. 3359 mandates that a law enforcement agency must conduct a full 
reinvestigation like the one that brought justice to Ellen Beason's 
family if probative investigative leads result from a full 
investigation. How necessary this is for mourning and very, very 
devastated families.
  This bipartisan legislation represents an important step in fostering 
renewed hope for families and is supported by a broad array of 
advocates, including the Federal Law Enforcement Officers Association, 
the National Organization of Parents of Murdered Children, the National 
Coalition Against Domestic Violence, and the Association of Prosecuting 
Attorneys.
  Mr. Speaker, I am so grateful to Congressman Eric Swalwell, a member 
of the House Judiciary Committee, for his passion on this issue and his 
astute continued effort on this bipartisan bill that will bring light 
and hope to families of victims who seek justice for their loved ones.

  Mr. Speaker, I ask my colleagues to join me in supporting this bill 
today, and I reserve the balance of my time.
  Mr. BENTZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 3359, the Homicide Victims' 
Families' Rights Act of 2021. This bill creates a process for relatives 
of homicide victims to request that Federal agencies rereview the case 
of their lost family member once the case has gone cold.
  To be clear, this bill would only apply to Federal cases of murder, 
and it wouldn't apply to murder cases investigated by State and local 
law enforcement, which are most cases.
  The majority of cold cases at issue under this bill are likely to be 
cases arising from Tribal jurisdictions. Fortunately, President Trump 
already took steps to try to solve cold cases in Tribal jurisdictions. 
In November of 2019, President Trump signed an executive order to 
create the Operation Lady Justice Task Force.
  In its first year, this task force opened seven offices across the 
country to address the number of missing and murdered indigenous women. 
The task force held listening sessions, Tribal consultations, webinars, 
meetings with law enforcement, and victims' services programs, and 
formed domestic violence and sexual assault coalitions.

[[Page H3877]]

  The task force put out guidance and protocols, developed 
relationships with entities like missing persons clearinghouses, began 
training for investigators and volunteers, and started a public 
awareness campaign. This was all in 2020.
  This legislation is cut from similar cloth as President Trump's 
executive order creating that task force. Hopefully, it will motivate 
the Biden administration to continue President Trump's good work.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield 5 minutes to the gentleman from 
California (Mr. Swalwell), the author and leader of this bill. I thank 
him so much for his very astute leadership.
  Mr. SWALWELL. Mr. Speaker, I thank the gentlewoman for her continued 
leadership in this area and the gentleman from Oregon for his support.
  Mr. Speaker, this legislation plainly says and will plainly make so 
that the sun will never set on justice for victims of homicides and 
their families seeking closure.
  I want to thank the chairman and ranking member for their unanimous 
support of my bill, H.R. 3359, the Homicide Victims' Families' Rights 
Act of 2021. I really appreciate the majority leader and the Speaker 
for allowing this measure to be considered before the floor today.
  I also want to thank my co-lead on this legislation, former Federal 
prosecutor, Congressman  Mike McCaul from Texas, for his dedication to 
bringing justice to victims of unsolved homicides. His perspective, 
having served in the Federal courts, brought with him a wealth of 
knowledge on criminal investigations at both the State and Federal 
level.
  I also want to acknowledge former Assistant United States Attorney 
from the District of Columbia, Glenn Kirschner, who worked with my 
office, after spending many years serving as a prosecutor in the 
District of Columbia to detail the pain and suffering that far too many 
families face when they see their loved ones' cases go unsolved. Mr. 
Kirschner's expertise has been invaluable as I drafted this legislation 
to ensure no victim is forgotten.
  I also have relied upon my own experience as a prosecutor, knowing 
that no jury verdict, no criminal sentence can bring back to life a 
lost loved one. However, I have been in the courtroom when a guilty 
verdict is delivered in a murder case and I have seen the closure that 
the families experience when that occurs for them.
  I have also met with a number of families where they have not yet 
seen their family member's killer brought to justice. There is a marked 
difference. This revitalizes the review and reinvestigation processes 
for cold case homicide files. Upon request by a loved one or a family 
member 3 years after a case goes cold, my legislation requires a 
complete reexamination of the file and accompanying evidence, new or 
renewed interviews with potential subjects and witnesses and other 
methods to identify possible missteps.

                              {time}  1715

  Improvements in technology, resources, and evidence-based techniques 
will also better equip law enforcement agencies with tools they need to 
review files under a novel lens, one that would assist in identifying 
new leads and witnesses to solve crimes and obtain justice that 
victims' families and loved ones so rightfully deserve.
  It also assists investigators in homicide cases that serve important 
underserved communities such as Native Americans on Indian 
Reservations, Federal law enforcement officers killed in action, U.S. 
citizens who are murdered abroad, or homicides that take place on 
Federal land and the high seas.
  It will also serve as a crucial model for the States to look at a 
Federal law that could inspire in their own States, the ability to 
adopt a local Homicide Victims Bill of Rights.
  This law enforcement with additional disaggregated and detailed 
information about cold case homicides that will assist agencies across 
State lines to help triangulate homicide trends and investigate and 
identify new leads. Valuable information, combined with existing 
commitments toward finding justice for unsolved murders, has led to 
full endorsements of my bill by both advocacy groups and law 
enforcement associations alike.
  The need for this bill is great. And every year, countless homicides 
leave mothers and fathers without children, spouses widowed, and sons 
and daughters without parents. The crimes spare no one, whether it is 
the unfortunate victim, or the family member who is left with lasting 
shock, turmoil, and grief. And after all, murder never discriminates, 
nor does it prioritize.
  Special care is especially needed for cold case crimes. The FBI 
Uniform Crime Report estimates 250,000 homicides cases are unsolved. 
And as of today, we have more than 3,000 unsolved homicide cases right 
here in our own Nation's Capital. The number of unsolved homicides that 
eventually attain cold-case status increases each year by an average of 
6,000.
  That is why I am urging my friends on both sides of the aisle to 
swiftly pass H.R. 3359, and to join our colleagues on the Judiciary 
Committee who unanimously supported the passage of this legislation.
  Mr. BENTZ. Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, it is my pleasure to yield 2 minutes to 
the distinguished gentleman from Rhode Island (Mr. Cicilline), a member 
of the Judiciary Committee.
  Mr. CICILLINE. Mr. Speaker, I thank the gentlewoman for yielding.
  I rise today in strong support of the Homicide Victims' Families' 
Rights Act, legislation that will help tackle the backlog of cold cases 
and bring long overdue justice to more than a quarter of a million 
unresolved or unsolved murder cases.
  It is estimated that every murder victim leaves behind more than four 
family members. This means that more than a million grieving loved 
ones, families, friends, and communities, are still waiting for 
answers.
  And this is not just a problem in older cases. In 2017, the FBI 
Uniform Crime Report estimated that across all levels of law 
enforcement, investigators were only able to close 62 percent of murder 
cases. We can help remedy this with the Homicide Victims' Families' 
Rights Act.
  This bill empowers families by affording them the right to have their 
loved ones' homicide cases examined by a Federal investigator to see if 
the case should be reinvestigated.
  This is an important review process to establish, especially since 
our technological and scientific investigation techniques are 
constantly evolving and being improved, providing law enforcement new 
tools to investigate even the oldest of cold cases.
  This is a straightforward, smart bill that will hopefully bring peace 
to victims' loved ones who are too often left in the dark.
  I want to thank my friend and colleague, Congressman Swalwell, for 
his extraordinary leadership on this bipartisan bill and encourage all 
my colleagues to join me in voting ``yes.''
  Mr. Speaker, I include in the Record a national victims' organization 
group coalition letter of support; individual letters of support from 
The American Investigative Society of Cold Cases, Parents of Murdered 
Children, Inc., and Murder Accountability Project; and individual 
letters of support from the Association of Prosecuting Attorneys, and 
the Federal Law Enforcement Officers Association.
                                                 December 6, 2021.
     Re Support the Homicide Victims' Families Rights Act.

     Chairman Jerrold Nadler,
     House Judiciary Committee,
     Washington, DC.
     Ranking Member Jim Jordan,
     House Judiciary Committee,
     Washington DC.
       Dear Chairman Nadler and Ranking Member Jordan: The 
     undersigned organizations strongly support the bipartisan 
     Homicide Victims' Families Rights Act (HVFRA). It is our 
     understanding that this legislation, which is introduced by 
     Representatives Eric Swalwell (CA-15) and Michael McCaul (TX-
     10), is being considered before your committee.
       Violent homicides affect so many more lives that just the 
     victim. The undersigned organizations all provide essential 
     resources to families and loved one of homicide cases by 
     engaging in ongoing emotional support, education, prevention, 
     advocacy, and awareness. We provide continued support to 
     survivors during the devastation and helplessness they 
     constantly feel while waiting for justice and closure for the 
     murder of their loved ones.
       HVFRA would expand rights to the families and loved ones in 
     federal cases by requiring reviews and reinvestigations of 
     cold case

[[Page H3878]]

     homicides. HVFRA would also provide relevant resources to law 
     enforcement agencies by updating and categorizing the types 
     of crimes that lead to homicide, cold cases. With our 
     collective goals towards supporting families and loved ones 
     who seek justice for unsolved, crimes, we collectively agree 
     that HVFRA will provide important resources which will 
     provide justice.
       The HVFRA assists families and loved ones of homicide 
     victims by:
       Reinvigorating reviews of cold case murders files. Reviews 
     are initiated upon request by a loved one or family member 
     three years after a case goes ``cold.'' A case is ``cold'' if 
     no suspect is readily identifiable and all leads have been 
     exhausted.
       Providing a full reinvestigation using the most up-to-date 
     technologies and investigative standards. Following a review 
     request, if law enforcement concludes that new probative 
     investigative leads would result, a full re-analysis must be 
     undertaken. This includes a complete review of the file and 
     accompanying evidence, new or renewed interviews with 
     potential subjects and witnesses, and other methods to 
     identify possible missed steps.
       Increasing transparency in national crime databases. The 
     National Institute of Justice would annually publish detailed 
     statistics on the number of cold cases, aggregated by the 
     types of associated crimes and agency. This information will 
     assist law enforcement agencies across state lines to help 
     identify trends and hopefully find new leads.
       Ensuring reviews and reinvestigations are working. Federal 
     law enforcement agencies would be required to provide annual 
     reports to Congress on what is working and what is not 
     working with new investigations. This will aide in ensuring 
     that programs are biased towards assisting family members and 
     loved ones find justice.
       The undersigned organizations proudly support the HVFRA. 
     This important legislation is completely aligned with our 
     collective commitment towards assisting those who suffer 
     following a cold case homicide. It is our hope that the House 
     Judiciary Committee will promptly markup this legislation so 
     that it can be received before the full House floor for swift 
     passage.
           Sincerely,
       American Investigative Society of Cold Cases.
       Murder Accountability Project.
       National Coalition Against Domestic Violence.
       National Organization for Victim Assistance.
       Parents of Murdered Children, Inc.
       Project: Cold Case.
       Uncovered.
                                  ____

                                 Washington, DC, December 3, 2021.
     Re Support the Homicide Victims' Families Rights Act.
     Chairman Jerrold Nadler,
     House Judiciary Committee, Washington, DC.
     Ranking Member Jim Jordan,
     House Judiciary Committee, Washington, DC.
       Dear Chairman Nadler and Ranking Member Jordan: The 
     American Investigative Society of Cold Cases strongly 
     supports the bipartisan Homicide Victims' Families Rights Act 
     (HVFRA). It is our understanding that this legislation, which 
     is introduced by Representatives Eric Swalwell (CA-15) and 
     Michael McCaul (TX-10), is being considered before your 
     committee.
       Violent homicides affect so many more lives than just the 
     victim. The undersigned organization provides essential 
     resources to families and loved one of homicide cases by 
     engaging in on-going emotional support, education, 
     prevention, advocacy, and awareness. We provide continued 
     support to survivors during the devastation and helplessness 
     they constantly feel while waiting .for justice and closure 
     for the murder of their loved ones.
       HVFRA Would expand rights to the families and loved ones in 
     federal cases by requiring reviews and reinvestigations of 
     cold case homicides. HVFRA would also jxovide relevant 
     resources to law enforcement agencies by updating and 
     categorizing the types of crimes that lead to homicide cold 
     cases. With our collective goals towards supporting families 
     and loved ones who seek jOsH cbe for unsolved crimes, we 
     collectively agree that HVFRA will provide important 
     resources WhiCh will provide justice.
       The HVFRA assists families and loved ones of homicide 
     victims by:
       Reinvigorating reviews of cold case murders files. Reviews 
     are initiated upon request by a loved one or family member 
     three years after a case goes ``cold.'' A case is ``cold'' if 
     no suspect is readily identifiable and all leads have been 
     exhausted.
       Providing a full reinvestigation using the most up-to-date 
     technologies and investigative standards. Following a review 
     request, if law enforcement concludes that new probative 
     investigative leads would result, a full re-analysis must be 
     undertaken. This includes a complete review of the file and 
     accompanying evidence, new or renewed interviews with 
     potential subjects and witnesses, and other methods to 
     identify possible missed steps.
       Increasing transparency in national crime databases. The 
     National Institute of Justice would annually publish detailed 
     statistics on the number of cold cases, aggregated by the 
     types of associated crimes and agency. This information will 
     assist law enforcement agencies across state lines to help 
     identify trends and hopefully find new leads.
       Ensuring reviews and reinvestigations are working. Federal 
     law enforcement agencies would be required to provide annual 
     reports to Congress on what is working and what is not 
     working with new investigations. This will aide in ensuring 
     that programs are biased towards assisting family members and 
     loved ones find justice.
       The undersigned organizations proudly support the HVFRA. 
     This important legislation is completely aligned with our 
     collective commitment towards assisting those who suffer 
     following a cold case homicide. It is our hope that the House 
     Judiciary Committee will promptly markup this legis}ation so 
     that it can be received before the fall House floor for swift 
     passage.
           Sincerely,
                                                 Dr. Chris Kunkle,
     President, American Investigative Society of Cold Cases.
                                  ____

                                          National Organization of


                           Parents of Murdered Children, Inc.,

                                 Cincinnati, OH, December 8, 2021.
     Re Support Homicide Victims' Families Rights Act.

     Chairman Jerrold Nadler,
     House Judiciary Committee,
     Washington, DC.
     Ranking Member Jim Jordan,
     House Judiciary Committee,
     Washington, DC.
       Dear Chairman Nadler and Ranking Member Jordan: The 
     National Organization of Parents Of Murdered Children (POMC), 
     a nonprofit organization dedicated to solely to the aftermath 
     and prevention of murder. POMC makes the difference through 
     on-going emotional support, education, prevention, advocacy 
     and awareness. POMC is very supportive of the Homicide 
     Victims' Families Right Act under consideration before your 
     commlttee.
       POMC has many families of victims of un-solved homicides. 
     We listen to the survivor talk about the story of their loved 
     one's homicide and the questions they have because it has not 
     been solved. Their emotions, frustration and devastation they 
     feel, along with the helplessness that anything can be done 
     to bring justice and closure to the murder of their loved 
     one.
       POMC has a program called Second Opinion Service that we 
     refer families to when investigators have not been able to 
     solve the case or don't understand why the case is not going 
     to court. The Second Opinion Service is made up of retired 
     law enforcement, medical examiners, prosecutors who volunteer 
     their time to look at the family's case and they will give 
     their opinion to the family. Most of the time these are cold 
     cases and we will not look at an open case. The family's are 
     relieved and comforted that someone will look at the case. 
     This is why the ``Support Homicide Victims' Families Rights 
     Act'' would be so important to a family whose loved one's 
     case is a cold case and just the thought that law enforcement 
     would look at it again is comforting to them.
       POMC believes that the policies within the Homicide 
     Victims' Families Rights Act should be Adopted by law 
     enforcement agencies as best practices for unresolved murder. 
     It is our hope that the House Judiciary Committee will 
     promptly markup this legislation so that it can be received 
     before the full House floor for swift passage.
       For further information about our organization you can 
     visit our website www.pomc.org, or if you have additional 
     questions regarding our support for this legislation please 
     do not hesitate to contact us.
           Sincerely,

                                           Beverly J. Warnock,

                                               Executive Director,
     Parents of Murdered Children.
                                  ____


                                Murder Accountability Project,

                                 Alexandria, VA, December 8, 2021.
     Re Support Homicide Victims' Families Rights Act.

     Chairman Jerrold Nadler,
     House Judiciary Committee,
     Washington, DC.
     Ranking Member Jim Jordan,
     House Judiciary Committee,
     Washington, DC.
       Dear Chairman Nadler and Ranking Member Jordan: The Murder 
     Accountability Project (MAP), a nonprofit organization 
     dedicated to educating Americans on the importance of 
     accurately accounting for unsolved homicides within the 
     United States, wishes to express its unconditional support 
     for the Homicide Victims' Families Rights Act under 
     consideration before your committee.
       MAP regularly receives communications from family members 
     of victims of un-solved homicides. We cannot adequately 
     express to you the depth of emotion, frustration, and 
     consternation these people feel, as well as helplessness that 
     anything can be done to bring justice and closure to these 
     killings.
       We regularly advise families to request a formal review of 
     the investigation by police personnel to determine if new 
     avenues are available to seek case clearance. This 
     recommendation would be precisely codified in the Homicide 
     Victims' Families Rights Act. More specifically, this 
     legislation allows family members or loved ones to seek 
     additional review and re-investigation into files that have 
     achieved a ``cold case'' status. It would also ensure that 
     older files are reviewed under the most up-to-date 
     investigative standards to aid law enforcement in identifying 
     new probative leads or potential perpetrators.
       In short, we believe that the policies within the Homicide 
     Victims' Families Rights

[[Page H3879]]

     Act should be adopted by law enforcement agencies as best 
     practices for unresolved murders. It is our hope that the 
     House Judiciary Committee will promptly markup this 
     legislation so that it can be received before the full House 
     floor for swift passage.
       For further information about our organization, or if you 
     have additional questions regarding our support for this 
     legislation, please do not hesitate to contact us.
       Warmest Regards,
                                                  Thomas Hargrove,
     Chairman, Murder Accountability Project.
                                  ____



                                                Association of

                                        Prosecuting Attorneys,

                                                 December 2, 2021.
     Re. Support of Homicide Victims' Families Rights Act.

     Chairman Jerrold Nadler,
     House Judiciary Committee,
     Washington, DC.
     Ranking Member Jim Jordan,
     House Judiciary Committee,
     Washington, DC.
       Dear Chairman Nadler and Ranking Member Jordan: The 
     Association of Prosecuting Attorneys (APA) is a private, non-
     profit organization whose mission is to support and enhance 
     the effectiveness of prosecutors in their efforts to create 
     safer communities. We are a national organization supporting 
     all prosecutors, including both appointed and elected, as 
     well as their deputies and assistants.
       On behalf of the APA, I am writing in support of your 
     efforts regarding the proposed Homicide Victims' Families 
     Rights Act. This Act will give homicide victims' families and 
     loved ones a reignited hope that justice may still be 
     afforded to the victims of these crimes. The provisions in 
     this Act will grant the opportunity for cold cases to be 
     reopened so that new investigations, utilizing the latest 
     testing and investigative techniques, may produce results 
     which previous methods were unable to achieve. With the 
     steady increase of cold cases this Act is integral to 
     providing an opportunity to ensure that justice is upheld in 
     our communities.
       The APA remains committed to working with congressional 
     leaders, victims' families and loved ones, and victims' 
     rights organizations in support of this Act. We believe that 
     this Act will not only aid the grieving families and 
     communities but will improve the entirety of the criminal 
     justice system.
       APA appreciates your time and efforts on the Homicide 
     Victims' Families Rights Act. Should you have any questions 
     or need any additional information, feel free to contact me.
           Respectfully submitted,
                                                     David LaBahn,
     President/CEO.
                                  ____

                                           Federal Law Enforcement


                                         Officers Association,

                                 Washington, DC, December 6, 2021.
     Hon. Eric Swalwell,
     Washington, DC.
       Dear Representative Swalwell: We write to you today on 
     behalf of the 30,000 federal law enforcement members in FLEOA 
     to express our strong support for H.R 3359, ``Homicide 
     Victims Rights Act of 2021.''
       The loss of a family member is tragic, made more so when 
     they are the victim of a crime that remains unsolved. It is 
     imperative that all families have a resolution. As 
     technologies have improved, the chance of getting to that 
     resolution of a crime has also dramatically improved. 
     Agencies with these types of cases should endeavor to use 
     every modern means available to review these cases and if 
     possible, bring the new technologies and science to bear to 
     try to solve them. These agencies will also be more capable 
     if resourced and funded appropriately in this important work.
       Thank you again for your leadership on this effort. We look 
     forward to continuing to work with you on these matters and 
     if we can be of any additional assistance, feel free to 
     contact us.
           Sincerely,
     Larry Cosme,
       National President, Federal Law Enforcement Officers 
     Association.

  Mr. BENTZ. Mr. Speaker, I urge my colleagues to support this bill, 
and I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  Let me thank the gentleman from Oregon for his support of this 
legislation; and as well, again thank Mr. Swalwell for that commitment 
to helping families who are typically desperate for help in these cold 
cases.
  Let me cite as a comparison that does not deal with the end of a 
case, but it does deal with the intervention of the Federal Government, 
the FBI, in particular, on a child predator case in a local 
neighborhood, where local law enforcement were doing their very best.
  But when we were able to reach out to the FBI, although the case was 
not cold in its conclusion, it was cold in its investigation, its 
current investigation, and the FBI did bring new and fresh eyes to help 
us with that terrible case.
  So when we have cases that are a cold case, the backlog of cold case 
murders continues to grow, and I think this legislation means a lot to 
these families. When they grow cold, this means that thousands of 
murderers evade prosecution and continue to walk the streets, able to 
commit more crimes and possibly more murders, while thousands of 
mothers, fathers, husbands, wives, sons, and daughters, have yet to 
find closure in the loss of their loved ones.
  And let me just say, Mr. Speaker, I think you realize, that pain is 
so deep, and it never goes away. That is why this bill is so important. 
This legislation would result in more closed cases, justice for 
victims, closure for their families, and greater faith in law 
enforcement.
  Mr. Speaker, again I want to indicate that this bill is important. I 
thank my colleagues for supporting this bill in a bipartisan manner, 
and I ask them to join me in supporting this bill today.
  Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I support H.R. 3359, the ``Homicide 
Victims' Families' Rights Act of 2021,'' and urge my colleagues to 
support this bipartisan legislation, which establishes a procedure for 
families of murder victims, in cases investigated at the federal level, 
to continue to pursue justice for their murdered family member when the 
trail has gone cold.
  This legislation gives a designated family member the right to 
request a review of their murdered loved one's case file after three 
years.
  Unfortunately, four out of ten murder victims' families in this 
country never receive any closure in the loss of their family member.
  FBI data shows the percentage of homicides cleared by an arrest or 
other means has declined significantly from 1965 to today while the 
number of unsolved homicides grows by the thousands nationwide every 
year.
  In 2019, four Texas cities, including Houston, cleared 40 percent or 
less of reported homicides, according to FBI statistics.
  Low clearance rates lead to low confidence in law enforcement and 
reduced citizen cooperation, which lead to even lower clearance rates.
  The backlog of cases and low clearance rates disproportionately 
affect murder victims who are poor, undereducated, unemployed, and 
black.
  Poor, black, and brown victims and their families tend to receive 
less attention to their cases from law enforcement than those of other 
socioeconomic backgrounds and racial groups and their cases go 
unsolved.
  This disparate treatment is unacceptable. We can and we must provide 
justice for all victims and their families.
  I hope this legislation will set a new tone--eliminating disparate 
treatment--impacting vulnerable communities of poor black and brown 
families who oftentimes never receive closure, while serving as a model 
for state, local, and tribal governments where the vast majority of 
unsolved murders lie.
  H.R. 3359 will require federal law enforcement agencies, using 
``fresh eyes,'' to complete a case file review and determine if a full 
reinvestigation could lead to new probative investigative leads.
  This legislation will encourage equitable treatment of victims and 
their families by requiring that federal law enforcement: (1) include 
the victim's family in the case file review and reinvestigation 
process; (2) provide written certification to a designated family 
member if final review is not necessary; (3) update that family member 
throughout the case file review and full reinvestigation; and (4) meet 
with and discuss the evidence with that family member if a full 
reinvestigation is not pursued.
  It has been shown that cold case investigations can be very 
effective. By using agents and investigators who have never worked the 
cases before and by deploying up-to-date investigative techniques, cold 
case investigations help take violent criminals off the street and 
bring closure to families.
  In 2010, the FBI and a cold case detective began a joint 
reexamination of the death of Ellen Beason in 1985, whose remains were 
found south of Houston in an area called the ``Killing Fields.''
  Almost thirty years later, the cold case detective requested x-rays 
of the body, which showed that the woman's skull had been cracked on 
both sides from a forceful blow. Her body had never been X-rayed.
  The main suspect in the murder was finally convicted of involuntary 
manslaughter in 2014, sentenced to 20 years in prison, and named as the 
leading suspect in the murder of other women found in the Killing 
Fields, though he was never charged.
  H.R. 3359 mandates that a law enforcement agency must conduct a full 
reinvestigation like the one that brought justice to Ellen Beason's

[[Page H3880]]

family, if probative investigative leads would result from a full 
reinvestigation.
  This bipartisan legislation represents an important step in fostering 
renewed hope for families and is supported by a broad array of 
advocates, including the Federal Law Enforcement Officers Association, 
the National Organization of Parents of Murdered Children, the National 
Coalition Against Domestic Violence, and the Association of Prosecuting 
Attorneys.
  I thank Chairman Eric Swalwell for his astute effort on this 
bipartisan bill that will help families of victims seek justice for 
their loved ones.
  The backlog of cold case murders continues to grow nationally. This 
means that thousands of murderers evade prosecution and continue to 
walk the streets, able to commit more crimes, and possibly more 
murders, while thousands of mothers, fathers, husbands, wives, sons, 
and daughters have yet to find closure in the loss of their loved ones.
  That is why this bill is so important. This legislation would result 
in more closed cases, justice for victims, closure for their families, 
and greater faith in law enforcement.
  I ask that my colleagues join me in supporting this bill today.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Texas (Ms. Jackson Lee) that the House suspend the 
rules and pass the bill, H.R. 3359, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CLYDE. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________