[House Report 117-280]
[From the U.S. Government Publishing Office]


117th Congress     }                                   {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                   {     117-280

======================================================================



 
             HOMICIDE VICTIMS' FAMILIES' RIGHTS ACT OF 2021

                                _______
                                

 March 28, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3359]

    The Committee on the Judiciary, to whom was referred 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, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

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.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for the Legislation..........................     4
Hearings.........................................................     8
Committee Consideration..........................................     8
Committee Votes..................................................     8
Committee Oversight Findings.....................................     8
Committee Estimate of Budgetary Effects..........................     8
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     8
Duplication of Federal Programs..................................     9
Performance Goals and Objectives.................................     9
Advisory on Earmarks.............................................     9
Section-by-Section Analysis......................................     9

                          Purpose and Summary

    H.R. 3359, the ``Homicide Victims' Families' Rights Act of 
2021,'' would grant relatives of homicide victims, under 
federal law, the right to have their loved ones' case files 
reviewed by the federal law enforcement agency with 
jurisdiction over their case, after three years of the case 
going cold.

                Background and Need for the Legislation


                             I. BACKGROUND

    Currently, our nation has over 250,000 unsolved murder 
cases and that number increases by 6,000 cases each year.\1\ 
Scholars contend that this is a conservative estimate since 48 
percent ``of death investigation and missing persons cases'' 
are ``classified'' under ``undetermined cause'' of death and 
thus not included in the unsolved murder case data.\2\ An 
expert on the Cold Case Investigation Working Group assembled 
by the Office of Justice Programs' National Institute of 
Justice states the number of ``cold cases'' in America 
``constitute a crisis situation.''\3\ The number of unsolved 
homicide cases grew consistently over the last decade 
throughout the nation. FBI data shows ``the percentage of 
homicides for which someone is charged has steadily declined 
from over 90 percent in 1965 to under 65 percent in 2018.''\4\ 
Four in ten murder victim's families do not receive closure for 
their loved ones' cases.\5\ Low clearance rates exacerbate the 
backlog of unsolved cases. Due to the constant nature of crime, 
law enforcement focuses on present and future crime instead of 
investigating older cases.\6\ Even cases that occurred within 
the last year can fade from the priorities of law enforcement. 
H.R. 3359 addresses the backlog of cases and will help police 
raise arrest rates of dangerous criminals.
---------------------------------------------------------------------------
    \1\The Crisis of Cold Cases, U.S. Dep't of Just. (Jan. 9, 2020), 
https://www.ojp.gov/files/archives/blogs/2019/crisis-cold-cases.
    \2\Francesca Mirabile, When Police Fail to Solve Homicides, 
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
    \3\The Crisis of Cold Cases, U.S. Dep't of Just. (Jan. 9, 2020), 
https://www.ojp.gov/files/archives/blogs/2019/crisis-cold-cases.
    \4\Rep. Eric Swalwell and Glenn Kirschner, Some Murder Cases Grow 
Cold. For Victims' Families Remains Hot Opinion, Newsweek (May 
19, 2021), https://www.newsweek.com/some-murder-cases-grow-cold-
victims-families-pain-remains-hot-opinion-1592989.
    \5\Francesca Mirabile, When Police Fail to Solve Homicides, 
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
    \6\James M. Adcock, Fixing America's Cold Case Crisis, The Crime 
Report (Nov. 28, 2018), https://thecrimereport.org/2018/11/28/fixing-
americas-cold-case-crisis/.
---------------------------------------------------------------------------
    The backlog and low clearance rate of homicide cases 
disproportionately affects Black victims. While clearance rates 
in cases with white, Latino, Asian, and Native American victims 
increased from 1976 to 2017, the overall clearance rate trends 
significantly downwards because of the extremely low clearance 
rates for Black victims.\7\ Victims in cases with low clearance 
rates are ``more likely to live in deep poverty, to be 
unemployed, to have lower education levels, and to be 
black.''\8\
---------------------------------------------------------------------------
    \7\Rep. Eric Swalwell and Glenn Kirschner, Some Murder Cases Grow 
Cold. For Victims' Families Remains Hot Opinion, Newsweek (May 
19, 2021), https://www.newsweek.com/some-murder-cases-grow-cold-
victims-families-pain-remains-hot-opinion-1592989.
    \8\Mirabile, When Police Fail to Solve Homicides, Families Carry 
the Weight, The Trace (June 26, 2017), https://www.thetrace.org/2017/
06/police-fail-solve-homicides-families-carry-weight/.
---------------------------------------------------------------------------
    In Oakland, California, over the last decade 
``approximately 76% percent of the city's victims were black. 
During that time, Oakland police made arrests in just 40% of 
murder cases when the victim was black, compared to 80% when 
the victim was white.''\9\ Other cities with a large Black 
population had similar statistics. In 2016, the Baltimore 
Police Department had a rate of ``36.7 percent of killings'' 
cleared, which was down from ``46.4 percent in 2011.''\10\ 
Likewise in 2017, in Chicago, the city with the most homicides 
in the U.S., the police solved only one in six murders.\11\ 
Impoverished homicide victims and Black victims do not receive 
the same attention to their cases from police as victims of 
other socio-economic backgrounds or racial groups.
---------------------------------------------------------------------------
    \9\Living with Impunity: Unsolved Murders in Oakland and the Human 
Rights Impact on Victims' Family Members, Berkeley Law, https://
www.law.berkeley.edu/experiential/clinics/international-human-rights-
law-clinic/living-with-impunity-unsolved-oakland-murders/.
    \10\Francesca Mirabile, When Police Fail to Solve Homicides, 
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
    \11\Id.
---------------------------------------------------------------------------
    Because of the current cold case police practices, families 
often remain uninformed about the current state of the 
investigation. Research found each homicide victim leaves 
behind at least four surviving family members.\12\ Therefore, 
unresolved murder cases impact millions of people in the United 
States. In the case of the murder of Georgia Moses in 1997 in 
Petaluma, California, the police cannot share any information 
with her sister Angel Turner because the case, even though it 
is cold, is ``technically still open.''\13\ Unless agency 
policy specifically prohibits disclosing information on open 
cases to the families of homicide victims, the decision to 
divulge new findings in the case is left to the discretion of 
individual officers. Because departments focus on current 
crime, they may not reserve the time to ``investigate [old] 
crimes, follow leads and return emails and phone calls.''\14\ 
This system of investigating cold cases leaves families to 
wonder about updates in the case.
---------------------------------------------------------------------------
    \12\Id.
    \13\Rep. Eric Swalwell and Glenn Kirschner, Some Murder Cases Grow 
Cold. For Victims' Families Remains Hot Opinion, Newsweek (May 
19, 2021), https://swalwell.house.gov/media-center/in-the-news/some-
murder-cases-grow-cold-victims-families-pain-remains-hot.
    \14\Rep. Eric Swalwell and Glenn Kirschner, Some Murder Cases Grow 
Cold. For Victims' Families Remains Hot Opinion, Newsweek (May 
19, 2021), https://www.newsweek.com/some-murder-cases-grow-cold-
victims-families-pain-remains-hot-opinion-1592989.
---------------------------------------------------------------------------
    Research reveals surviving members experienced 
victimization for a second time as ``law enforcement and other 
agencies treated them with indifference--and even 
hostility.''\15\ A University of California, Berkeley, School 
of Law report found this experience to be worse for Black 
families. These families face ``lackluster police 
responsiveness and often disrespectful and discriminatory 
treatment'' and ``checkered availability of crime-victim 
services.''\16\ Additionally, strain between the police and a 
victim's family intensifies the longer the case goes unsolved, 
and the family loses trust in the criminal justice system. In 
federal cases, H.R. 3359 provides families with the right to 
receive updates on their loved one's homicide case. This aligns 
with the Office of Justice Programs' ``National Best Practice 
Guides for Implementing and Sustaining a Cold Case 
Investigative Unit'' report that specified agencies must 
develop ``a detailed plan for communication with victims and 
victims' families in the cold case unit protocols'' and 
``employ a victim-centered approach in the daily operations of 
cold case investigations.''\17\
---------------------------------------------------------------------------
    \15\Living with Impunity: Unsolved Murders in Oakland and the Human 
Rights Impact on Victims' Family Members, Berkeley Law, https://
www.law.berkeley.edu/experiential/clinics/international-human-rights-
law-clinic/living-with-impunity-unsolved-oakland-murders/.
    \16\Id.
    \17\National Best Practices for Implementing and Sustaining a Cold 
Case Investigation Unit, U.S. Dep't of Just., https://www.ojp.gov/
pdffiles1/nij/252016.pdf.
---------------------------------------------------------------------------
    To find a new lead ``sometimes it takes another, fresh set 
of eyes to discover a fact that was overlooked, or perhaps, a 
new test can be run that was not available when the homicide 
was first investigated.''\18\ The first detectives may have 
overlooked or not connected pieces of evidence that other 
detectives may identify. The phenomenon of ``online 
sleuthing,'' where civilians comb through the internet looking 
for leads, true crime podcasts and television shows, and non-
law enforcement personnel finding new evidence in homicide 
cases serve as examples where a fresh perspective can help 
break a case open.\19\ The ``passage of time can result in 
important reasons to interview witnesses or investigate a case 
entirely.''\20\ Because advances in science progress rapidly, 
new technology could have been discovered and implemented in 
the time since detectives last revisited the case. The Office 
of Justice Programs reports ``advancements in DNA technology 
are breathing new life into old, cold, or unsolved criminal 
cases.''\21\ Investigators in California used new DNA 
technology to apprehend the Golden State Killer, a case that 
had remained cold for decades.
---------------------------------------------------------------------------
    \18\Francesca Mirabile, When Police Fail to Solve Homicides, 
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
    \19\Janaki Jitchotvisut, 8 times crimes were solved by the 
internet, Insider (May 11, 2018), https://www.insider.com/crimes-
solved-by-people-online-2018-5.
    \20\Francesca Mirabile, When Police Fail to Solve Homicides, 
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
    \21\Using DNA to Solve Cold Cases, U.S. Dep't of Just. (July 2002), 
https://www.ojp.gov/pdffiles1/nij/194197.pdf.
---------------------------------------------------------------------------

                        II. NEED FOR LEGISLATION

    Low clearance rates and unsolved murders mean perpetrators 
remain free and are not held legally accountable for their 
crimes, leaving communities less safe. The director of the 
National Network for Safe Communities at John Jay College of 
Criminal Justice, David Kennedy, stated low clearance rates 
causes ``people to take things into their own hands, which 
leads to high levels of violence and low clearance rates. It is 
a spiral of decline.''\22\ Vigilante justice is common after an 
unsolved murder, compounding the number of unsolved cases and 
violence. Likewise, research demonstrates that a violent 
offender will likely repeat their crime.\23\ If law enforcement 
does not apprehend perpetrators, they are likely to victimize 
other people and further harm the community. Solving cold cases 
prevents further violence.
---------------------------------------------------------------------------
    \22\Francesca Mirabile, When Police Fail to Solve Homicides, 
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
    \23\The Crisis of Cold Cases, U.S. Dep't of Just. (Jan. 9, 2020), 
https://www.ojp.gov/files/archives/blogs/2019/crisis-cold-cases.
---------------------------------------------------------------------------
    Low clearance rates help create a cyclical pattern of more 
unsolved crimes. Kennedy highlighted ``low clearance rates mean 
people have low confidence in the police, which leads to 
reluctance to cooperate, which leads to low clearance 
rates.''\24\ The public's faith in ``the criminal justice 
system, and in law enforcement in particular, hinges on the 
public's perception that laws will be enforced.''\25\
---------------------------------------------------------------------------
    \24\Francesca Mirabile, When Police Fail to Solve Homicides, 
Families Carry the Weight, The Trace (June 26, 2017), https://
www.thetrace.org/2017/06/police-fail-solve-homicides-families-carry-
weight/.
    \25\National Best Practices for Implementing and Sustaining a Cold 
Case Investigation Unit, U.S. Dep't of Just., https://www.ojp.gov/
pdffiles1/nij/252016.pdf.
---------------------------------------------------------------------------
    Unsolved crimes financially burden police departments. 
Increased caseloads drain department resources because officers 
must allocate their attention between several cases instead of 
intensely focusing on one. As these cases remain open, the 
department funnels resources towards solving them. Thus, a 
higher number of cases correlates to more money spent solving 
them. In unsolved cases, police departments hemorrhage money 
without a tangible result.
    H.R. 3359 would grant relatives of homicide victims, under 
federal law, the right to have their loved ones' case files 
reviewed by the federal law enforcement agency with 
jurisdiction over their case, after three years of the federal 
case going cold. The bill guarantees that federal law 
enforcement agents who have not investigated the case review 
the file. Moreover, the three-year time frame from when the 
case file originally opened allows more time for more witnesses 
to come forward and the benefits of scientific discoveries to 
help solve the case. This legislation also pushes for more 
equitable case clearance rates by ensuring law enforcement 
agencies examine and allot resources to each case to find new 
probative leads. H.R. 3359 ensures federal law enforcement 
remains responsive and accountable to victims and their family 
while empowering the families of homicide victims. Families, 
like the families of the four teenage girls brutally murdered 
in an Austin, Texas yogurt shop 30 years ago, wait in anguish 
wondering what happened to their loved one.\26\ H.R. 3359 also 
provides families with a more victim-centered law enforcement 
response. The bill would require federal law enforcement to 
inform family members and similarly situated people of their 
rights and to update them on any new findings uncovered by the 
review. Families will be provided with a platform to know what 
is happening with the case, without jeopardizing the case. 
Finally, H.R. 3359 gives families of victims a sense of hope 
that the police will continue investigating their loved ones' 
cases and will help bring closure to families. It is a 
practical solution that will result in increased murder charges 
and closure for homicide victims' families.
---------------------------------------------------------------------------
    \26\Cierra Bailey, Swalwell's newest bills address pandemic 
response, homicide victims' families, Pleasanton Weekly (Jul. 25, 
2021), https://www.pleasantonweekly.com/news/2021/07/25/swalwells-
newest-bills-address-pandemic-response-homicide-victims-families.
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                                Hearings

    The Committee did not hold any hearings related to H.R. 
3359.

                        Committee Consideration

    On December 8, 2021, the Committee met in open session and 
ordered the bill, H.R. 3359 favorably reported with an 
amendment in the nature of a substitute by a voice vote, a 
quorum being present.

                            Committee Votes

    No roll call votes occurred during the Committee's 
consideration of H.R. 3359.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House rule X, are incorporated in the descriptive portions 
of this report.

                Committee Estimate of Budgetary Effects

    Pursuant to clause 3(d)(1) of House rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(2) of House rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause (3)(c)(3) of House rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received from the Director of the Congressional Budget 
Office a budgetary analysis and a cost estimate of this bill.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 3359 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H.R. 3359 would improve the clearance rates 
and reduce the backlog of federal homicide cases and ensure 
federal law enforcement remains responsive and accountable to 
homicide victims and their families.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 3359 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(d), 
9(e), or 9(f) of House rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short Title. Section 1 sets forth the short title 
of the bill as the ``Homicide Victims' Families' Rights Act of 
2021.''
    Sec. 2. Case File Review. Section 2 would set forth the 
criteria for case file review of cold case murders by federal 
law enforcement agencies that conducted initial investigations 
of the cases. An applicable agency, upon receiving a completed 
written application by one designated person, must determine if 
a full reinvestigation would result in probative investigation 
leads or a likely perpetrator. The person(s) reviewing the case 
must not have previously investigated the murder. The review 
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 yield information relevant to the investigation; 
and (4) an update of the case file using the most current 
investigative standards at the time of the case review to the 
extent it would help probative leads.
    Review is unnecessary where a case does not meet the 
criteria for a cold case murder. An agency may issue a 
certification stating that review is unnecessary because all 
probative investigative leads have not been exhausted or a 
likely perpetrator has not been identified.
    An agency must confirm in writing receipt of the request 
and within six months of receiving the application, complete 
review of the case and determine whether a full reinvestigation 
is warranted. An agency may extend their investigation past the 
six-month limit if the agency makes a finding that the number 
of case files to be reviewed make it unfeasible to comply with 
the six-month limit without unreasonably taking resources from 
other law enforcement activities. Extensions may not exceed six 
months and the agency must notify one designated person, who 
filed the application, of an extension and provide an 
explanation of its reasoning. Only one review of the same cold 
case may occur at a time.
    Sec. 3. Application. Section 3 would mandate that each 
agency develop a written application to be used by designated 
persons to request a case file review.
    Sec. 4. Full Reinvestigation. Section 4 would set forth the 
requirements for a full reinvestigation. The applicable agency 
shall conduct a full reinvestigation of the cold case murder at 
issue if review of the case file concludes that a full 
reinvestigation would result in probative investigation leads. 
A full investigation of the cold case murder must include 
analysis of all evidence for the purpose of developing 
probative investigative leads or a likely perpetrator. The 
person(s) conducting the full reinvestigation must not have 
previously investigated the cold case murder at issue, except 
for the case file review described in section 2. Only one full 
reinvestigation may occur at a time with respect to the same 
cold case murder victim.
    Sec. 5. Consultation and Updates. Section 5 would set forth 
that the applicable agency must consult with the designated 
person who filed the written application and provide that 
person with periodic updates during the case file review and 
full reinvestigation. At the conclusion of the case file 
review, the applicable agency must meet with the designated 
person and discuss the evidence to explain its decision whether 
to conduct a full reinvestigation under section 5.
    Sec. 6. Subsequent Reviews. Section 6 would establish that 
if a case file review is done and a conclusion is reached not 
to conduct a full reinvestigation, no additional case file 
review is required for five years, unless there is newly 
discovered, materially significant new evidence. An agency may 
continue an investigation without an immediate family member's 
application.
    If a full investigation is completed and a suspect is not 
identified, no additional case file review or full 
reinvestigation shall be undertaken for five years, unless 
there is newly discovered, materially significant new evidence.
    Sec. 7. Data Collection. Section 7 would require the 
National Institute of Justice to publish statistics annually on 
the number of cold cases beginning three years after the 
enactment of this Act. The published statistics must at minimum 
categorize the circumstances of the cold case, including the 
classification of the offense, and agency.
    Sec. 8. Procedures to Promote Compliance. Section 8 would 
require the head of each Federal agency to enact regulations to 
enforce the rights of designated persons to request a case file 
review under section 2 and to ensure compliance by the agency 
with the obligations described in this Act. The regulations 
enacted must (1) designate an administrative authority within 
the agency to receive and investigate complaints relating to 
the provision or violation of the rights of designated persons; 
(2) require a training course for employees and officers within 
the agency regarding the procedures, responsibilities, and 
obligations under this Act; (3) contain disciplinary sanctions, 
including suspension or termination of employment, for 
employees who willfully or wantonly fail to comply with this 
Act; (4) establish a procedure for resolving complaints filed 
by a designated person concerning the agency's handling of a 
cold case murder investigation or case file evaluation; and (5) 
provide that the head of the agency, or designee, is the final 
arbiter of complaints, and that there will be no judicial 
review of the head of the agency's final decision by a 
complainant.
    Sec. 9. Withholding Information. Section 9 would provide 
that nothing in this Act will 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. Section 10 would set forth the 
expectation of agency coordination and ensure agencies remain 
compliant with the Act. If more than one agency conducted the 
initial investigation of a cold case, each agency must 
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 the 
requirements that limit case reviews and full investigations to 
only one at a time per cold case murder victim.
    Sec. 11. Applicability. Section 11 specifies that the Act 
applies in the case of any murder occurring on or after January 
1, 1970.
    Sec. 12. Definitions. Section 12 sets forth several 
definitions applicable to the Act. A ``designated person'' is 
an immediate family member, or someone similarly situated as 
defined by DOJ. An ``immediate family member'' is a parent, 
parent-in-law, grandparent, grandparent-in-law, sibling, 
spouse, child, or stepchild of a murder victim. A ``victim'' is 
a natural person who died because of a cold case murder. A 
``murder'' is any criminal offense under 18 U.S.C. Section 
1111(a), or any offense of which the elements are substantially 
identical. ``Agency'' means a Federal law enforcement entity 
with jurisdiction to engage in the detection, investigation, or 
prosecution of a cold case murder. A ``cold case'' is a murder 
committed more than three years prior to the date of the 
application for case review, previously investigated by a 
Federal law enforcement entity, for which all probative 
investigative leads have been exhausted, and for which no 
likely perpetrator has been identified.
    Sec. 13. Annual Report. Section 13 requires each agency to 
submit an annual report to the Senate and House Committees on 
the Judiciary describing actions taken and results achieved 
under this Act during the previous year. The report must 
include the number of written applications filed, the number of 
extensions granted and an explanation of the reasons why case 
files reviews were extended past six months, the number of full 
reinvestigations initiated and closed, and statistics and 
individualized information, including identified suspects, 
arrests, charges, and convictions in cold case murder 
investigations under the Act.

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