H.R. 3359House117th Congress (2021-2023)Enacted

Homicide Victims' Families' Rights Act of 2021

Introduced May 19, 2021

AI-Generated Summary

Updated February 8, 2026 at 3:14 AM UTC

The Homicide Victims' Families' Rights Act of 2021 establishes a formal process that lets immediate family members of cold‑case murder victims request a federal agency to review the case file and, if warranted, launch a full reinvestigation. It sets timelines, defines who can apply, and requires agencies to report on their actions and collect national statistics. The law aims to give families a clearer path to potentially solve unsolved murders and to improve accountability of federal law‑enforcement agencies.

Key Provisions

  • Designated persons (immediate family) may submit a written application for a case‑file review of a cold‑case murder.
  • Agency must complete the review within six months (extendable once by up to six months) and issue a written certification if the case does not meet cold‑case criteria.
  • The review must analyze missed investigative steps, assess witness interviews, examine evidence testing, and update the file to current standards.
  • If the review finds that a full reinvestigation could produce leads, the agency must conduct that reinvestigation, using staff who did not originally investigate the case.
  • Only one review or reinvestigation may occur at a time for a given victim, with a five‑year pause after a negative outcome unless new significant evidence appears.
  • Agencies must keep the applicant informed, provide periodic updates, and meet to explain the decision to proceed or not.
  • Within a year of enactment, each agency must issue regulations covering complaint procedures, employee training, disciplinary sanctions, and limiting judicial review of agency decisions.
  • The Director of the National Institute of Justice must publish annual statistics on cold‑case murders, disaggregated by offense type and agency.
  • Each agency must submit an annual report to the House and Senate Judiciary Committees detailing applications, extensions, reinvestigations, and outcomes such as suspects, arrests, and convictions.

Legislative Activity

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23 earlier actions
Became Law Latest Action

Became Public Law No: 117-164.

August 3, 2022

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HouseIntro Referral

Introduced in House

May 19, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

May 19, 2021

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

November 9, 2021

HouseCommittee

Subcommittee on Crime, Terrorism, and Homeland Security Discharged.

December 8, 2021

HouseCommittee

Committee Consideration and Mark-up Session Held.

December 8, 2021

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

December 8, 2021

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 117-280.

March 28, 2022

HouseCalendars

Placed on the Union Calendar, Calendar No. 207.

March 28, 2022

HouseFloor

Ms. Jackson Lee moved to suspend the rules and pass the bill, as amended.

March 28, 2022 • 5:04 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3875-3880)

March 28, 2022 • 5:04 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 3359.

March 28, 2022 • 5:04 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

March 28, 2022 • 5:22 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3952-3953)

March 29, 2022 • 6:10 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 20 (Roll no. 88).(text: 3/28/2022 CR H3875-3876)

March 29, 2022 • 6:19 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 20 (Roll no. 88). (text: 3/28/2022 CR H3875-3876)

March 29, 2022 • 6:19 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

March 29, 2022 • 6:19 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

March 30, 2022

SenateCommittee

Senate Committee on the Judiciary discharged by Unanimous Consent.

July 25, 2022

SenateDischarge

Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S3627)

July 25, 2022

SenateFloor

Passed Senate without amendment by Unanimous Consent.

July 25, 2022

SenateFloor

Message on Senate action sent to the House.

July 26, 2022

President

Presented to President.

August 2, 2022

Became Law

Signed by President.

August 3, 2022

Became Law

Became Public Law No: 117-164.

August 3, 2022

Floor Debate

7 members

What members said about H.R. 3359 on the floor

2 Republicans5 Democrats
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 28, 2022

Mr. Speaker, I move to suspend the rules and pass the bill (S. 2629) to establish cybercrime reporting mechanisms, and for other purposes. Mr. Speaker, I ask unanimous consent that all Members have 5…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 28, 2022

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…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · Mar 28, 2022

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…

Abigail Davis Spanberger
Rep. Abigail Davis SpanbergerD-VA-7 · Mar 28, 2022

Mr. Speaker, I rise today in support of my Better Cybercrime Metrics Act and its companion bill in the U.S. Senate, S. 2629. And I thank the gentlewoman from Texas (Ms. Jackson Lee) for that…

Eric Swalwell
Rep. Eric SwalwellD-CA-15 · Mar 28, 2022

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…

Show 5 more
Cliff Bentz
Rep. Cliff BentzR-OR-2 · Mar 28, 2022

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, American businesses and American citizens face a growing number of cybercrimes. Cybercrime is a particularly complicated form of…

Cliff Bentz
Rep. Cliff BentzR-OR-2 · Mar 28, 2022

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…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jul 25, 2022

Madam President, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of H.R. 3359 and the Senate proceed to its immediate consideration. I ask…

Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · Mar 28, 2022

Mr. Speaker, on that I demand the yeas and nays.

Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · Mar 28, 2022

Mr. Speaker, on that I demand the yeas and nays.

Bill Text

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One Hundred Seventeenth Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty-two

H. R. 3359

AN ACT

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

1.

Short title

This Act may be cited as the Homicide Victims’ Families’ Rights Act of 2021.

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.

3.

Application

Each agency shall develop a written application to be used for designated persons to request a case file review under section 2.

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.

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.

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.

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.

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.

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.

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.

11.

Applicability

This Act applies in the case of any cold case murder occurring on or after January 1, 1970.

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.

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.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.