I 
118TH CONGRESS 
2D SESSION H. R. 10295 
To require Federal law enforcement and prison officials to obtain or provide 
immediate medical attention to individuals in custody who display medical 
distress. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 4, 2024 
Ms. PRESSLEY introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To require Federal law enforcement and prison officials to 
obtain or provide immediate medical attention to individ-
uals in custody who display medical distress. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Andrew Kearse Ac-
countability for Denial of Medical Care Act of 2024’’. 
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SEC. 2. MEDICAL ATTENTION FOR INDIVIDUALS IN FED-
ERAL CUSTODY DISPLAYING MEDICAL DIS-
TRESS. 
(a) IN GENERAL.—Chapter 13 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 251. Medical attention for individuals in Federal 
custody displaying medical distress 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘appropriate Inspector General’, 
with respect to a covered official, means— 
‘‘(A) the Inspector General of the Federal 
agency that employs the covered official; or 
‘‘(B) in the case of a covered official em-
ployed by a Federal agency that does not have 
an Inspector General, the Inspector General of 
the Department of Justice; 
‘‘(2) the term ‘covered official’ means— 
‘‘(A) a Federal law enforcement officer (as 
defined in section 115); 
‘‘(B) an officer or employee of the Bureau 
of Prisons; or 
‘‘(C) an officer or employee of the United 
States Marshals Service; and 
‘‘(3) the term ‘medical distress’ includes breath-
ing difficulties. 
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‘‘(b) REQUIREMENT.— 
‘‘(1) OFFENSE.—It shall be unlawful for a cov-
ered official to negligently fail to obtain or provide 
immediate medical attention to an individual in Fed-
eral custody who displays medical distress in the 
presence of the covered official, if the individual suf-
fers unnecessary pain, injury, or death as a result of 
that failure. 
‘‘(2) PENALTY.—A covered official who violates 
paragraph (1) shall be fined under this title, impris-
oned for not more than 1 year, or both. 
‘‘(3) STATE CIVIL ENFORCEMENT.—Whenever 
an attorney general of a State has reasonable cause 
to believe that a resident of the State has been ag-
grieved by a violation of paragraph (1) by a covered 
official, the attorney general, or another official, 
agency, or entity designated by the State, may bring 
a civil action in any appropriate district court of the 
United States to obtain appropriate equitable and 
declaratory relief. 
‘‘(c) INSPECTOR GENERAL INVESTIGATION.— 
‘‘(1) IN GENERAL.—The appropriate Inspector 
General shall investigate any instance in which— 
‘‘(A) a covered official fails to obtain or 
provide immediate medical attention to an indi-
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vidual in Federal custody who displays medical 
distress in the presence of the covered official; 
and 
‘‘(B) the individual suffers unnecessary 
pain, injury, or death as a result of the failure 
to obtain or provide immediate medical atten-
tion. 
‘‘(2) REFERRAL FOR PROSECUTION.—If an ap-
propriate Inspector General, in conducting an inves-
tigation under paragraph (1), concludes that the 
covered official acted negligently in failing to obtain 
or provide immediate medical attention to the indi-
vidual in Federal custody, the appropriate Inspector 
General shall refer the case to the Attorney General 
for prosecution under this section. 
‘‘(3) CONFIDENTIAL
COMPLAINT
PROCESS.— 
The Inspector General of a Federal agency that em-
ploys covered officials shall establish a process under 
which an individual may confidentially submit a 
complaint to the Inspector General regarding an in-
cident described in paragraph (1) involving a covered 
official employed by the Federal agency (or, in the 
case of the Inspector General of the Department of 
Justice, involving a covered official employed by a 
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