Title: Andrew Kearse Accountability for Denial of Medical Care Act of 2021
Policy area: Crime and Law Enforcement

Summary:
Andrew Kearse Accountability for Denial of Medical Care Act of 2021
This bill establishes a new federal criminal offense for failing to obtain medical attention for an individual in federal custody who displays medical distress.
Specifically, the bill requires federal law enforcement officers and the Bureau of Prisons' personnel to provide or obtain immediate medical attention for an individual in federal custody who displays medical distress. It criminalizes the negligent failure to obtain or provide such medical attention that results in unnecessary pain, injury, or death.
A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1573 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1573

 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 SENATE OF THE UNITED STATES

                              May 11, 2021

Ms. Warren (for herself, Mr. Markey, Mr. Blumenthal, Mr. Sanders, Mrs. 
Gillibrand, Ms. Hirono, and Mr. Merkley) introduced the following bill; 
  which was read twice and 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 individuals in custody who 
                       display medical distress.

    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 ``Andrew Kearse Accountability for 
Denial of Medical Care Act of 2021''.

SEC. 2. MEDICAL ATTENTION FOR INDIVIDUALS IN FEDERAL CUSTODY DISPLAYING 
              MEDICAL DISTRESS.

    (a) In General.--Chapter 13 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 250. 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 employed 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 breathing 
        difficulties.
    ``(b) Requirement.--
            ``(1) Offense.--It shall be unlawful for a covered official 
        to negligently fail to obtain or provide immediate medical 
        attention to an individual in Federal custody who displays 
        medical distress in the presence of the covered official, if 
        the individual suffers 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, imprisoned 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 aggrieved 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 individual 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 attention.
            ``(2) Referral for prosecution.--If an Inspector General, 
        in conducting an investigation under paragraph (1), concludes 
        that the covered official acted negligently in failing to 
        obtain or provide immediate medical attention to the individual 
        in Federal custody, the 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 employs covered officials 
        shall establish a process under which an individual may 
        confidentially submit a complaint to the Inspector General 
        regarding an incident 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 Federal agency that 
        does not have an Inspector General).
    ``(d) Training.--The head of an agency that employs covered 
officials shall provide training to each such covered official on 
obtaining or providing medical assistance to individuals in medical 
distress.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 13 of title 18, United States Code, is amended by adding at the 
end the following:

``250. Medical attention for individuals in Federal custody displaying 
                            medical distress.''.
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