,,ii  #aafth ,,congress  #b;d ,session  
,s4 #djjj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ah1     
#bjbj,ms4 ,warren 7for herself1 ,mrs4   
,gillibrand1 ,mr4 ,markey1 ,mr4         
,blumenthal1 ,mr4 ,sanders1 and ,ms4    
,hirono7 introduced the following bill2 
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 distress4  #a4 ,short title     
,this ,act may be cited as the ,andrew  
,kearse ,accountability for ,denial of  
,medical ,care ,act of #bjbj4  #b4      
,medical attention for individuals in   
,federal custody displaying medical     
distress  7a7 ,in general ,chapter #ac  
of title #ah1 ,united ,states ,code1 is 
amended by adding at the end the        
following3  #bej4 ,medical attention for
 individuals in ,federal custody        
displaying medical distress  7a7        

,definitions ,in this section-- 7#a7 the
 term appropriate ,inspector ,general1  
with respect to a covered official1     
means-- 7,a7 the ,inspector ,general of 
the ,federal agency that employs the    
covered official2 or  7,b7 in the case  
of a covered official employed by a     
,federal agency that does not have an   
,inspector ,general1 the ,inspector     
,general of the ,department of ,justice2
  7#b7 the term covered official means a
 ,federal law enforcement officer 7as   
defined in section #aae7 or an officer  
or employee of the ,bureau of ,prisons2 
and  7#c7 the term medical distress     
includes breathing difficulties4  7b7   
,requirement  7#a7 ,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 official1 if the
 individual suffers unnecessary pain1   
injury1 or death as a result of that    

failure4  7#b7 ,penalty ,a covered      
official who violates paragraph 7#a7    
shall be fined under this title1        
imprisoned for not more than #a year1 or
 both4  7#c7 ,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   
7#a7 by a covered official1 the attorney
 general1 or another official1 agency1  
or entity designated by the ,state1 may 
bring a civil action in any appropriate 
district court of the ,united ,states to
 obtain appropriate equitable and       
declaratory relief4  7c7 ,inspector     
,general investigation  7#a7 ,in general
 ,the appropriate ,inspector ,general   
shall investigate any instance in       
which-- 7,a7 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 official2  
and  7,b7 the individual suffers        

unnecessary pain1 injury1 or death as a 
result of the failure to obtain or      
provide immediate medical attention4    
7#b7 ,referral for prosecution ,if an   
,inspector ,general1 in conducting an   
investigation under paragraph 7#a71     
concludes that the covered official     
acted negligently in failing to obtain  
or provide immediate medical attention  
to the individual in ,federal custody1  
the ,inspector ,general shall refer the 
case to the ,attorney ,general for      
prosecution under this section4  7#c7   
,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 7#a7 involving a covered      
official employed by the ,federal agency
 7or1 in the case of the ,inspector     
,general of the ,department of ,justice1
 involving a covered official employed  

by a ,federal agency that does not have 
an ,inspector ,general74  7d7 ,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    
distress4  4  7b7 ,technical and        
conforming amendment ,the table of      
sections for chapter #ac of title #ah1  
,united ,states ,code1 is amended by    
adding at the end the following3  #bej4 
,medical attention for individuals in   
,federal custody displaying medical     
distress4  4