Federal officials would face penalties for harmful failures to get care

Covered officials would face fines, up to one year in prison, or both for violating the medical care requirement. This covers federal law enforcement officers, Bureau of Prisons staff, and U.S. Marshals Service staff when the person is in federal custody. Medical distress includes breathing difficulties. The failure to obtain or provide immediate care must be negligent and cause unnecessary pain, injury, or death. The person must display medical distress in the official's presence.

Federal agency watchdogs would investigate these failures and accept confidential complaints. This covers federal law enforcement officers, Bureau of Prisons staff, and U.S. Marshals Service staff. The Justice Department's watchdog would handle agencies without their own. Watchdogs who find negligence would have to refer the case to the U.S. Attorney General for prosecution.

States could bring civil cases in federal court over violations affecting their residents. The underlying violation involves covered federal staff negligently failing to get immediate care for someone in federal custody showing medical distress in their presence, causing unnecessary pain, injury, or death. A state attorney general must have reasonable cause to believe a resident was harmed by a violation. The attorney general or another state-designated official or body could bring the case.

Agency heads would provide medical assistance training to every covered official they employ. Training would cover obtaining or providing medical assistance to people in medical distress.