Andrew Kearse Accountability for Denial of Medical Care Act of 2025
Summary
SB 1914, the Andrew Kearse Accountability for Denial of Medical Care Act of 2025, would create a new federal criminal offense for certain federal law enforcement and corrections personnel who negligently fail to obtain or provide immediate medical attention to a person in federal custody who is visibly in medical distress. The bill defines covered officials to include federal law enforcement officers, Bureau of Prisons personnel, and U.S. Marshals Service personnel, and it specifically notes that medical distress includes breathing difficulties.
Under the bill, a violation occurs only if the failure to act results in unnecessary pain, injury, or death. A covered official could be fined, imprisoned for up to one year, or both. The bill also directs the appropriate Inspector General to investigate incidents, refer negligent cases for prosecution, and establish a confidential complaint process. In addition, agency heads would be required to train covered officials on obtaining or providing medical assistance to individuals in distress.
Impact
The bill would amend chapter 13 of title 18 of the U.S. Code by adding a new section establishing duties, penalties, investigative procedures, and training requirements related to medical care in federal custody. It would affect federal law enforcement agencies, the Bureau of Prisons, and the U.S. Marshals Service, while also creating a role for state attorneys general to bring civil actions for equitable and declaratory relief on behalf of aggrieved residents. The measure would therefore expand federal accountability mechanisms for custodial medical emergencies and potentially increase litigation and oversight involving federal detention settings.
Sentiment
No committee transcript or vote record is available, so there is no recorded debate or roll-call history to indicate broader legislative sentiment. Based on the bill text and its framing as an accountability measure named for Andrew Kearse, the proposal appears intended to address concerns about denial of medical care in custody and to strengthen protections for detainees and prisoners. The overall tone of the legislation is remedial and enforcement-oriented rather than partisan or procedural.
Contention
The main points of potential contention are the bill’s creation of criminal liability for negligent failures to act, the use of a negligence standard rather than a higher mens rea, and the involvement of state attorneys general in civil enforcement of conduct by federal officials. Federal law enforcement and corrections agencies may also object to the operational and training burdens, as well as the possibility of increased investigations and prosecutions. Supporters are likely to emphasize detainee safety, accountability, and prevention of avoidable injury or death, while critics may focus on federal liability exposure and the scope of state enforcement authority.