119-hr3178

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3178 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3178

 To protect hospital personnel from violence, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 5, 2025

Ms. Dean of Pennsylvania (for herself and Mrs. Miller-Meeks) introduced 
 the following bill; which was referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

 To protect hospital personnel from violence, and for other purposes.

 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 ``Save Healthcare Workers Act''.

SEC. 2. PREVENTION OF VIOLENCE AGAINST HOSPITAL PERSONNEL.

    (a) 

=== Findings ===
-Congress makes the following findings:

    (1) The incidence of assault and intimidation against 
 hospital employees poses a serious national problem.

    (2) The problem of assault and intimidation against 
 hospital and health care employees preceded the COVID-19 
 pandemic. According to an April 2020 Bureau of Labor Statistics 
 report, the health care and social service industries 
 experienced the highest rates of injuries caused by workplace 
 violence and were 5 times as likely to suffer a workplace 
 violence injury than workers overall in 2018. That report also 
 found that the incidence rate for workplace violence against 
 health care workers had steadily increased since 2011. The 
 COVID-19 pandemic exacerbated this growing problem.

    (3) Workplace violence in hospitals inhibits hospital 
 employees from performing their duties and thereby disrupts the 
 delivery of health care services and leads to adverse patient 
 outcomes. Violence towards hospital workers also has been 
 associated with decreased productivity and quality of care, 
 employee absenteeism, and increased employee turnover.

    (4) State and local authorities are now and will continue 
 to be responsible for prosecuting the overwhelming majority of 
 violent crimes in the United States, including assault and 
 intimidation against hospital employees. These authorities can 
 address the problem of assault and intimidation against 
 hospital employees more effectively with greater Federal law 
 enforcement involvement.

    (5) Existing Federal law is inadequate to address this 
 problem.

    (6) Assault and intimidation against hospital employees 
 substantially affects interstate commerce in many ways, 
 including the following:
        (A) Health care services are a significant part of 
 the national economy. In 2023, expenditures on health 
 care services accounted for 17.6 percent of the 
 country's gross domestic product. Within health care, 
 hospitals and health systems are economic pillars that 
 create jobs and support economic growth across State 
 lines.
        (B) The health care market, and hospitals in 
 particular, are heavily regulated by the Federal 
 Government.
            (C) Hospital revenue comes from interstate or 
 Federal sources, such as out-of-State insurers or 
 Medicare.
            (D) Hospital employees who are victims of assault 
 or intimidation are prevented from purchasing goods and 
 services, obtaining or sustaining employment, or 
 participating in other commercial activity.
        (E) Facilities and instrumentalities of interstate 
 commerce have been used in the commission of assault 
 and intimidation against hospital employees.
        (F) Assault and intimidation against hospital 
 employees has been committed using articles that have 
 traveled in interstate commerce.

    (7) In Summit Health, Ltd. v. Pinhas, 500 U.S. 322, 329-30

    (1991) , the Supreme Court of the United States held that it is 
 ``clear'' that hospitals are ``regularly'' engaged in 
 interstate commerce, performing services for out-of-State 
 patients and generating revenues from out-of-State sources.

    (8) In Taylor v. United States, 579 U.S.___

    (2016) , the 
 Supreme Court of the United States ruled that activities that 
 affect commerce may be regulated so long as they substantially 
 affect interstate commerce in the aggregate, even if their 
 individual impact on interstate commerce is minimal. In 
 addition, as the United States Court of Appeals for the Fourth 
 Circuit recognized in United States v. Hill, 927 F.3d 188 (4th 
 Cir. 2019), Taylor and other Supreme Court decisions establish 
 that when Congress may regulate an economic or commercial 
 activity--as it may with respect to hospitals--it also may 
 regulate violent conduct that interferes with or affects that 
 activity. Accordingly, if individuals are engaged in ongoing 
 economic or commercial activity subject to congressional 
 regulation--as hospital employees are--then Congress also may 
 prohibit violent crime that interferes with or affects such 
 individuals' ongoing economic or commercial activity.

    (9) Federal jurisdiction over certain violent crimes 
 against hospital employees enables Federal, State, and local 
 authorities to work together as partners in the investigation 
 and prosecution of such crimes.

    (10) The problem of assault and intimidation against 
 hospital employees is serious, widespread, and interstate in 
 nature as to warrant Federal assistance to hospitals to combat 
 that activity.

    (b) Prohibition on Assault of Hospital Personnel in the Performance 
of Duties.--

    (1) In general.--Chapter 7 of title 18, United States Code, 
 is amended by adding at the end the following:
``

Sec. 120. Assault of hospital personnel
 ``

    (a) In General.--Whoever knowingly assaults an individual 
employed by a hospital, or an entity contracting with a hospital or 
other medical facility, during the course of the performance of the 
duties of such individual, and, as a result, interferes with the 
performance of the duties of such individual or limits the ability of 
such individual to perform such duties, shall be fined under this 
title, imprisoned not more than 10 years, or both.
 ``

    (b) Enhanced Penalties.--
 ``

    (1) Acts involving dangerous weapons or acts that result 
 in bodily injury.--Whoever, in the commission of any act 
 described in subsection

    (a) , uses a deadly or dangerous weapon 
 or inflicts bodily injury, shall be fined under this title or 
 imprisoned not more than 20 years, or both.
 ``

    (2) Acts committed during emergency declarations.--
 Whoever commits any act described in subsection

    (a) during the 
 period of a declaration of a public emergency for the area in 
 which the act is committed shall be fined under this title or 
 imprisoned not more than 20 years, or both.
 ``
            (c) Affirmative Defense.--It shall be an affirmative defense to a 
prosecution under this section that--
 ``

    (1) the defendant is a person with a physical, mental, or 
 intellectual disability; and
 ``

    (2) the conduct of the defendant was a clear and direct 
 manifestation of such disability.
 ``
            (d) === Definitions. ===
-In this section:
 ``

    (1) Hospital.--The term `hospital' means any of the 
 following medical facilities:
 ``
        (A) A hospital (as defined in 

section 1861

    (e) of 
 the Social Security Act (42 U.S.C. 1395x

    (e) )).
 ``
        (B) A long-term care hospital (as defined in 
 

section 1861
            (ccc) of such Act (42 U.S.C. 1395x
            (ccc) )).
 ``
            (C) A rehabilitation facility (as defined in 
 

section 1886

    (j)

    (1)
        (A) of such Act (42 U.S.C. 
 1395ww

    (j)

    (1)
        (A) )).
 ``
            (D) A cancer hospital (as described in 

section 1886
            (d) (1)
        (B)
            (iii) of such Act (42 U.S.C. 
 1395ww
            (d) (1)
        (B)
            (iii) )).
 ``
        (E) A children's hospital (as described in 
 

section 1886
            (d) (1)
        (B)
            (v) of such Act (42 U.S.C. 
 1395ww
            (d) (1)
        (B)
            (v) )).
 ``
        (F) A critical access hospital (as defined in 
 

section 1861
            (mm) (1) of such Act (42 U.S.C. 
 1395x
            (mm) (1) )).
 ``
        (G) A rural emergency hospital (as defined in 
 

section 1861

    (kkk)

    (2) of such Act (42 U.S.C. 
 1395x

    (kkk)

    (2) )).
 ``

    (2) Declaration of a public emergency.--The term 
 `declaration of a public emergency' means any of the following:
 ``
        (A) A public health emergency declared by the 
 Secretary of Health and Human Services under 

section 319 of the Public Health Service Act.
 ``
        (B) An emergency or disaster declared by the 
 President pursuant to the Robert T. Stafford Disaster 
 Relief and Emergency Assistance Act.''.

    (2) Clerical amendment.--The table of sections for chapter 
 7 of title 18, United States Code, is amended by adding at the 
 end the following:

``120. Assault of hospital personnel.''.
            (c) Grants for the Protection of the Hospital Workforce Against 
Violence.--Title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10101 et seq.) is amended by inserting after part OO 
the following:

 ``PART PP--GRANT PROGRAM FOR HOSPITAL WORKFORCE SAFETY AND SECURITY

``

SEC. 3061. GRANT AUTHORIZATION.

 ``

    (a) In General.--The Attorney General may make grants under this 
part to hospitals for the purpose of carrying out programs to reduce 
the incidence of violence at hospitals, including violence or 
intimidation against hospital personnel in the performance of their 
duties.
 ``

    (b) Use of Funds.--A grant awarded under this part shall be used 
to reduce the incidence of violence at hospitals through programs that 
may include one or more of the following:
 ``

    (1) Training hospital personnel to prevent violence or 
 intimidation against others or themselves, including de-
 escalation training and specialized training in responding to 
 mental health crises.
 ``

    (2) Coordination with State and local law enforcement.
 ``

    (3) Placement and use of hospital access control 
 technologies, video surveillance, metal detection, panic 
 buttons, status alert systems, restricted access capabilities, 
 and safe patient and staff rooms, and other violence-prevention 
 tools or measures.
 ``

    (4) Any other measures that the Attorney General 
 determines may provide a significant improvement in--
 ``
        (A) training for violence prevention at 
 hospitals; and
 ``
        (B) protection against violence and intimidation 
 of hospital personnel.
 ``
            (c) Preferential Consideration in Awarding Grants.--In awarding 
grants under this part, the Attorney General shall give preferential 
consideration, if feasible, to an application from a hospital that--
 ``

    (1) has a demonstrated need for improved security;
 ``

    (2) has a demonstrated need for financial assistance; and
 ``

    (3) has evidenced the ability to make the improvements 
 for which the grant amounts are sought.
 ``
            (d) Equitable Distribution of Grant Funds.--In awarding grants 
under this part, the Attorney General shall ensure, to the extent 
practicable, an equitable geographic distribution among the regions of 
the United States and among urban, suburban, and rural areas.
 ``

    (e) Administrative Costs.--Not more than 2 percent of a grant 
made under this part may be used for costs incurred to administer such 
grant.

``

SEC. 3062. APPLICATIONS.

 ``

    (a) In General.--To request a grant under this part, the chief 
executive of a hospital shall submit an application to the Attorney 
General at such time, in such form, and containing such information as 
the Attorney General may reasonably require.
 ``

    (b) Requirements.--Each application under this section shall 
include--
 ``

    (1) a detailed explanation of--
 ``
        (A) the intended uses of funds provided under the 
 grant; and
 ``
        (B) how the activities funded under the grant 
 will satisfy the purpose of this part;
 ``

    (2) an assurance that the applicant shall maintain and 
 report such programmatic and financial data, records, and 
 information as the Attorney General may reasonably require; and
 ``

    (3) a certification, made in a form acceptable to the 
 Attorney General, that--
 ``
        (A) the programs to be funded by the grant meet 
 all the requirements of this part;
 ``
        (B) all the information contained in the 
 application is correct; and
 ``
            (C) the applicant will comply with all provisions 
 of this part and all other applicable Federal laws.
 ``
            (c) Guidelines.--Not later than 90 days after the date of the 
enactment of this part, the Attorney General shall promulgate 
guidelines to implement this section.

``

SEC. 3063. ANNUAL REPORT TO CONGRESS; GRANT ACCOUNTABILITY.

 ``

    (a) Annual Report.--Not later than 90 days after the end of the 
fiscal year for which funding for grants under this part is made 
available, the Attorney General shall submit to Congress a report 
regarding the activities carried out under this part. Each such report 
shall include, for the preceding fiscal year, the number of grants 
funded under this part, the amount of funds provided under those 
grants, and the activities for which those grant funds were used.
 ``

    (b) Grant Accountability.--

Section 3026 (relating to grant 
accountability) shall apply to grants awarded by Attorney General under 
this part. For purposes of the preceding sentence, any references in 

section 3026 to part LL shall be considered references to part PP.

``

SEC. 3064. DEFINITION.

 ``For purposes of this part, the term `hospital' has the meaning 
given such term in 

section 120
            (d) (1) of title 18, United States Code.

``

SEC. 3065. AUTHORIZATION OF APPROPRIATIONS.

 ``There are authorized to be appropriated $25,000,000 for each of 
fiscal years 2025 through 2034 to carry out this part. Funds 
appropriated for a fiscal year pursuant to the preceding sentence shall 
remain available until expended.''.
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