H.R. 3178

[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.''.
<all>