SAVE Act

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2584 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2584

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2023

 Mr. Bucshon (for himself and Ms. Dean of Pennsylvania) 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 ``Safety From Violence for Healthcare 
Employees Act'' or the ``SAVE 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 2021, expenditures on health 
                care services accounted for 18.3 percent of the 
                country's gross domestic product (or 
                $4,300,000,000,000). Within health care, hospitals and 
                health systems are economic pillars that create jobs 
                and support economic growth across State lines. In 
                2021, hospitals directly employed 6,350,000 
                individuals. More broadly, hospitals supported 
                17,815,000 jobs throughout the entire interstate 
                economy--1 out of 8 jobs in the United States--and 
                supported nearly $4,000,000,000 in overall economic 
                activity.
                    (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 Interference With 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. Interference with performance of duties of hospital 
              personnel
    ``(a) In General.--Whoever knowingly assaults or intimidates 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) Defense.--It shall be a 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. Interference with performance of duties 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 2023 through 2032 to carry out this part. Funds 
appropriated for a fiscal year pursuant to the preceding sentence shall 
remain available until expended.''.
                                 &lt;all&gt;
</pre></body></html>