To provide for the establishment of the National Institutes of Health Police, and for other purposes.

May 22, 2003

Mr. VAN HOLLEN (for himself, Mr. TOM DAVIS of Virginia, Mr. WAXMAN, Mrs. JO ANN DAVIS of Virginia, Mr. DAVIS of Illinois, Ms. NORTON, Mr. WYNN, Mr. CARDIN, Ms. JACKSON-LEE of Texas, Mr. MCDERMOTT, Mr. FROST, Mr. KILDEE, and Mr. BISHOP of New York) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To provide for the establishment of the National Institutes of Health Police, 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 `NIH Security Act'.

SEC. 2. NATIONAL INSTITUTES OF HEALTH POLICE.

(a) ESTABLISHMENT- The Director of the National Institutes of Health (in this section referred to as the `Director of NIH') shall establish a permanent police force, to be known as the National Institutes of Health Police (in this section referred to as the `NIH Police'), for the purpose of performing law enforcement, security, and investigative functions for property under the jurisdiction, custody, and control of or occupied by the National Institutes of Health.

(b) APPOINTMENT OF OFFICERS-

(1) IN GENERAL- The Director of NIH shall appoint a Chief, a Deputy Chief, and such other officers as may be necessary to carry out the purpose of the NIH Police.

(2) OFFICERS ABOVE MAXIMUM AGE- The Director of NIH may appoint officers of the NIH Police without regard to standard maximum limits of age prescribed under section 3307 of title 5, United States Code. Officers appointed under this paragraph--

(A) may include the Chief and Deputy Chief of the NIH Police, shall have the same authorities and powers as other officers of the NIH Police, and shall receive the same pay and benefits as other officers of the NIH Police; and

(B) shall not be treated as law enforcement officers for purposes of retirement benefits.

(c) POWERS- Each officer of the NIH Police may--

(1) carry firearms, serve warrants and subpoenas issued under the authority of the United States, and make arrests without warrant for any offense against the United States committed in the officer's presence, or for any felony cognizable under the laws of the United States, if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony;

(2) conduct investigations within the United States and its territories for offenses that have been or may be committed on property described in paragraph (1) or (2) of subsection (d); and

(3) protect in any area of the United States or its territories the Director of NIH and other officials, as authorized by the Director of NIH.

(d) JURISDICTION- Officers of the NIH Police may exercise their powers--

(1) on all properties under the custody and control of the National Institutes of Health;

(2) on other properties occupied by the National Institutes of Health, as determined by the Director of NIH; and

(3) as authorized under paragraphs (2) and (3) of subsection (c).

(e) PAY, BENEFITS, RETIREMENT-

(1) IN GENERAL- Subject to subsection (b)(2)(B) and paragraph (2)(A) of this subsection, all officers of the NIH Police appointed under subsection (b) are law enforcement officers as that term is used in title 5, United States Code, without regard to any eligibility requirements prescribed by law, and are eligible for all pay and benefits prescribed by law for such law enforcement officers.

(2) PAY; RANKS-

(A) PAY- The officers of the NIH Police shall receive the same pay and benefits, as determined by the Director of NIH, as officers who hold comparable positions in the United States Park Police. For purposes of this subparagraph, the Chief of the NIH Police is deemed comparable to the Assistant Chief in the United States Park Police, and the Deputy Chief of the NIH Police is deemed comparable to the Deputy Chief in the United States Park Police.

(B) RANK- The Chief and Deputy Chief of the NIH Police shall have ranks not lower than a colonel and a lieutenant colonel, respectively. Other ranks and equivalences shall be determined by the Director of NIH or the Director's designee.

END