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108th CONGRESS
1st Session
H. R. 2276
To provide for the establishment of the National Institutes of Health
Police, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
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
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A BILL
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.
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