[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5391 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5391

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2002

Mrs. Morella (for herself, Mr. Ehrlich, Mr. Gilchrest, and Ms. Norton) 
 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

_______________________________________________________________________

                                 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; but
                    (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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