[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2574 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2574

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2004

 Ms. Mikulski (for herself and Mr. Sarbanes) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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;
                    (B) shall have the same authorities and powers as 
                other officers of the NIH Police;
                    (C) shall receive the same pay and benefits as 
                other officers of the NIH Police; and
                    (D) 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)(D) and 
        paragraph (2)(A), all officers of the NIH Police appointed 
        under subsection (b) are--
                    (A) law enforcement officers as that term is used 
                in title 5, United States Code, without regard to any 
                eligibility requirements prescribed by law; and
                    (B) 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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