[Congressional Record Volume 150, Number 89 (Thursday, June 24, 2004)]
[Senate]
[Pages S7441-S7442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MIKULSKI (for herself and Mr. Sarbanes):
  S. 2574. A bill to provide for the establishment of the National 
Institutes of Health, Police, and for other purposes; to the Committee 
on Health, Education, Labor, and Pensions.
  Ms. MIKULSKI. Mr. President, I rise today to introduce the NIH 
Security Act. The National Institutes of Health (NIH) is one of 
America's most successful investments. NIH saves lives and helps 
Americans to live longer and live better. Research funded by NIH has 
made breakthroughs on many different fronts, from cutting edge 
bioterrorism research to mapping the human genome. Much of the research 
depends on experts working with hazardous chemicals or biological 
substances. We must make sure NIH is safe and secure--both to protect 
important research that may save future lives, and to make sure 
hazardous materials don't fall into the wrong hands.
  The main NIH campus and its satellite facilities contain 
approximately 3,000 research laboratories--2,500 of which are approved 
for the use of radioisotopes. NIH has 21 high-containment laboratories 
and two high-containment animal facilities. And NIH is constructing 
additional high-containment laboratories in order to tackle the 
challenging issue of defending the country against bioterrorism.
  We count on the NIH Police to protect this national treasure. Yet NIH 
Police officers are overworked and underpaid. Security at NIH 
facilities may be at risk because NIH is having trouble recruiting and 
retraining qualified police officers, and because the Police Department 
is not authorized to protect all of NIH's facilities.
  That's why I am introducing this bill to improve security at NIH by 
giving the NIH Police the authority they need to do their job and the 
pay and benefits they deserve for a job well done. This legislation 
does three things. It establishes a permanent police force at NIH. It 
expands their jurisdiction to cover all of NIH's campuses. And it gives 
NIH Police officers the same pay and retirement benefits that other 
Federal law enforcement officers have.
  Historically, NIH Police salaries have been among the lowest for law 
enforcement officers in the Washington-Metropolitan area. From 1998-
2002, the NIH Police had a 70 percent attrition rate. Most officers 
left for positions in other Federal and local law enforcement agencies 
that offered better pay and benefits. The constant turnover is having a 
devastating effect on morale, and it's costing taxpayers hundreds of 
thousands of dollars in overtime pay and lost training costs. That's 
because NIH invests in specialized training to make sure their officers 
are prepared to respond to potential biological, chemical, and nuclear 
disasters. But other agencies are able to lure these officers away. 
After spending the money to give their officers the training they need, 
NIH isn't able to give them the pay and benefits they deserve. My bill 
will ensure that NIH Police officers are getting the same pay and 
retirement benefits as other Federal law enforcement officers.
  My bill also gives NIH Police officers the authority to carry 
firearms, serve warrants and conduct investigations on all properties 
under the custody and control of the NIH. Currently, the NIH Police's 
jurisdiction is limited to the main campus in Bethesda, leaving 
thousands of employees and numerous laboratories without their 
protection. NIH currently employs unarmed security guards at its 
satellite facilities in Maryland and across the country. These security 
guards do the best they can, but they don't have the authority to 
enforce laws, and they aren't as highly trained as the NIH Police.
  NIH is serious about security. Dr. Zerhouni, the Director of NIH, 
fully recognizes the need for a highly quality police force to protect 
NIH and the surrounding community, and fully supports this legislation. 
Let's give the NIH Police the resources they need to make sure NIH is 
safe and secure. This is an important issue that must be addressed. I 
urge my colleagues to pass this important bill quickly, and I ask 
unanimous consent that the full text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2574

       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--

[[Page S7442]]

       (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.
                                 ______