108th Congress

National Institutes of Health Security Act

H.R. 2276 and S. 2574

Background

Since the terrorist attacks of September 11, 2001, thousands of law enforcement jobs have become available that offer much higher pay and better retirement, death, and disability benefits than the National Institutes of Health (NIH) is authorized to provide. This situation has resulted in a recruitment and retention problem at the agency. In addition, there has been a longstanding concern that officers lack the necessary jurisdictional authority when investigating crimes that occur at NIH off-campus facilities.

Representative Chris Van Hollen, Jr. (D-MD) and Senator Barbara A. Mikulski (D-MD) introduced these measures to enable NIH to offer competitive pay and benefits and to provide clear jurisdiction.

Provisions of the Legislation/Impact on NIH

• Establishment of the NIH Police Force: These bills would establish in statute an NIH police force that would provide an enhanced level of law enforcement services. Each NIH officer would have the authority to conduct investigations, protect the NIH campus and its satellite facilities, carry firearms, serve warrants and subpoenas, and make arrests. The NIH Police would also have the authority to provide protection to high level NIH staff when they travel off campus.
• Jurisdictional Authority: In order for officers to address law enforcement issues that NIH perceives as critical at its off-campus facilities, the NIH Police would have the authority to exercise powers on all properties under the custody and control of NIH. This authority would allow the NIH Police to respond to emergencies, conduct investigations, and follow up on crimes committed in facilities owned by NIH, including off-campus facilities such as the Block Building, Poolesville Animal Center, and Rocky Mountain Laboratories. The Director of NIH would also have the authority to deploy officers to facilities leased or occupied by the agency, such as Rockledge and Executive Plaza.
• Pay and Benefits: The NIH Police would be provided with the same benefits as Federal Law Enforcement Officers as outlined in current law. These benefits include enhanced retirement and survivor and death benefits.

Status and Outlook

H.R. 2276 was introduced by Representative Van Hollen on May 22, 2003, and was jointly referred to the House Committees on Energy and Commerce and on Government Reform. No further action has occurred on this legislation.

S. 2574 was introduced by Senator Mikulski on June 24, 2004, and was referred to the Senate Committee on Health, Education, Labor and Pensions. No further action has occurred on this legislation.