[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3105 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3105

   To amend the Public Health Service Act to provide grants for the 
operation of enhanced mosquito control programs to prevent and control 
                        mosquito-borne diseases.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 10, 2002

Mr. Frist (for himself, Mr. Dodd, Mr. Santorum, Mr. Bayh, Mr. Cochran, 
and Mr. DeWine) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act to provide grants for the 
operation of enhanced mosquito control programs to prevent and control 
                        mosquito-borne diseases.

    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 ``West Nile Virus and Arboviral 
Disease Act''.

SEC. 2. TEMPORARY PROGRAM FOR WEST NILE VIRUS AND RELATED ARBOVIRAL 
              DISEASES.

    Section 319 of the Public Health Service Act (42 U.S.C. 247d) is 
amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (2) by inserting after subsection (a), the following:
    ``(b) Temporary Program for West Nile Virus and Related Arboviral 
Diseases.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, may 
        make grants to States for the prevention and control of West 
        Nile Virus and related arboviral diseases. States that receive 
        grants under this subsection are encouraged to work with local 
        health entities to develop prevention and control programs.
            ``(2) Preference in making grants.--In awarding grants 
        under paragraph (1), the Secretary may give preference to State 
        that--
                    ``(A) have an incidence or prevalence of West Nile 
                Virus or related arboviral diseases, or a population of 
                infected mosquitoes, that is substantial relative to 
                other States; or
                    ``(B) have an increased risk of West Nile Virus or 
                related arboviral diseases.
            ``(3) Use of funds.--Funds made available under a grant 
        under this subsection shall be used for--
                    ``(A) the development, implementation, and 
                evaluation by States and localities of community-based, 
                comprehensive mosquito control plans, based upon the 
                guidelines developed under paragraph (7); and
                    ``(B) the development and implementation of 
                programs on medical entomology, arbovirology, and other 
                vector-borne diseases, that would support longer term 
                prevention and control efforts, including training to 
                assist in developing a competent workforce to direct 
                and manage local mosquito and vector-borne disease 
                control programs.
            ``(4) Matching funds and limitation on supplanting.--
                    ``(A) In general.--To be eligible to receive a 
                grant under this subsection a State shall provide 
                assurances to the Secretary that the State shall, with 
                respect to the costs of the program to be carried out 
                by the State under the grant, make available (directly 
                or through donations from public or private entities) 
                non-Federal contributions toward such costs in an 
                amount that is not less than 50 percent of such costs 
                (or $1 for each $1 of Federal funds provided under the 
                grant).
                    ``(B) Determination of amount contributed.--Non-
                Federal contributions required under subparagraph (A) 
                may be in cash or in kind, fairly evaluated, including 
                plant, equipment, or services. Amounts provided by the 
                Federal Government, or services assisted or subsidized 
                to any significant extent by the Federal Government, 
                may not be included in determining the amount of such 
                non-Federal contributions.
                    ``(C) Supplement not supplant.--Amounts provided 
                under a grant under this subsection shall be used to 
                supplement, and not supplant, State and local funds 
                provided for activities of the type funded under this 
                subsection.
                    ``(D) Waiver.--The Secretary may waive the 
                requirements of subparagraph (A) with respect to a 
                State if the Secretary determines that extraordinary 
                economic conditions in the State justify such a waiver.
            ``(5) Local involvement.--
                    ``(A) In general.--A State that receives funds 
                under this subsection shall, to the extent practicable, 
                involve localities in the planning, implementation, and 
                evaluation of community-based, comprehensive mosquito 
                control plans.
                    ``(B) Local public health improvement.--A State 
                that receives a grant under this subsection shall 
                ensure that not less than 85 percent of the amount 
                received under the grant is expended at the local level 
                or for local public health improvement related to the 
                West Nile Virus or related arboviral diseases.
            ``(6) Technical assistance.--
                    ``(A) In general.--Amounts appropriated to carry 
                out this subsection may be used to expand the 
                capability of the Centers for Disease Control and 
                Prevention to provide technical support to State and 
                local health departments in the implementation and 
                evaluation of mosquito control programs and the 
                containment of relevant arboviral diseases. Such 
                technical assistance may include the development of 
                guidelines, as described in paragraph (7).
                    ``(B) Limitation.--Not to exceed 20 percent of the 
                amount appropriated to carry out this subsection for a 
                fiscal year may be used as provided for under 
                subparagraph (A).
            ``(7) Mosquito abatement guidelines.--The Secretary, acting 
        through the Director of the Centers for Disease Control and 
        Prevention and in consultation with public and private health 
        and mosquito control organizations, shall provide for the 
        development of a plan, together with standard operating 
        procedures, to serve as a guideline for State and local 
        communities for the development, implementation, and evaluation 
        of sustainable, locally managed, integrated mosquito control 
        programs. The elements of such guidelines shall be limited to 
        those functions determined as appropriate by the Director for 
        building the public health infrastructure. Such guidelines 
        should include programs to--
                    ``(A) identify new human cases of disease;
                    ``(B) track the spread of disease through 
                monitoring infection in mosquitoes, birds, horses, and 
                any other creatures that may be involved;
                    ``(C) provide laboratory support for testing;
                    ``(D) increase participation in the existing 
                surveillance system for arboviruses;
                    ``(E) provide for the conduct of educational and 
                public outreach campaigns to reduce exposure to 
                arboviruses; and
                    ``(F) outline appropriate procedures for mosquito 
                control and for monitoring possible health or 
                environmental effects.
            ``(8) Evaluation.--
                    ``(A) In general.--The Secretary shall conduct an 
                evaluation of the program established under this 
                subsection.
                    ``(B) Report.--Not later than 18 months after the 
                date of enactment of the West Nile Virus and Arboviral 
                Disease Act, the Secretary shall submit to Congress a 
                report concerning the program established under this 
                subsection, that shall include--
                            ``(i) the results of the evaluation 
                        conducted under subparagraph (A);
                            ``(ii) information related to the 
                        development of a sustainable mosquito abatement 
                        program for those States that have received 
                        funds under this subsection;
                            ``(iii) a description of the progress made 
                        in the development and implementation of the 
                        guidelines under paragraph (7); and
                            ``(iv) an evaluation of the overall costs 
                        and benefits of the program established under 
                        this subsection.
            ``(9) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, such sums as 
        may be necessary for each of fiscal years 2003 and 2004. In the 
        case of control programs carried out in response to the West 
        Nile Virus or related arboviruses that constitute a public 
        health emergency, the authorization of appropriations under the 
        preceding sentence is in addition to applicable authorizations 
        under the Public Health Security and Bioterrorism Response Act 
        of 2002 (or the amendments made by such Act).
            ``(10) Termination.--The program established under this 
        subsection shall terminate on September 30, 2004, except that 
        the Secretary, based on the evaluation conducted under 
        paragraph (6), may extend such program for an additional fiscal 
        year.''.

SEC. 3. RESEARCH PROGRAM.

    Part B of title II of the Public Health Service Act (42 U.S.C. 238 
et seq.) is amended by adding at the end the following:

``SEC. 249. ARBOVIRUS RESEARCH PROGRAM.

    ``(a) In General.--The President shall expand, intensify, and 
enhance research (either directly or through the awarding of grants or 
contracts) to--
            ``(1) identify or develop methods of controlling the 
        population of insects that transmit to humans diseases that 
        have significant adverse health consequences (including the 
        West Nile Virus);
            ``(2) develop rapid screening tools for West Nile Virus in 
        blood or organs;
            ``(3) develop pathogen inactivation technologies 
        (technologies that safely and cost-effectively remove RNA and 
        DNA from blood); and
            ``(4) develop additional methodologies for containing the 
        spread of the West Nile Virus or other related arboviruses.
    ``(b) Scope of Activities.--Activities under subsection (a)(1) may 
include examining methodologies that have been used or are being used 
to control insect populations as well as developing new methodologies.
    ``(c) Entities Involved.--Activities under subsection (a) may be 
carried out through the National Institute of Environmental Health 
Sciences, other Institutes at the National Institutes of Health, the 
Environmental Protection Agency, the Centers for Disease Control and 
Prevention. the Food and Drug Administration, or any other relevant 
Federal Government entity. To the extent practicable, in carrying out 
this section, the President shall promote coordination between the 
relevant Federal agencies, the private sector, and individuals and 
organizations with appropriate expertise including expertise in public 
health, entomology, arbovirology, and veterinary health.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2003 through 2007.''.
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