[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1015 Enrolled Bill (ENR)]
S.1015
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To authorize grants through the Centers for Disease Control and
Prevention for mosquito control programs to prevent mosquito-borne
diseases, 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 ``Mosquito Abatement for Safety and
Health Act''.
SEC. 2. GRANTS REGARDING PREVENTION OF MOSQUITO-BORNE DISEASES.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.), as amended by section 4 of Public Law 107-84 and section 312
of Public Law 107-188, is amended--
(1) by transferring section 317R from the current placement of
the section and inserting the section after section 317Q; and
(2) by inserting after section 317R (as so transferred) the
following:
``SEC. 317S. MOSQUITO-BORNE DISEASES; COORDINATION GRANTS TO STATES;
ASSESSMENT AND CONTROL GRANTS TO POLITICAL SUBDIVISIONS.
``(a) Coordination Grants to States; Assessment Grants to Political
Subdivisions.--
``(1) In general.--With respect to mosquito control programs to
prevent and control mosquito-borne diseases (referred to in this
section as `control programs'), the Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
make grants to States for the purpose of--
``(A) coordinating control programs in the State involved;
and
``(B) assisting such State in making grants to political
subdivisions of the State to conduct assessments to determine
the immediate needs in such subdivisions for control programs,
and to develop, on the basis of such assessments, plans for
carrying out control programs in the subdivisions.
``(2) Preference in making grants.--In making grants under
paragraph (1), the Secretary shall give preference to States that
have one or more political subdivisions with an incidence,
prevalence, or high risk of mosquito-borne disease, or a population
of infected mosquitoes, that is substantial relative to political
subdivisions in other States.
``(3) Certain requirements.--A grant may be made under
paragraph (1) only if--
``(A) the State involved has developed, or agrees to
develop, a plan for coordinating control programs in the State,
and the plan takes into account any assessments or plans
described in subsection (b)(3) that have been conducted or
developed, respectively, by political subdivisions in the
State;
``(B) in developing such plan, the State consulted or will
consult (as the case may be under subparagraph (A)) with
political subdivisions in the State that are carrying out or
planning to carry out control programs;
``(C) the State agrees to monitor control programs in the
State in order to ensure that the programs are carried out in
accordance with such plan, with priority given to coordination
of control programs in political subdivisions described in
paragraph (2) that are contiguous;
``(D) the State agrees that the State will make grants to
political subdivisions as described in paragraph (1)(B), and
that such a grant will not exceed $10,000; and
``(E) the State agrees that the grant will be used to
supplement, and not supplant, State and local funds available
for the purpose described in paragraph (1).
``(4) Reports to secretary.--A grant may be made under
paragraph (1) only if the State involved agrees that, promptly
after the end of the fiscal year for which the grant is made, the
State will submit to the Secretary a report that--
``(A) describes the activities of the State under the
grant; and
``(B) contains an evaluation of whether the control
programs of political subdivisions in the State were
effectively coordinated with each other, which evaluation takes
into account any reports that the State received under
subsection (b)(5) from such subdivisions.
``(5) Number of grants.--A State may not receive more than one
grant under paragraph (1).
``(b) Prevention and Control Grants to Political Subdivisions.--
``(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, may make grants
to political subdivisions of States or consortia of political
subdivisions of States, for the operation of control programs.
``(2) Preference in making grants.--In making grants under
paragraph (1), the Secretary shall give preference to a political
subdivision or consortium of political subdivisions that--
``(A) has--
``(i) a history of elevated incidence or prevalence of
mosquito-borne disease;
``(ii) a population of infected mosquitoes; or
``(iii) met criteria determined by the Secretary to
suggest an increased risk of elevated incidence or
prevalence of mosquito-borne disease in the pending fiscal
year;
``(B) demonstrates to the Secretary that such political
subdivision or consortium of political subdivisions will, if
appropriate to the mosquito circumstances involved, effectively
coordinate the activities of the control programs with
contiguous political subdivisions;
``(C) demonstrates to the Secretary (directly or through
State officials) that the State in which such a political
subdivision or consortium of political subdivisions is located
has identified or will identify geographic areas in such State
that have a significant need for control programs and will
effectively coordinate such programs in such areas; and
``(D) is located in a State that has received a grant under
subsection (a).
``(3) Requirement of assessment and plan.--A grant may be made
under paragraph (1) only if the political subdivision or consortium
of political subdivisions involved--
``(A) has conducted an assessment to determine the
immediate needs in such subdivision or consortium for a control
program, including an entomological survey of potential
mosquito breeding areas; and
``(B) has, on the basis of such assessment, developed a
plan for carrying out such a program.
``(4) Requirement of matching funds.--
``(A) In general.--With respect to the costs of a control
program to be carried out under paragraph (1) by a political
subdivision or consortium of political subdivisions, a grant
under such paragraph may be made only if the subdivision or
consortium agrees to 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 \1/3\ of such costs ($1 for each $2 of Federal funds
provided in the grant).
``(B) Determination of amount contributed.--Non-Federal
contributions required in 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) Waiver.--The Secretary may waive the requirement
established in subparagraph (A) if the Secretary determines
that extraordinary economic conditions in the political
subdivision or consortium of political subdivisions involved
justify the waiver.
``(5) Reports to secretary.--A grant may be made under
paragraph (1) only if the political subdivision or consortium of
political subdivisions involved agrees that, promptly after the end
of the fiscal year for which the grant is made, the subdivision or
consortium will submit to the Secretary, and to the State within
which the subdivision or consortium is located, a report that
describes the control program and contains an evaluation of whether
the program was effective.
``(6) Amount of grant; number of grants.--
``(A) Amount of grant.--
``(i) Single political subdivision.--A grant under
paragraph (1) awarded to a political subdivision for a
fiscal year may not exceed $100,000.
``(ii) Consortium.--A grant under paragraph (1) awarded
to a consortium of 2 or more political subdivisions may not
exceed $110,000 for each political subdivision. A
consortium is not required to provide matching funds under
paragraph (4) for any amounts received by such consortium
in excess of amounts each political subdivision would have
received separately.
``(iii) Waiver of requirement.--A grant may exceed the
maximum amount in clause (i) or (ii) if the Secretary
determines that the geographical area covered by a
political subdivision or consortium awarded a grant under
paragraph (1) has an extreme need due to the size or
density of--
``(I) the human population in such geographical
area; or
``(II) the mosquito population in such geographical
area.
``(B) Number of grants.--A political subdivision or a
consortium of political subdivisions may not receive more than
one grant under paragraph (1).
``(c) Applications for Grants.--A grant may be made under
subsection (a) or (b) only if an application for the grant is submitted
to the Secretary and the application is in such form, is made in such
manner, and contains such agreements, assurances, and information as
the Secretary determines to be necessary to carry out this section.
``(d) Technical Assistance.--Amounts appropriated under subsection
(f) may be used by the Secretary to provide training and technical
assistance with respect to the planning, development, and operation of
assessments and plans under subsection (a) and control programs under
subsection (b). The Secretary may provide such technical assistance
directly or through awards of grants or contracts to public and private
entities.
``(e) Definition of Political Subdivision.--In this section, the
term `political subdivision' means the local political jurisdiction
immediately below the level of State government, including counties,
parishes, and boroughs. If State law recognizes an entity of general
government that functions in lieu of, and is not within, a county,
parish, or borough, the Secretary may recognize an area under the
jurisdiction of such other entities of general government as a
political subdivision for purposes of this section.
``(f) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated $100,000,000 for
fiscal year 2003, and such sums as may be necessary for each of
fiscal years 2004 through 2007.
``(2) Public health emergencies.--In the case of control
programs carried out in response to a mosquito-borne disease that
constitutes a public health emergency, the authorization of
appropriations under paragraph (1) is in addition to applicable
authorizations of appropriations under the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002.
``(3) Fiscal year 2004 appropriations.--For fiscal year 2004,
50 percent or more of the funds appropriated under paragraph (1)
shall be used to award grants to political subdivisions or
consortia of political subdivisions under subsection (b).''.
SEC. 3. RESEARCH PROGRAM OF NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES.
Subpart 12 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.) is amended by adding at the end the following
section:
``methods of controlling certain insect and vermin populations
``Sec. 463B. The Director of the Institute shall conduct or support
research to identify or develop methods of controlling insect and
vermin populations that transmit to humans diseases that have
significant adverse health consequences.''.
SEC. 4. REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Health and Human Services, after consultation with the
Administrator of the Environmental Protection Agency shall submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report containing the following:
(1) A description of the status of the development of protocols
for ensuring the safety of the blood supply of the United States
with respect to West Nile Virus, including--
(A) the status of the development of screening mechanisms;
(B) changes in donor screening protocols; and
(C) the implementation of surveillance systems for the
transmission of the virus via the blood supply.
(2) Recommendations for improvements to be made to the safety
of the blood supply based on the development of protocols pursuant
to paragraph (1), including the need for expedited review of
screening mechanisms or other protocols.
(3) The benefits and risks of the spraying of insecticides as a
public health intervention, including recommendations and
guidelines for such spraying.
(4) The overall role of public health pesticides and the
development of standards for the use of such pesticides compared to
the standards when such pesticides are used for agricultural
purposes.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.