[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.