[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1015 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                S. 1015

_______________________________________________________________________

                                 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--
                                    ``(A) the human population in such 
                                geographical area; or
                                    ``(B) 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.

            Passed the Senate June 16, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                S. 1015

_______________________________________________________________________

                                 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.