I 112th CONGRESS 1st Session H. R. 967 IN THE HOUSE OF REPRESENTATIVES March 9, 2011 Mrs. Schmidt introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 and the Federal Insecticide, Fungicide, and Rodenticide Act to support efforts to control and eradicate bed bugs with respect to public health, and for other purposes.

1.

Short title

This Act may be cited as the Bed Bug Management, Prevention, and Research Act.

2.

Establishment of research program to control and eradicate bed bugs

(a)

Bed bug research program

Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925) is amended— (1)by redesignating subsection (j) as subsection (k); and (2)by inserting after subsection (h) the following new subsection: (j)

Bed bug control

(1)

Authorization and use of grants

The Secretary, in consultation with the task force appointed under paragraph (2), shall award grants under this subsection for only for the following purposes: (A)Developing more efficacious chemicals and chemical methods of detecting, preventing, and managing bed bugs. (B)Identifying or discovering affordable and effective methods of managing bed bugs, including basic and applied biology and demonstration research projects. (2)

Task force

(A)

Establishment

Pursuant to subsection (b)(2)(C), the Secretary shall, not later than 90 days after the date of the enactment of the Bed Bug Management, Prevention, and Research Act, appoint a bed bug task force (referred to in this subsection as the task force) to assist the Secretary in awarding grants under this section. (B)

Composition

The task force shall be composed of members or representatives of the following: (i)The pest management industry. (ii)The hospitality industry (including hotels, motels, and other forms of lodging or accommodation). (iii)The multi-family housing management industry. (iv)Public health organizations. (v)Any other group or industry the Secretary determines is significantly impacted by bed bugs. (3)

Initial grants

(A)

Requests for proposals

The Secretary shall, not later than 180 days after the date of the enactment of the Bed Bug Management, Prevention, and Research Act and in consultation with the task force, publish a request for grant proposals for research projects for the purposes described in paragraph (1). (B)

Award of grants

Not later than 180 days after the date of such publication, the Secretary shall— (i)evaluate such proposals in consultation with the task force; and (ii)award grants to entities that submitted grant proposals for research projects the Secretary determines are meritorious for the purposes described in paragraph (1). (C)

Notification requirement

The Secretary shall notify the task force of any award made under subparagraph (B) not later than 30 days after awarding such grant. (4)

Subsequent grants

(A)

Evaluation of initial grants

The Secretary shall, in consultation with the task force, evaluate each research project conducted under any grant awarded under paragraph (3)(B). (B)

Award of grants

The Secretary shall, in consultation with the task force, award grants to fund additional research projects that the Secretary determines to be promising or necessary based on the evaluation conducted under subparagraph (A). (C)

Notification requirement

The Secretary shall notify the task force of any award made under subparagraph (B) not later than 30 days after awarding such grant. (5)

Consultation and coordination

To expedite the approval or registration under section 3, section 18, or section 24 of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136a, 136p, and 136v) of the methods identified or discovered through research projects funded under this section, the Secretary shall consult and coordinate with the Administrator of the Environmental Protection Agency regarding— (A)the awarding of grants under this section; and (B)the evaluation of the results of such research projects. . (b)

Waiver of matching funds requirement

Subsection (c)(2) of such section is amended— (1)by striking or at the end of subparagraph (A); (2)by striking the period at the end of subparagraph (B) and inserting ; or; and (3)by adding at the end the following new subparagraph: (C)the project involves a pest that has been designated as a pest of public health significance by the Environmental Protection Agency and the Centers for Disease Control and Prevention, as described in section 2(nn) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(nn)). . (c)

Conforming amendments

Such section is further amended— (1)in subsection (a), by striking through (i) and inserting through (j); and (2)in subsection (b)(2), by striking through (i) and inserting through (j).

3.

Amendments to Federal Insecticide, Fungicide, and Rodenticide Act to improve efforts to control and eradicate bed bugs

(a)

Inclusion of bed bugs in definition of vector organisms

Section 2(oo) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(oo)) is amended by inserting bed bugs, after cockroaches,. (b)

Definition of adverse effects

Section 2(bb) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(bb)) is amended by adding before the period at the end of the last sentence the following: , such as whether there are insufficient efficacious alternative registered pesticides available for the use, whether the lack of sufficient efficacious alternative registered pesticides will reasonably lead to the misuse of other pesticides or other inappropriate pest management strategies that pose risks to the environment or human health, and whether the registration or approval of use of the public health pesticide will play a significant part in managing pest resistance. (c)

Efficacy data for exempted pesticides

Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(b)) is amended by adding at the end the following new sentences: Notwithstanding the exemption of a pesticide under this subsection, the Administrator shall require the submission of efficacy data (and evaluate such data) if the pesticide is labeled for or proposed to be labeled for the control of a pest of public health significance. The Administrator shall not permit the sale or distribution of any product that is marketed, distributed, or sold with a claim that such product will control a public health pest if the efficacy data submitted under this subsection does not support such claim.. (d)

Bed Bug Prevention and Mitigation Pilot Program

The Federal Insecticide, Fungicide, and Rodenticide Act is amended by inserting after section 20 (7 U.S.C. 136r) the following new section:

20A.

Bed Bug Prevention and Mitigation Pilot Program

(a)

Grant authority

Using funds appropriated to carry out this Act, the Administrator shall award grants to three State agencies whose plans have been approved by the Administrator in accordance with the requirements of section 11 for the purposes of conducting a pilot program under which political subdivisions of the State and housing authorities in the State use the grant funds to supplement on-going bed bug prevention and mitigation activities. At least one of the three grants shall be awarded to one such State agency that, before November 1, 2009, submitted a public health exemption request under section 18, which proposed a use of a pesticide to control bed bugs, but which was voluntarily canceled under section 6(f). (b)

Distribution of Funds

As a condition on the receipt of the grant under subsection (a), the recipient State agency, working in conjunction with the State department of health, shall agree to distribute the grant funds to political subdivisions and housing authorities— (1)addressing persistent bed bug infestations; and (2)whose residents lack the financial resources to adequately mitigate bed bug infestations without assistance. (c)

Time for award and distribution

The grants under subsection (a) for a fiscal year shall be awarded within 180 days after the appropriation of funds for that fiscal year to carry out this Act. Recipient State agencies shall begin disseminating grants within 120 days receiving the grant funds. (d)

Use of Funds

Grant funds may be used— (1)to retain commercial applicators to perform bed bug prevention and mitigation activities that are proven to effectively control bed bugs; (2)to purchase and distribute mattress covers; (3)to conduct bed bug monitoring activities; and (4)to treat used mattresses and furniture using methods proven to control all life stages of bed bugs. (e)

Data Collection

After the end of fiscal year 2016, the Administrator shall collect from the recipient State agencies the following data: (1)The number of political subdivisions and housing authorities receiving grant funds and total funds awarded to each political subdivision and housing authority. (2)The criteria used to award funds to such political subdivisions and housing authorities. (3)The success achieved in reducing bed bug infestation and the methods used to manage bed bug infestation. (4)Documented results of intervention efforts with some measurement of infestation rates both before and after intervention. (f)

Report to Congress

Not later than January 1, 2017, the Administrator shall submit to Congress a report setting forth the data collected under subsection (e). (g)

Expiration of grant authority

No grants may be made under subsection (a) after September 30, 2017.

.