[Congressional Record Volume 148, Number 116 (Friday, September 13, 2002)]
[Senate]
[Pages S8619-S8621]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. JOHNSON:
S. 2934. A bill to amend title 36, United States Code, to clarify the
requirements for eligibility in the American Legion; to the Committee
on the Judiciary.
Mr. JOHNSON. Mr. President, I rise today to introduce the American
Legion Amendment Act to make technical changes to the membership
qualifications in the Federal charter of the American Legion.
Under the American Legion's current charter, a veteran who leaves the
Armed Services may become a member of the American Legion if he or she
served since ``August 2, 1990 through the date of cessation of
hostilities, as decided by the United States Government'' and ``was
honorably discharged or separated from that service or continues to
serve honorably after that period.'' At this point, the United States
Government has not issued a cessation of hostilities decision for U.S.
military operations during this period. For those military men and
women who are no longer serving, they have discharge papers stating
they served honorably during that period which makes them qualified for
American Legion membership. Yet, servicemembers who served since August
2, 1990, and are still on active duty, have no discharge papers for the
period, and are not officially serving after the cessation of
hostilities. Therefore, they are not eligible for membership in the
American Legion despite their dedicated service in our nation's Armed
Forces.
The bill that I am introducing today would change the standard for a
veteran to qualify for membership in the American Legion to ``continues
to serve during or after that period.'' This change would make it clear
that membership is open to the thousands of active duty personnel who
served during operations Desert Shield and Desert Storm, in addition to
the operations that followed in Iraq, Bosnia, Kosovo, and Afghanistan.
As my colleagues in the Senate know, the American Legion continues to
be one of our Nation's most effective advocates on behalf of America's
veterans, as well as a pre-eminent service organization. The American
Legion has grown to nearly 3 million members whose efforts are truly
making a difference in communities throughout our country. As the
father of a son who served in Bosnia, Kosovo, and Afghanistan, I am
pleased to offer the American Legion Amendment Act that will offer him
and his military colleagues the opportunity and the honor to join the
American Legion.
I ask unanimous consent that the text of the bill be printed in the
Record.
[[Page S8620]]
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2934
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CLARIFICATION OF REQUIREMENTS FOR ELIGIBILITY IN
THE AMERICAN LEGION.
Section 21703(2) of title 36, United States Code, is
amended by inserting ``during or'' after ``continues to serve
honorably''.
______
By Ms. LANDRIEU:
S. 2935. A bill to amend the Public Health Service Act to provide
grants for the operation of mosquito control programs to prevent and
control mosquito-borne diseases; to the Committee on Health, Education,
Labor, and Pensions.
Ms. LANDRIEU. Mr. President, as you know, the State of Louisiana,
along with many other States, has for the past several months been
under siege. The enemy is small, but powerful, and great in number.
Hard to detect, they sneak up on you and with one attack, they can
change your life forever. To date, 10 Louisianans have lost their lives
in our war against mosquitos and the West Nile virus that they carry
and 222 more have been injured. In Baton Rouge, our State capital, 42
people have been reported to have been infected with the disease and
three have died. Only Illinois, with 292 human cases and 11 deaths, has
experienced more casualties from the virus than Louisiana.
I am here this morning to introduce legislation that asks for Federal
assistance for States to ``M.A.S.H.'' out this predator and stop the
spread of this disease. Throughout the history of Louisiana, spraying
for mosquitos and dredging the water they breed in has been a common
occurrence. Until now, however, it was done because mosquitos were
pests and they could carry deadly germs. Now, our State and local
officials are spraying around the clock in a desperate race to control
the worst outbreak of West Nile the Western hemisphere has ever seen.
There is no specific treatment for West Nile, nor a vaccine. The most
effective way to protect our citizens against this deadly virus is to
stop it before it happens.
I think that is clear that there is an urgent need for this bill to
become law. If passed, it can have an immediate effect in saving on the
lives of people in my State and throughout the nation. I want to be
clear, however, that this is not an effort to supplant state's
responsibility in this area, but to supplement it. Our State has and
will continue to dedicate a great deal of State and local resources
toward ``Fighting the Bite.'' On September 5, 2002, the State of
Louisiana began distributing $3.4 million in state funds to support the
local governments in their efforts to combat West Nile. The Department
of Health and Hospitals is spending over $200,000 on a public education
campaign asking people to do their share to avoid leaving standing
water and other mosquito havens. Two-thirds of Louisiana's population
is covered by an active mosquito control program and those without
mosquito control programs are using spray trucks provided by the
Louisiana Department of Agriculture and Forestry.
One might think that given the national public health threat imposed
by the spread of West Nile that there would already be Federal funding
of this type available. Natural disasters such as this require the
Federal, State and local governments to work together in a coordinated
fashion to bring immediate relief to affected citizens, to educate the
public, and to prevent the disease from inflicting further harm. Our
Nation's first experience with the West Nile Virus taught us that
effective treatment and prevention of this deadly disease also requires
coordination among the many Federal agencies with expertise and
jurisdiction. The formation of a West Nile Virus Coordinating
Committee, chaired by CDC and composed of representatives from USDA,
the United States Geological Survey's National Wildlife Health Center,
the Environmental Protection Agency, and the Defense Department was the
first step in this direction.
Louisiana's experience, thus far, has proven the necessity of this
coordinated approach. However, Federal leadership must continue to be
strengthened, and coordination must continue to be improved between
Federal agencies involved in West Nile. One of the shortfalls, and
perhaps the easiest to address, is the lack of an effective funding
source for mosquito control. In August of this year, the CDC endowed
the state of Louisiana with $3.4 million to use in the fight against
West Nile. The CDC money, though, cannot be spent on chemicals or
spraying, rather it must be spent on surveillance, education and
testing. It is for this reason that our Governor, and the Governor of
Mississippi appealed to FEMA for their help in increasing much needed
abatement activities. This request was denied.
West Nile is one of many vector borne diseases spread from birds to
humans by mosquitos. If our Nation's public health system is to respond
accordingly, then they must have the aid of effective mosquito
abatement programs. This bill puts that system in place. I am pleased
to by joined by my senior Senator from Louisiana, as well as Senators
Gregg and Hutchison. I am hopeful that before long this bill will be
supported by the majority of the Senate. I ask the majority leader for
his help in seeing to it that this bill is passed as soon as possible.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2935
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 so as to appear after
section 317Q; and
(2) by inserting after section 317R (as so transferred) the
following:
``SEC. 317S. MOSQUITO-BORNE DISEASES; ASSESSMENT AND CONTROL
GRANTS TO POLITICAL SUBDIVISIONS; COORDINATION
GRANTS TO STATES.
``(a) 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 for the
operation of mosquito control programs to prevent and control
mosquito-borne diseases (referred to in this section as
`control programs').
``(2) Preference in making grants.--In making grants under
paragraph (1), the Secretary shall give preference to
political subdivisions that--
``(A) have an incidence or prevalence of mosquito-borne
disease, or a population of infected mosquitoes, that is
substantial relative to other political subdivisions;
``(B) demonstrate to the Secretary that the political
subdivisions will, if appropriate to the mosquito
circumstances involved, effectively coordinate the activities
of the control programs with contiguous political
subdivisions; and
``(C) demonstrate to the Secretary (directly or through
State officials) that the State in which the political
subdivision is located has identified or will identify
geographic areas in the State that have a significant need
for control programs and will effectively coordinate such
programs in such areas.
``(3) Requirement of assessment and plan.--A grant may be
made under paragraph (1) only if the political subdivision
involved--
``(A) has conducted an assessment to determine the
immediate needs in such subdivision 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, a grant under such paragraph may be made only if
the subdivision 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.
[[Page S8621]]
``(C) Waiver.--The Secretary may waive the requirement
established in subparagraph (A) if the Secretary determines
that extraordinary economic conditions in the political
subdivision involved justify the waiver.
``(5) Reports to secretary.--A grant may be made under
paragraph (1) only if the political subdivision involved
agrees that, promptly after the end of the fiscal year for
which the grant is made, the subdivision will submit to the
Secretary, and to the State within which the subdivision 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 grant under
paragraph (1) for a fiscal year may not exceed $100,000. A
political subdivision may not receive more than one grant
under such paragraph.
``(b) Assessment 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 to
conduct the assessments and to develop the plans that are
required in paragraph (3) of subsection (a) as a condition of
receiving a grant under paragraph (1) of such subsection.
``(2) Amount of grant; number of grants.--A grant under
paragraph (1) for a fiscal year may not exceed $10,000. A
political subdivision may not receive more than one grant
under such paragraph.
``(c) Coordination Grants to States.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
may make grants to States for the purpose of coordinating
control programs in the State.
``(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 or prevalence 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 (a)(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; and
``(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.
``(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 (a)(5) from such subdivisions.
``(5) Amount of grant; number of grants.--A grant under
paragraph (1) for a fiscal year may not exceed $10,000. A
State may not receive more than one grant under such
paragraph.
``(d) Applications for Grants.--A grant may be made under
subsection (a), (b), or (c) 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.
``(e) Technical Assistance.--The Secretary may provide
training and technical assistance with respect to the
planning, development, and operation of control programs
under subsection (a) and assessments and plans under
subsection (b). The Secretary may provide such technical
assistance directly or through awards of grants or contracts
to public and private entities.
``(f) Definitions.--For purposes of this section:
``(1) Control program.--The term `control program' has the
meaning indicated for such term in subsection (a)(1).
``(2) Political subdivision.--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 Act.
``(g) Authorization of Appropriations.--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 the fiscal years 2004 through
2007. 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 the
preceding sentence is in addition to applicable
authorizations of appropriations under the Public Health
Security and Bioterrorism Preparedness and Response Act of
2002.''.
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:
``SEC. 463B. METHODS OF CONTROLLING CERTAIN INSECT
POPULATIONS.
``The Director of the Institute shall conduct or support
research to identify or develop methods of controlling the
population of insects that transmit to humans diseases that
have significant adverse health consequences.''.
SEC. 4. SENSE OF THE SENATE CONCERNING THE WEST NILE VIRUS.
It is the sense of the Senate that--
(1) the West Nile virus raises concerns about the safety of
the nation's blood supply and every effort should be made to
protect blood and blood products recipients from infection
with the virus;
(2) the Food and Drug Administration should comprehensively
review its protocols and regulations for screening of blood
and platelet donors and their donated specimens, and report
to Congress on the ability of these protocols to protect the
blood supply from West Nile virus;
(3) on the basis of a review conducted as provided for in
paragraph (2), the Commissioner of Food and Drugs should
revise protocols and regulations to protect the blood supply
and blood products supply from West Nile virus to the maximum
extent possible;
(4) the Commissioner of Food and Drugs should make
recommendations on additional authorities that are needed to
protect the blood supply and blood product supply from the
West Nile virus; and
(5) the Commissioner of Food and Drugs, keeping with
procedures to maximize the protection of the public health,
should expedite review of appropriate blood screening tests
for the West Nile virus.
Mr. BREAUX. Mr. President, the West Nile virus has reached epidemic
proportions. My home State of Louisiana has seen cases of the disease
skyrocket in recent months, with 222 cases and 9 deaths reported to
date. But this is not a problem isolated in one State or one region.
The Centers for Disease Control, CDC, have reported cases of this
mosquito-borne illness in humans in 30 States and the District of
Columbia. It is clear, as we have seen in Louisiana, that State
governments are overtaxed in money and man-power and simply cannot
continue to fight the spread of this disease on their own. The Federal
Government needs to work hard and fast to combat this potential public
health crisis and assist the hardest hit areas in preventing the loss
of even more lives.
Earlier this year, my colleagues in the House of Representatives,
Congressmen Billy Tauzin and Chris John, introduced legislation that
would make grants available through the CDC to help States in
establishing and maintaining mosquito control programs and prevent
mosquito-borne illnesses. Today Senator Landrieu and I have introduced
companion legislation to the House bill, The Mosquito Abatement for
Health and Safety Act, H.R. 4793, of the same title in an effort to
quickly make resources available to local governments in Louisiana and
across the country that have been on the front lines fighting the
spread of the West Nile outbreak.
Both bills would provide money to improve assessment tools, including
surveys of potential mosquito breeding areas, and support research
initiatives to develop methods of controlling insect populations that
spread disease and pose a health threat to humans. In disbursing grant
monies, the CDC would give priority to those areas with reported
instances of mosquito-borne illnesses in humans or animals.
The country is experiencing an outbreak that is both unfortunate and
alarming. Only through improved coordination of state and federal
agencies can we begin to address this problem and spare further cases
of this deadly disease.
____________________