[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[Senate]
[Pages 16794-16797]
[From the U.S. 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

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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.
  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

[[Page 16796]]

     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.
       ``(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

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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.

                          ____________________