[Congressional Record (Bound Edition), Volume 149 (2003), Part 11]
[Senate]
[Pages 14908-14909]
[From the U.S. Government Publishing Office, www.gpo.gov]




              MOSQUITO ABATEMENT FOR SAFETY AND HEALTH ACT

  Mr. CORNYN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 137, S. 1015.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1015) to authorize grants through the Centers 
     for Disease Control and Prevention for mosquito control 
     programs to prevent mosquito-borne diseases, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1015) was read the third time and passed, as follows:

                                S. 1015

       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 mosquitos, 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

[[Page 14909]]

     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 human 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.

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