[Senate Report 108-69]
[From the U.S. Government Publishing Office]
Calendar No. 137
108th Congress Report
SENATE
1st Session 108-69
======================================================================
MOSQUITO ABATEMENT FOR SAFETY AND HEALTH ACT
_______
June 12, 2003.--Ordered to be printed
_______
Mr. Gregg, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
R E P O R T
[To accompany S. 1015]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the 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, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
I. Purpose and need for legislation.................................1
II. Summary..........................................................2
III. History of legislation and votes in committee....................2
IV. Explanation of bill and committee views..........................3
V. Cost estimate....................................................5
VI. Regulatory impact statement......................................5
VII. Application of law to the legislative branch.....................5
VIII.Section-by-section analysis......................................5
IX. Changes in existing law..........................................6
I. Purpose and Need for Legislation
Public health officials are growing increasingly concerned
about the spread of mosquito-borne diseases such as West Nile
virus and malaria. Both diseases are spread by the bite of an
infected mosquito. Both diseases can cause severe health
complications and can be fatal. There is currently no vaccine
for either West Nile virus or malaria.
The Centers for Disease Control and Prevention (CDC)
reports that all residents of areas where West Nile virus
activity has been identified are at risk of contracting West
Nile encephalitis, one of the most deadly sequelae of the
disease. People over 50 years of age and the immune compromised
have the highest risk of severe disease.
Scientists are currently studying whether there is a link
between the level of a person's overall health and his/her risk
of getting severe disease. Although scientists at the National
Institutes of Health (NIH) are conducting research for the
development of a vaccine, there is currently no vaccine for
West Nile virus. On August 21, 2002, the Food and Drug
Administration (FDA) approved a national trial of alpha-
interferon to determine whether it could become the first
specific therapy to treat West Nile virus.
West Nile virus was first identified domestically in New
York City in 1999, and in that year, the virus contributed to
the death of seven people. As of January 29, 2003, 46 States
have reported West Nile virus infections in mosquitoes, animals
or humans. The number of human cases reported continues to
rise, with CDC reporting 4007 human cases and 263 deaths as of
early this year.
Mosquito-borne diseases affect millions of people worldwide
annually. The CDC reports that currently the most effective way
to prevent transmission of West Nile virus and other mosquito-
borne disease to humans and other animals, or to control an
epidemic once transmission has begun, is to reduce human
exposure via mosquito control. States and local governments
have established mosquito control programs to prevent and
control the spread of mosquito-borne diseases. In general,
these programs are primarily funded and maintained by local
governments. However, many localities have not established
mosquito control programs, nor have they completed a basic
assessment of the need for such programs.
II. Summary
S. 1015, the Mosquito Abatement for Safety and Health Act,
establishes a temporary, one-time grant program for local
governments or consortia thereof to implement mosquito control
programs. The act establishes a grant program for States to
help planning and coordination of control programs being
carried out in the State. CDC is authorized to provide
technical assistance to States and localities regarding the
grants. NIH is authorized to enhance research on the control of
vector populations responsible for transmitting human disease.
Finally, the Secretary of Health and Human Services is
authorized to provide a report to Congress on the use of public
health pesticides, and the progress being made in ensuring a
safe blood supply with respect to West Nile virus.
III. History of Legislation and Votes in Committee
On May 7, 2003, Senator Gregg, for himself and Senators
Breaux, Landrieu, Alexander, Lincoln, Roberts, Clinton, Warner
and DeWine, introduced 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. On May 14, 2003, the committee held an executive
session to consider S. 1015. The committee approved S. 1015 by
unanimous voice vote.
IV. Explanation of Bill and Committee Views
The committee recognizes the important role of local
governments in developing and carrying out mosquito control
programs. While this role may shift more to States or the
Federal Government at some point in the future, the current
status of local governments as the primary implementers of
mosquito control was the basis for the design of grant programs
to localities for this purpose.
The committee recognizes the need for technical assistance
to and coordination of local efforts by State and Federal
Government. The committee affirms this role by authorizing a
grant program for States for the purpose of providing
coordination and planning of mosquito programs in the State.
Further, the bill authorizes the CDC to provide technical
assistance to States and localities in carrying out the grant
program.
The committee recognizes that a short-term grant program to
many grantees could constitute a significant administrative
burden on the Federal agency administering the program. As a
result, the committee has taken a variety of legislative steps
designed to reduce the number of applicants only to those most
in need of grant funds and most able to effectively use such
funds. Further, the bill encourages localities to apply with
one another as one applicant in order to further reduce
administrative pressures.
The bill defines a political subdivision as the political
jurisdiction immediately below the level of State government.
The committee recognizes that some cities which have received
mosquito control funds in the past from the CDC, while part of
larger counties, may conduct mosquito control programs and
function as a ``political jurisdiction immediately below the
level of State government'' for the purposes of this bill. The
committee encourages the Secretary to assess the special
circumstances of such cities and, when appropriate, provide
funding (provided the city meets all other requirements
outlined by the act) to those cities, provided that the State
within which such city is located does not object to receipt by
such city of funds under this bill. Funds awarded to such city
may not exceed the amount that otherwise would have been
awarded to the larger county or counties, had mosquito control
activities in the city been included in the county activities.
Further, such city may not receive funding through more than
one CDC award for mosquito control under this program, nor may
the larger county receive funding for mosquito control
activities within such city's limits.
The committee recognizes that some small or rural States do
not have sufficient capacity at the local level to apply for
funds or to operate effective mosquito control programs, either
because of minimal staff resources, lack of a health or
environmental agency at the local level or other reasons. As a
result, the committee expects that State governments may assist
such localities in the application process or apply for funds
on behalf of certain localities in the State. It is critical,
however, that States who participate in the process in this
way, serve as a funnel for grant funding to local governments
to conduct the mosquito control activities rather than
retaining grant funds for the operation of control programs at
the State level. States who require funds to provide assistance
to localities, such as planning and coordination, are
encouraged to apply for the one-time planning grants provided
by the legislation.
The committee expects that funds will be distributed based
on the need for initiation or improvement of control programs
and on the severity of the mosquito-borne disease problem in a
locality or region. Geographical or population size of the
localityshould only be a factor in determining the amount of a
grant to an applicant to the extent that such size is related to the
scope, severity and cost of containing the mosquito-borne disease
problem in the region.
Likewise, the committee recognizes that the severity of the
problem with mosquito-borne disease may be related to certain
geographical characteristics of the locality that hinder
mosquito control efforts. Such characteristics may include
sheer territorial size, diluting staff resources with
transportation time, requiring higher cost relating to removing
reservoirs in vast stretches of land, reducing reservoirs or
pesticide volume. These additional costs relating to
geographical characteristics of an applicant should be
considered by the CDC when determining grant awards.
The committee recognizes the importance of comprehensive
mosquito management programs in the prevention of mosquito-
borne disease. The committee encourages the Secretary to
establish criteria that will be used in setting priorities for
grant-making that recognize applicants with a demonstrated
mosquito problem who are seeking to implement approaches
designed to eradicate targeted mosquito populations before
mosquito-borne disease outbreaks occur.
The committee has included in the legislation provisions
relating primarily to reducing the number of applicants to
those most in need and most ready to effectively use funds.
First, localities receive a larger grant award if they apply
with one or more other localities. Second, localities must have
completed a needs assessment and be effectively coordinated
with their State government. Third, priority is given to
localities in States who have applied for and obtained a
planning grant. Priority is further given to localities who
demonstrate a serious mosquito-borne disease problem or who
have met specified criteria suggesting significant potential
for mosquito-borne disease outbreaks. An exception to the
$100,000 grant cap is available to the Secretary if the
applicant demonstrates extreme need due to the size of the
human population or the size of the mosquito problem. If the
Secretary determines that the size of the mosquito population
is related to the geographical size of a particular county, it
is expected that the Secretary could use such information in
certifying the waiver to the $100,000 cap.
The committee is particularly concerned about two
disturbing trends emerging during the West Nile virus season of
2002. First, reports were made of inappropriate use of spraying
with pesticides. The committee encourages the CDC, in
collaboration with the Environmental Protection Agency (EPA),
to provide maximum oversight and assistance in this area for
grantees, and for the Secretary to report to Congress on
guidelines for public health pesticide use. Second, the
discovery of transmission of West Nile virus through the blood/
organ supply is a cause for great concern about the safety of
recipients of transfusion, organs and other blood products. The
committee requires in the legislation a report from the
Secretary to the committee on efforts being made to ensure a
safe blood and organ supply with respect to West Nile virus.
V. Cost Estimate
Due to the constraints the Congressional Budget Office
estimate was not included in the report. When received by the
committee, it will appear in the Congressional Record at a
later time.
VI. Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing rules of the Senate, the committee has determined that
there will be minimal increases in the regulatory burden
imposed by this bill.
VII. Application of Law to the Legislative Branch
The committee has determined that there is no legislative
impact.
VIII. Section-by-Section Analysis
Section 1. Short title
Section 1 establishes the short title as the ``Mosquito
Abatement for Safety and Health Act.''
Section 2. Grant programs regarding control of mosquitoes
Section 2 authorizes the Secretary, operating through the
CDC, to make grants to States for the purpose of coordinating
mosquito control programs. The Secretary must give preference
to States that have one or more political subdivisions with an
incidence or prevalence of mosquito-borne disease that is
substantial relative to other States or who have met specified
criteria suggesting significant potential for mosquito-borne
disease outbreaks. To be eligible, a State must develop a plan
for coordinating mosquito control programs in the State, taking
into account any assessments or plans that have already been
conducted by political subdivisions in the State. In developing
the plan, the State must consult with political subdivisions.
States must also agree to make grants to political subdivisions
to conduct assessments, including entomological surveys of
potential mosquito breeding areas, and to develop mosquito
control plans. The assessment and planning grants to States may
be as much as $10,000; no matching funds are required for
eligibility. States must agree to monitor mosquito control
programs, and submit a report to the Secretary. The State must
agree that the grant will not be used to supplant existing
State or local funds. A State may not receive more than one
coordination grant.
Section 2 also authorizes the Secretary, acting through the
CDC, to make grants to political subdivisions of States for the
operation of mosquito control programs to preventand control
mosquito-borne disease. The Secretary must give preference to political
subdivisions that (1) have an incidence or prevalence of mosquito-borne
disease that is substantial relative to other areas, (2) demonstrate
that the applicant will coordinate with contiguous political
subdivisions, and (3) demonstrate that the State government for the
applicant is committed to effectively coordinating control programs in
the State. Further, political subdivisions must conduct a needs
assessment, including an entomological survey of potential mosquito
breeding areas, and develop a plan for a control program based on such
assessment. Political subdivisions must produce $1 of matching funds
for every $2 of Federal funds. The Secretary may waive such requirement
given extraordinary economic conditions. The maximum Federal
contribution may not exceed $100,000 per political subdivision, with 2
exceptions. First, the Federal contribution may increase up to $110,000
for grantees containing more than one political subdivision. Further,
in areas of extreme need due to the size of the human or mosquito
population, the Secretary may make an exception. Grantees must
effectively evaluate and report to the Secretary the effectiveness of
the program. Political subdivisions are limited to participating in
only one grant application in order to ensure that each locality only
receives one grant. Political subdivisions are defined.
In Section 2, the CDC is authorized to provide training and
technical assistance in the planning, development and operation
of mosquito control programs, either directly or through awards
of grants or contracts to public or private entities.
Section 2 authorizes $100 million to be appropriated for
fiscal year 2003 and such sums as necessary for fiscal years
2004-2007. In the case of mosquito-borne disease constituting a
public health emergency, the authorization is in addition to
applicable authorizations under the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002.
Section 3. Research program at NIH
Section 3 directs the National Institute of Environmental
Health Sciences to conduct or support research to identify or
develop methods of controlling the population of insects and
vermin that transmit disease that have significant adverse
health consequences for humans.
Section 4. Report
Section 4 requires a report by Secretary on status of
development of protocols to ensure blood supply safety with
respect to West Nile Virus and on the benefits, risks and
overall role of public health pesticides, including standards
for use.
IX. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
PUBLIC HEALTH SERVICE ACT
* * * * * * *
MOSQUITO ABATEMENT FOR SAFETY AND HEALTH ACT
* * * * * * *
Part B--Federal-State Cooperation
IN GENERAL
Sec. 311. (a) * * *
* * * * * * *
PROJECT GRANTS FOR PREVENTIVE HEALTH SERVICES
Sec. 317. (a) * * *
* * * * * * *
HUMAN PAPILLOMAVIRUS
Sec. 317P. (a) Surveillance.--
(1) In general.-- * * *
* * * * * * *
SEC. 317Q. SURVEILLANCE AND RESEARCH REGARDING MUSCULAR DYSTROPHY.
(a) In General.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, may award
grants and cooperative agreements to public or nonprofit
private entities (including health departments of States and
political subdivisions of States, and including universities
and other educational entities) for the collection, analysis,
and reporting of data on Duchenne and other forms of muscular
dystrophy. In making such awards, the Secretary may provide
direct technical assistance in lieu of cash.
(b) National Muscular Dystrophy Epidemiology Program.--The
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, may award grants to public or
nonprofit private entities (including health departments of
States and political subdivisions of States, and including
universities and other educational entities) for the purpose of
carrying out epidemiological activities regarding Duchenne and
other forms of muscular dystrophies, including collecting and
analyzing information on the number, incidence, correlates, and
symptoms of cases. In carrying out the preceding sentence, the
Secretary shall provide for a national surveillance program. In
making awards under this subsection, the Secretary may provide
direct technical assistance in lieu of cash.
(c) Coordination With Centers of Excellence.--The Secretary
shall ensure that epidemiological information under subsections
(a) and (b) is made available to centers of excellence
supported under section 404E(b) by the Director of the National
Institutes of Health.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 317R. FOOD SAFETY GRANTS.
(a) In General.--The Secretary may award grants to States
and Indian tribes (as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(e))) to expand participation in networks to enhance
Federal, State, and local food safety efforts, including
meeting the costs of establishing and maintaining the food
safety surveillance, technical, and laboratory capacity needed
for such participation.
(b) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $19,500,000 for fiscal year 2002, and such sums as
may be necessary for each of the fiscal years 2003 through
2006.
* * * * * * *
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 States 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 theFederal
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--
(I) the human population in
such geographical area; or
(II) 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).
Subpart 12--National Institute of Environmental Health Sciences
PURPOSE OF THE INSTITUTE
Sec. 463. * * *
APPLIED TOXICOLOGICAL RESEARCH AND TESTING PROGRAM
Sec. 463A. (a) * * *
* * * * * * *
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.
* * * * * * *