    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 898]]

    Public Law 108-75
    108th Congress

    An Act

    To authorize grants through the Centers for Disease Control and
    Prevention for mosquito control programs to prevent mosquito-borne
    diseases, [NOTE: Aug. 15, 2003 -  [S. 1015]] and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress [NOTE: Mosquito Abatement for
    Safety and Health Act.] assembled,

    SECTION 1. [NOTE: 42 USC 201 note.] 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 [NOTE: 42 USC 247b-20.]
    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. [NOTE: 42 USC 247b-21.] 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.

    [[Page 899]]

    117 STAT. 899

    ``(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

    [[Page 900]]

    117 STAT. 900

    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.

    [[Page 901]]

    117 STAT. 901

    ``(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

    [[Page 902]]

    117 STAT. 902

    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. [NOTE: 42 USC 285l-6.] 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.''.

    SEC. 4. [NOTE: Deadline.] 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) [NOTE: West Nile Virus.] 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.

    [[Page 903]]

    117 STAT. 903

    (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.

    Approved August 15, 2003.

    LEGISLATIVE HISTORY--S. 1015 (H.R. 342):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 108-12 accompanying H.R. 342 (Comm. on Energy and
    Commerce).
    SENATE REPORTS: No. 108-69 (Comm. on Health, Education, Labor, and
    Pensions).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    June 16, considered and passed Senate.
    July 25, considered and passed House.