[United States Statutes at Large, Volume 117, 108th Congress, 1st Session] [From the U.S. Government Printing 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.