[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

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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.

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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

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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.

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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.