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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-12

======================================================================



 
              MOSQUITO ABATEMENT FOR SAFETY AND HEALTH ACT

                                _______
                                

 February 13, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Tauzin, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 342]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 342) 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, report favorably thereon without amendment 
and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Statement of General Performance Goals and Objectives............     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     5
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    H.R. 342 establishes two temporary grant programs to assist 
States and localities in coordinating and operating mosquito 
control programs.

                  Background and Need for Legislation

    Public health officials are growing increasingly concerned 
about the spread of West Nile virus. West Nile virus is spread 
by the bite of an infected mosquito, and can infect humans, 
birds, and many other animals. To date, most people who have 
become infected with West Nile virus have either shown no 
symptoms or suffer from flu-like symptoms, lasting a few days. 
However, West Nile virus can cause severe health complications, 
which can be fatal. The most severe cases of West Nile virus 
infections cause encephalitis (inflammation of the brain), 
meningitis (inflammation of the membrane around the brain and 
spinal cord), and meinigoencephalitis (inflammation of the 
brain and the membrane surrounding it).
    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 getting West Nile 
encephalitis. People over 50 years of age 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 their 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 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 identified in New York City in 1999. 
This was the first time the virus had been located in North 
America, and in 1999 the virus contributed to the death of 
seven people, and several dozen people became ill. 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 January 29, 2003.
    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 localities 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.

                                Hearings

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        Committee Consideration

    On Wednesday, January 29, 2003, the Full Committee on 
Energy and Commerce met in open markup session and ordered H.R. 
342 favorably reported to the House, without amendment, by a 
voice vote, a quorum being present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no recorded votes taken in connection with ordering 
H.R. 342 reported. A motion by Mr. Tauzin to order H.R. 342 
reported to the House, without amendment, was agreed to by a 
voice vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation.

         Statement of General Performance Goals and Objectives

    The goal of H.R. 342 is to establish two temporary grant 
programs to assist states and localities in coordinating and 
operating mosquito control programs.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
342, the ``Mosquito Abatement for Safety and Health Act'', 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 10, 2003.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 342, the Mosquito 
Abatement for Safety and Health Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Jeanne De 
Sa and Chris Topoleski.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 342--Mosquito Abatement for Safety and Health Act

    H.R. 342 would authorize the Centers for Disease Control 
and Prevention (CDC) to provide grants and technical assistance 
to states and political subdivisions to prevent and control 
mosquito-borne disease. Grant funding would be available to 
political subdivisions to develop and operate abatement 
programs. States could use grant fund to coordinate mosquito 
control programs across the state. The bill would authorize 
appropriations of $100 million in fiscal year 2003 and such 
sums as may be necessary for fiscal years 2004 through 2007 for 
those purposes. Additional provisions of the bill would direct 
the National Institutes of Health (NIH) to support research on 
controlling insect and vermin populations that transmit 
diseases to humans.
    The estimated cost to implement H.R. 342 is shown in the 
following table. The costs of this legislation fall within 
budget function 550 (health).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level:
    CDC...................................................      100      102      104      107      109        0
    NIH...................................................       30       31       31       32       33        0
                                                           -----------------------------------------------------
      Total...............................................      130      133      135      139      142        0
                                                           =====================================================
Estimated Outlays:
    CDC...................................................       15      105      119      108      109       50
    NIH...................................................        8       23       28       30       31       23
                                                           -----------------------------------------------------
      Total...............................................       23      128      147      138      140       73
----------------------------------------------------------------------------------------------------------------

    Assuming that the 2003 level is increased annually to 
reflect anticipated inflation, CBO estimates that implementing 
the CDC programs would require the appropriation of $522 
million over the 2003-2008 period. CBO estimates the NIH would 
require $30 million in 2003 and $157 million over the 2003-2008 
period to support the bill's research activities. Those figures 
are based on funding provided for similar research initiatives.
    Based on historical spending patterns for similar 
activities at CDC and NIH and assuming enactment by July 1, 
2003, CBO estimates that outlays would total $23 million in 
2003 and $649 million over the 2003-2008 period, assuming 
appropriation of the necessary amounts. Enacting the bill would 
not affect direct spending or receipts.
    The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act. 
Any costs to state and local governments to apply for or 
administer the grants would be voluntary.
    The CBO staff contacts for this estimate are Jeanne De Sa 
(CDC) and Chris Topoleski (NIH). This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 establishes the short title as the ``Mosquito 
Abatement for Safety and Health Act.''

Section 2. Grants regarding prevention of mosquito-borne disease

    Section 2 authorizes the Secretary of the Department of 
Health and Human Services (HHS), operating through the Centers 
for Disease Control and Prevention (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. 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 grants may be 
as much as $10,000; no matching funds are required for 
participation. States must agree to monitor mosquito control 
programs, and submit a report to the Secretary. A state may not 
receive more than one coordination grant.
    Section 2 also authorizes the Secretary of HHS, acting 
through the CDC, to make grants to political subdivisions of 
states for the operation of mosquito control programs to 
prevent and 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 they 
will coordinate with contiguous political subdivisions; and, 
(3) are located in states that plan to identify geographic 
areas that have a significant need for control, in an effort to 
better coordinate mosquito control programs. To be eligible for 
the grants, political subdivisions must conduct an assessment 
to determine the mosquito control needs of the area, including 
an entomological survey of potential mosquito breeding areas, 
and develop a plan, based on the assessment, for carrying out a 
mosquito control program. The Committee encourages political 
subdivisions to develop comprehensive mosquito control plans; 
political subdivisions should consult both public and private 
organization recommendations on how to administer optimal 
surveillance and control programs. Political subdivisions must 
agree to submit to their respective state and the Secretary a 
report that describes the control program conducted, evaluating 
whether the program was effective. Political subdivisions must 
provide a non-federal contribution (directly or through 
donations from public or private entities) that is not less 
than $1 for every $2 of federal funding provided in the grant. 
This matching funding may be cash or in-kind. The maximum 
federal contribution may not exceed $100,000 per political 
subdivision for a fiscal year. The Secretary may waive the 
matching fund requirement if the Secretary determines 
extraordinary economic conditions justify the waiver. A 
political subdivision may not receive more than one mosquito 
control grant. This section does not seek to displace the 
responsibility that local communities and states have to budget 
for mosquito control programs.
    In addition, this section authorizes the CDC 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 and private 
entities.
    Finally, Section 2 authorizes $100 million to be 
appropriated for fiscal year 2003, and such sums as may be 
necessary for each of the fiscal years 2004 through 2007. This 
funding is in addition to applicable funding that may be 
available as authorized by the Public Health Security and 
Bioterrorism Preparedness and Response Act of 2002.

Section 3. Research program of the National Institute of Environmental 
        Health Sciences

    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 diseases that have significant adverse 
health consequences for humans.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

PUBLIC HEALTH SERVICE ACT

           *       *       *       *       *       *       *



TITLE III--GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE

           *       *       *       *       *       *       *



Part B--Federal-State Cooperation

           *       *       *       *       *       *       *



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 or prevalence 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 State received under 
                subsection (b)(5) from such subdivisions.
          (5) Amount of grant; 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 for the operation of control programs.
          (2) Preference in making grants.--In making grants 
        under paragraph (1), the Secretary shall give 
        preference to political subdivisions that--
                  (A) have an incidence or prevalence of 
                mosquito-borne disease, or a population of 
                infected mosquitoes, that is substantial 
                relative to other political subdivisions;
                  (B) demonstrate to the Secretary that the 
                political subdivisions will, if appropriate to 
                the mosquito circumstances involved, 
                effectively coordinate the activities of the 
                control programs with contiguous political 
                subdivisions;
                  (C) demonstrate to the Secretary (directly or 
                through State officials) that the State in 
                which the political subdivision is located has 
                identified or will identify geographic areas in 
                the State that have a significant need for 
                control programs and will effectively 
                coordinate such programs in such areas; and
                  (D) are 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 involved--
                  (A) has conducted an assessment to determine 
                the immediate needs in such subdivision 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, a 
                grant under such paragraph may be made only if 
                the subdivision 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 involved justify the waiver.
          (5) Reports to secretary.--A grant may be made under 
        paragraph (1) only if the political subdivision 
        involved agrees that, promptly after the end of the 
        fiscal year for which the grant is made, the 
        subdivision will submit to the Secretary, and to the 
        State within which the subdivision 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 grant under 
        paragraph (1) for a fiscal year may not exceed 
        $100,000. A political subdivision may not receive more 
        than one grant under such paragraph.
  (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) Definitions.--For purposes of this section:
          (1) The term ``control program'' has the meaning 
        indicated for such term in subsection (a).
          (2) 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 Act.
  (f) Authorization of Appropriations.--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 the fiscal years 2004 through 
2007. 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 the 
preceding sentence is in addition to applicable authorizations 
of appropriations under the Public Health Security and 
Bioterrorism Preparedness and Response Act of 2002.

           *       *       *       *       *       *       *


TITLE IV--NATIONAL RESEARCH INSTITUTES

           *       *       *       *       *       *       *


Part C--Specific Provisions Respecting National Research Institutes

           *       *       *       *       *       *       *


Subpart 12--National Institute of Environmental Health Sciences

           *       *       *       *       *       *       *


      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.

           *       *       *       *       *       *       *