[House Report 108-12]
[From the U.S. Government Publishing Office]
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.
* * * * * * *