19–006

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. 

2

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 flulike 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 mosquitoborne 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. 

3

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. 

4

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 mosquitoborne 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. 

5

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 mosquitoVerDate Jan 31 2003 18:44 Feb 19, 2003 Jkt 019006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR012.XXX HR012
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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): 

7

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). 

8

(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 SUBDIVI- SIONS.—

(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). 

9

(B) DETERMINATION OF AMOUNT CONTRIBUTED.—NonFederal 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 appliVerDate Jan 31 2003 18:44 Feb 19, 2003 Jkt 019006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR012.XXX HR012
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cable 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. 

* * * * * * *

Æ