Mosquito Abatement for Safety and Health Act
PL 108-75 (S.1015), enacted 08/15/2003

117 STAT. 898
PUBLIC LAW 108–75—AUG. 15, 2003
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, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Mosquito Abatement for Safety
and Health Act’’.
SEC. 2. GRANTS REGARDING PREVENTION OF MOSQUITO-BORNE DIS-
EASES.
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 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. MOSQUITO-BORNE DISEASES; COORDINATION GRANTS TO
STATES; ASSESSMENT AND CONTROL GRANTS TO POLIT-
ICAL SUBDIVISIONS.
‘‘(a) COORDINATION GRANTS TO STATES; ASSESSMENT GRANTS
TO POLITICAL SUBDIVISIONS.—
‘‘(1) IN GENERAL.—With respect to mosquito control pro-
grams 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 deter-
mine 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 rel-
ative to political subdivisions in other States.
42 USC 247b–21.
42 USC 247b–20.
42 USC 201 note.
Mosquito
Abatement for
Safety and
Health Act.
Aug. 15, 2003
[S. 1015]
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117 STAT. 899
PUBLIC LAW 108–75—AUG. 15, 2003
‘‘(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 con-
ducted 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 avail-
able 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 pro-
grams of political subdivisions in the State were effectively
coordinated with each other, which evaluation takes into
account any reports that the State received under sub-
section (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 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 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
PUBLIC LAW 108–75—AUG. 15, 2003
appropriate to the mosquito circumstances involved, effec-
tively 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 con-
tributions 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 require-
ment 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 con-
tains 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
PUBLIC LAW 108–75—AUG. 15, 2003
‘‘(ii) CONSORTIUM.—A grant under paragraph (1)
awarded to a consortium of 2 or more political subdivi-
sions may not exceed $110,000 for each political sub-
division. 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 geo-
graphical 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 coun-
ties, 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
PUBLIC LAW 108–75—AUG. 15, 2003
paragraph (1) shall be used to award grants to political subdivi-
sions or consortia of political subdivisions under subsection
(b).’’.
SEC. 3. RESEARCH PROGRAM OF NATIONAL INSTITUTE OF ENVIRON-
MENTAL 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. 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. 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 Com-
merce of the House of Representatives a report containing the
following:
(1) A description of the status of the development of proto-
cols 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 mecha-
nisms;
(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.
West Nile Virus.
Deadline.
42 USC 285l–6.
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117 STAT. 903
PUBLIC LAW 108–75—AUG. 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 Pen-
sions).
CONGRESSIONAL RECORD, Vol. 149 (2003):
June 16, considered and passed Senate.
July 25, considered and passed House.
(4) The overall role of public health pesticides and the
development of standards for the use of such pesticides com-
pared to the standards when such pesticides are used for agri-
cultural purposes.
Approved August 15, 2003.
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