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42 U.S.C. § 247b–21Mosquito-borne diseases; coordination grants to States; assessment and control grants to political subdivisions

submitted 82 years ago by Pub. L. 108-75 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,496 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may give States grants to coordinate mosquito control programs and help subdivisions plan them. The Secretary may also give grants directly to political subdivisions to run mosquito control programs. These subdivisions usually must match part of the federal money. The law authorizes $100,000,000 a year for fiscal years 2019 through 2023.

(a) Coordination grants to States; assessment grants to political subdivisions The Secretary, acting through the CDC Director, may give grants to States for two purposes: coordinating the State's mosquito control programs, and helping the State give grants to its political subdivisions (like counties) so they can assess their need for mosquito control and make plans. When picking which States get grants, the Secretary favors States that have one or more subdivisions with a lot of mosquito-borne disease, or a large population of infected mosquitoes, compared to subdivisions in other States. To get a grant, a State must: - have (or agree to make) a plan for coordinating its control programs, which takes into account any assessments or plans its subdivisions have already made; - have talked with, or agree to talk with, the subdivisions that are carrying out or planning control programs while making that plan; - agree to check that its subdivisions' programs follow the plan, focusing first on coordinating neighboring high-risk subdivisions; - agree that it will give grants to subdivisions as described above, each no more than $10,000; and - agree to use the grant money in addition to State and local funds, not to replace them. After the grant year ends, the State must send the Secretary a report describing what it did and evaluating whether its subdivisions' control programs were effectively coordinated with each other, taking into account any reports the State got from those subdivisions under subsection (b)(5). A State may not get more than one grant under this part. (b) Prevention and control grants to political subdivisions The Secretary may also give grants directly to political subdivisions, or to groups (consortia) of subdivisions, for running or improving their own control programs. The Secretary favors a subdivision or consortium that: - has a history of high mosquito-borne disease, has infected mosquitoes, meets criteria the Secretary sets for a likely increased risk next fiscal year (including an emerging infectious mosquito-borne disease that is a serious public health threat), or currently has a public health emergency because of a serious mosquito-borne disease; - can show it will coordinate its control activities with neighboring subdivisions when that fits the mosquito situation; - can show, directly or through State officials, that its State has identified, or will identify, the geographic areas in the State most in need of control programs, and will coordinate programs there; and - is either located in a State that got a grant under subsection (a), or can show its program fits the State's existing mosquito control plans, policies, or other preparedness plans. To get a grant, the subdivision or consortium must have already assessed its immediate needs — including an entomological survey of possible mosquito breeding areas — and, based on that assessment, developed a plan for the program. Matching funds: the subdivision or consortium must agree to contribute non-federal money too, in an amount at least equal to one-third of the program's costs — that is, at least $1 of non-federal money for every $2 of federal grant money. This money can come directly from the subdivision or through donations, and can be cash or fairly valued in-kind contributions like equipment or services. It cannot include money the federal government already provided, or services the federal government paid for or subsidized to a significant degree. The Secretary may waive this matching requirement if the Secretary decides that extraordinary economic conditions in the area justify it, or that the area has an extreme mosquito control need because of (I) the size or density of the human population at risk, (II) the size or density of the mosquito population needing control, or (III) how severe the mosquito-borne disease is. After the grant year ends, the subdivision or consortium must send a report to the Secretary and to its State, describing the program and evaluating whether it was effective. A political subdivision or consortium may not get more than one grant under this part. (c) Applications for grants To get a grant under subsection (a) or (b), an applicant must submit an application in the form, made in the manner, and containing the agreements, assurances, and information the Secretary decides are necessary. (d) Technical assistance The Secretary may use money appropriated under subsection (f) to give training and technical assistance for the planning, development, and operation of the assessments and plans under subsection (a) and the control programs under subsection (b), either directly or through grants or contracts to public and private entities. (e) Definition of political subdivision In this section, "political subdivision" means the local government just below the State level, including counties, parishes, and boroughs. If State law recognizes some other general-government entity that works instead of, and separately from, a county, parish, or borough, the Secretary may treat an area under that entity's jurisdiction as a political subdivision too. (f) Authorization of appropriations (1) In general Congress authorized $100,000,000 to carry out this section for each of fiscal years 2019 through 2023. (2) Public health emergencies When control programs respond to a mosquito-borne disease that is a public health emergency, this authorization is on top of — not instead of — money authorized under other medical and public health preparedness and response laws. (3) Fiscal year 2019 appropriations For fiscal year 2019, at least 50 percent of the money appropriated under paragraph (1) had to go to grants to political subdivisions or consortia under subsection (b).
the actual law source: uscode.house.gov ↗public domain
(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, including programs to address emerging infectious mosquito-borne diseases, and to develop, on the basis of such assessments, plans for carrying out control programs in the subdivisions or improving existing control programs.

(2) Preference in making grants

In making grants under paragraph (1), the Secretary shall give preference to States that have one or more political subdivisions with an incidence, prevalence, or high risk of mosquito-borne disease, or a population of infected mosquitoes, that is substantial relative to political subdivisions in other States.

(3) Certain requirements

A grant may be made under paragraph (1) only if—

(A)

the State involved has developed, or agrees to develop, a plan for coordinating control programs in the State, and the plan takes into account any assessments or plans described in subsection (b)(3) that have been conducted or developed, respectively, by political subdivisions in the State;

(B)

in developing such plan, the State consulted or will consult (as the case may be under subparagraph (A)) with political subdivisions in the State that are carrying out or planning to carry out control programs;

(C)

the State agrees to monitor control programs in the State in order to ensure that the programs are carried out in accordance with such plan, with priority given to coordination of control programs in political subdivisions described in paragraph (2) that are contiguous;

(D)

the State agrees that the State will make grants to political subdivisions as described in paragraph (1)(B), and that such a grant will not exceed $10,000; and

(E)

the State agrees that the grant will be used to supplement, and not supplant, State and local funds available for the purpose described in paragraph (1).

(4) Reports to Secretary

A grant may be made under paragraph (1) only if the State involved agrees that, promptly after the end of the fiscal year for which the grant is made, the State will submit to the Secretary a report that—

(A)

describes the activities of the State under the grant; and

(B)

contains an evaluation of whether the control programs of political subdivisions in the State were effectively coordinated with each other, which evaluation takes into account any reports that the State received under subsection (b)(5) from such subdivisions.

(5) Number of grants

A State may not receive more than one grant under paragraph (1).

(b) Prevention and control grants to political subdivisions
(1) In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to political subdivisions of States or consortia of political subdivisions of States, for the operation, including improvement, 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;

(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, including an emerging infectious mosquito-borne disease that presents a serious public health threat; or

(iv)

a public health emergency due to the incidence or prevalence of a mosquito-borne disease that presents a serious public health threat;

(B)

demonstrates to the Secretary that such political subdivision or consortium of political subdivisions will, if appropriate to the mosquito circumstances involved, effectively coordinate the activities of the control programs with contiguous political subdivisions;

(C)

demonstrates to the Secretary (directly or through State officials) that the State in which such a political subdivision or consortium of political subdivisions is located has identified or will identify geographic areas in such State that have a significant need for control programs and will effectively coordinate such programs in such areas; and

(D)
(i)

is located in a State that has received a grant under subsection (a); or

(ii)

that 1 demonstrates to the Secretary that the control program is consistent with existing State mosquito control plans or policies, or other applicable State preparedness plans.

(3) Requirement of assessment and plan

A grant may be made under paragraph (1) only if the political subdivision or consortium of political subdivisions involved—

(A)

has conducted an assessment to determine the immediate needs in such subdivision or consortium for a control program, including an entomological survey of potential mosquito breeding areas; and

(B)

has, on the basis of such assessment, developed a plan for carrying out such a program.

(4) Requirement of matching funds
(A) In general

With respect to the costs of a control program to be carried out under paragraph (1) by a political subdivision or consortium of political subdivisions, a grant under such paragraph may be made only if the subdivision or consortium agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than ⅓ 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—

(i)

extraordinary economic conditions in the political subdivision or consortium of political subdivisions involved justify the waiver; or

(ii)

the geographical area covered by a political subdivision or consortium for a grant under paragraph (1) has an extreme mosquito control need due to—

(I)

the size or density of the potentially impacted human population;

(II)

the size or density of a mosquito population that requires heightened control; or

(III)

the severity of the mosquito-borne disease, such that expected serious adverse health outcomes for the human population justify the waiver.

(5) Reports to Secretary

A grant may be made under paragraph (1) only if the political subdivision or consortium of political subdivisions involved agrees that, promptly after the end of the fiscal year for which the grant is made, the subdivision or consortium will submit to the Secretary, and to the State within which the subdivision or consortium is located, a report that describes the control program and contains an evaluation of whether the program was effective.

(6) Number of grants

A political subdivision or a consortium of political subdivisions may not receive more than one grant under paragraph (1).

(c) Applications for grants

A grant may be made under subsection (a) or (b) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.

(d) Technical assistance

Amounts appropriated under subsection (f) may be used by the Secretary to provide training and technical assistance with respect to the planning, development, and operation of assessments and plans under subsection (a) and control programs under subsection (b). The Secretary may provide such technical assistance directly or through awards of grants or contracts to public and private entities.

(e) Definition of political subdivision

In this section, the term “political subdivision” means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs. If State law recognizes an entity of general government that functions in lieu of, and is not within, a county, parish, or borough, the Secretary may recognize an area under the jurisdiction of such other entities of general government as a political subdivision for purposes of this section.

(f) Authorization of appropriations
(1) In general

For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2019 through 2023.

(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 this chapter and other medical and public health preparedness and response laws.

(3) Fiscal year 2019 appropriations

For fiscal year 2019, 50 percent or more of the funds appropriated under paragraph (1) shall be used to award grants to political subdivisions or consortia of political subdivisions under subsection (b).

Source credit: (July 1, 1944, ch. 373, title III, § 317S, as added Pub. L. 108–75, § 2(2), Aug. 15, 2003, 117 Stat. 898; amended Pub. L. 116–22, title VI, § 607(a), June 24, 2019, 133 Stat. 959.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 108-75 · 117 Stat. 898
  • 2019Amended · Pub. L. 116-22 · 133 Stat. 959

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-75 on 1944-07-01.

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