To amend the Homeland Security Act of 2002 to authorize the Metropolitan Medical Response System Program, and for other purposes.

Summary: Metropolitan Medical Response System Program Act of 2010 - Amends the Homeland Security Act of 2002 to establish within the Department of Homeland Security (DHS) a Metropolitan Medical Response System Program to support state and local jurisdictions in preparing for and maintaining all-hazards response capabilities to manage public health and mass casualty incidents resulting from natural and man-made disasters, terrorist acts, and epidemic disease outbreaks, by systematically enhancing and integrating first responders, public health personnel, emergency management personnel, and other participants in mass casualty management. (Repeals provisions of the Post-Katrina Management Reform Act of 2006 regarding a Metropolitan Medical Response Program.)

Directs the Assistant Secretary, Office of Health Affairs, to develop programmatic and policy guidance for the Program in coordination with the Administrator of the Federal Emergency Management Agency (FEMA).

Authorizes the Secretary, through the Administrator, to enter in contracts with local jurisdictions to assist in preparing for and responding to mass casualty incidents. Authorizes the use of contracts to support the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard.

Sets forth eligibility requirements. Encourages local jurisdictions receiving assistance under the Program to develop and maintain memoranda of understanding and agreement with neighboring jurisdictions to support a system of mutual aid among the jurisdictions.

Requires the Administrator: (1) in coordination with the Assistant Secretary, Office of Health Affairs, and a National Metropolitan Medical Response System Working Group, to issue performance measures for each local jurisdiction that enters a contract under this Act; and (2) together with the Assistant Secretary and the Working Group, to conduct a review of the Program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Metropolitan Medical Response System 
Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In its January 2010 report card, the Commission on the 
        Prevention of Weapons of Mass Destruction Proliferation and 
        Terrorism stated that the Federal Government must ``become a 
        stronger advocate for citizen, community, state, and regional 
        preparedness to effectively respond'' to both natural disasters 
        and man-made events.
            (2) The Metropolitan Medical Response System (MMRS) is the 
        only program at the Federal level that supports the integration 
        of local emergency management, law enforcement, and health and 
        medical systems into a coordinated response to a mass casualty 
        event caused by a weapon of mass destruction, an incident 
        involving hazardous materials, an epidemic disease outbreak, or 
        a natural disaster.
            (3) The MMRS program was established in the wake of the 
        1995 deadly release of sarin nerve gas in a Tokyo subway, and 
        the 1995 bombing of the Alfred P. Murrah building in Oklahoma 
        City.
            (4) The MMRS program aims to improve medical response 
        systems, by enhancing the existing local response systems and 
        capabilities of a community before an incident occurs.
            (5) The MMRS program provides tangible benefits in the form 
        of increased operational capacity and communication, improved 
        personnel training, stockpiled pharmaceuticals, and adequate 
        supplies of personal protective equipment and other specialized 
        response equipment.
            (6) The MMRS program supports a number of other existing 
        Federal programs, such as the Hospital Preparedness Program, 
        the Cities Readiness Initiative, the State Homeland Security 
        Program, and Urban Area Security Initiative.
            (7) The MMRS program provides funding to 124 local 
        jurisdictions in 43 States, covering approximately 70 percent 
        of the United States population.
            (8) The MMRS program has become an increasingly vital part 
        of our homeland security infrastructure in the wake of recent 
        influenza outbreaks, renewed terrorists threats, and severe 
        weather emergencies.

SEC. 3. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following new 
section:

``SEC. 525. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

    ``(a) In General.--There is in the Department a Metropolitan 
Medical Response System Program (in this section referred to as the 
`Program').
    ``(b) Purpose.--The purpose of the Program shall be to support 
State and local jurisdictions in preparing for and maintaining all-
hazards response capabilities to manage public health and mass casualty 
incidents resulting from natural and man-made disasters, acts of 
terrorism, and epidemic disease outbreaks, by systematically enhancing 
and integrating first responders, public health personnel, emergency 
management personnel, and other participants in mass casualty 
management.
    ``(c) Program Administration.--The Assistant Secretary, Office of 
Health Affairs shall develop programmatic and policy guidance for the 
Program in coordination with the Administrator of the Federal Emergency 
Management Agency.
    ``(d) Personnel Costs.--The Program shall not be subject to an 
administrative cap on the hiring of personnel to conduct Program 
activities.
    ``(e) Financial Assistance.--
            ``(1) Authorization of contracts.--
                    ``(A) In general.--The Secretary, through the 
                Administrator of the Federal Emergency Management 
                Agency and subject to the availability of 
                appropriations, may enter into contracts under this 
                section with local jurisdictions to assist in preparing 
                for and responding to mass casualty incidents.
                    ``(B) Consultation.--In developing guidance for 
                contracts authorized under this subsection, the 
                Administrator shall consult with the Assistant 
                Secretary, Office of Health Affairs.
            ``(2) Use of funds.--A contract entered into under this 
        subsection may be used to support the integration of emergency 
        management, health, and medical systems into a coordinated 
        response to mass casualty incidents caused by any hazard, 
        including--
                    ``(A) to strengthen medical surge capacity;
                    ``(B) to strengthen mass prophylaxis capabilities 
                including development and maintenance of an initial 
                pharmaceutical stockpile sufficient to protect first 
                responders, their families, and immediate victims from 
                a chemical or biological event;
                    ``(C) to strengthen chemical, biological, 
                radiological, nuclear, and explosive detection, 
                response, and decontamination capabilities;
                    ``(D) to develop and maintain mass triage and pre-
                hospital treatment plans and capabilities;
                    ``(E) for planning;
                    ``(F) to support efforts to strengthen information 
                sharing and collaboration capabilities of regional, 
                State, and urban areas in support of public health and 
                medical preparedness;
                    ``(G) for medical supplies management and 
                distribution;
                    ``(H) for training and exercises;
                    ``(I) for integration and coordination of the 
                activities and capabilities of public health personnel 
                and medical care providers with those of other 
                emergency response providers as well as other Federal 
                agencies, the private sector, and nonprofit 
                organizations, for the forward movement of patients; 
                and
                    ``(J) for activities aimed at increasing the 
                awareness of the Program to Federal, State and local 
                governments for purposes of further integrating the 
                Program into existing capabilities.
            ``(3) Eligibility.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), any jurisdiction that received funds 
                through the Program for fiscal year 2009 shall be 
                eligible for a contract under this subsection.
                    ``(B) Additional jurisdictions.--
                            ``(i) Unrepresented states.--
                                    ``(I) In general.--Except as 
                                provided in subparagraph (C), for any 
                                State in which no jurisdiction received 
                                funds through the Program for fiscal 
                                year 2009, or in which funding was 
                                received only through another State, 
                                the metropolitan statistical area in 
                                such State with the largest population 
                                of all such areas in such State shall 
                                be eligible for a contract under this 
                                subsection.
                                    ``(II) Limitation.--For each of 
                                fiscal years 2010 through 2014, no 
                                jurisdiction that would otherwise be 
                                eligible to receive a contract under 
                                subclause (I) shall be eligible for a 
                                contract under this subsection if it 
                                would result in any jurisdiction under 
                                subparagraph (A) receiving less funding 
                                than such jurisdiction received for 
                                fiscal year 2004.
                            ``(ii) Other jurisdictions.--
                                    ``(I) In general.--Subject to 
                                subparagraph (C), the Administrator may 
                                determine that additional jurisdictions 
                                are eligible for contracts under this 
                                subsection.
                                    ``(II) Limitation.--For each of 
                                fiscal years 2010 through 2014, the 
                                eligibility of any additional 
                                jurisdiction for contracts under this 
                                subsection is subject to the 
                                availability of appropriations beyond 
                                that necessary to--
                                            ``(aa) ensure that each 
                                        jurisdiction eligible for a 
                                        contract under subparagraph (A) 
                                        does not receive less funding 
                                        than such jurisdiction received 
                                        for fiscal year 2009; and
                                            ``(bb) provide contracts to 
                                        jurisdictions eligible under 
                                        clause (i).
                    ``(C) Performance requirement after fiscal year 
                2010.--A jurisdiction shall not be eligible for a 
                contract under this subsection to be funded with 
                amounts available after fiscal year 2010 unless the 
                Secretary determines that the jurisdiction has met the 
                performance measures issued under subsection (f).
            ``(4) Distribution of funds.--
                    ``(A) In general.--The Administrator shall include 
                in each contract under this subsection with a local 
                jurisdiction a defined list of performance objectives 
                for which funds will be distributed to the 
                jurisdiction.
                    ``(B) Payments.--Funds shall be distributed by the 
                Administrator under each contract under this subsection 
                directly to the local jurisdiction that entered into 
                the contract.
            ``(5) Mutual aid.--
                    ``(A) Agreements.--Local jurisdictions receiving 
                assistance under the Program are encouraged to develop 
                and maintain memoranda of understanding and agreement 
                with neighboring jurisdictions to support a system of 
                mutual aid among the jurisdictions.
                    ``(B) Contents.--A memorandum referred to in 
                subparagraph (A) shall include, at a minimum, policies 
                and procedures to--
                            ``(i) enable the timely deployment of 
                        Program personnel and equipment across 
                        jurisdictions and, if relevant, across State 
                        boundaries;
                            ``(ii) share information in a consistent 
                        and timely manner; and
                            ``(iii) notify State authorities of the 
                        deployment of Program resources in a manner 
                        that ensures coordination with State agencies 
                        without impeding the ability of Program 
                        personnel and equipment to respond rapidly to 
                        emergencies in other jurisdictions.
    ``(f) Performance Measures.--The Administrator, in coordination 
with the Assistant Secretary, Office of Health Affairs and the National 
Metropolitan Medical Response System Working Group and within one year 
after the date of enactment of this section, shall issue performance 
measures for each local jurisdiction that enters a contract under this 
section to allow objective evaluation of the performance and effective 
use of funds provided under the contract.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the Program $75,000,000 for each of the 
fiscal years 2010 through 2014.''.
    (b) Program Review.--
            (1) In general.--The Administrator of the Federal Emergency 
        Management Agency, the Assistant Secretary, Office of Health 
        Affairs, and the National Metropolitan Medical Response System 
        Working Group shall jointly conduct a review of the 
        Metropolitan Medical Response System Program, including an 
        examination of--
                    (A) the goals and objectives of the Program;
                    (B) the extent to which the goals and objectives 
                are being met;
                    (C) the performance metrics that can best help 
                assess whether the Program is succeeding;
                    (D) how the Program can be improved;
                    (E) how the Program complements and enhances other 
                preparedness programs supported by the Department of 
                Homeland Security and the Department of Health and 
                Human Services;
                    (F) the degree to which the strategic goals, 
                objectives, and capabilities of the Program are 
                incorporated in State and local homeland security 
                plans;
                    (G) how eligibility for financial assistance, and 
                the allocation of financial assistance, under the 
                Program should be determined, including how allocation 
                of assistance could be based on risk; and
                    (H) the resource requirements of the Program.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator and the Assistant 
        Secretary shall submit to the Committees on Homeland Security 
        and Energy and Commerce of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report on the results of the review under this 
        subsection.
            (3) Consultation.--The Administrator of the Federal 
        Emergency Management Agency shall consult with the Secretary of 
        Health and Human Services in the implementation of paragraph 
        (1)(E).
            (4) Definition.--In this subsection the term ``National 
        Metropolitan Medical Response System Working Group'' means a 
        group of 10 local government agency managers of contracts 
        awarded under the Program, that--
                    (A) represents a population-based cross section of 
                jurisdictions that are receiving contract funds under 
                the Program; and
                    (B) includes one local government agency contract 
                manager from each of the 10 regions of the Federal 
                Emergency Management Agency, of whom--
                            (i) 5 shall be appointed by the 
                        Administrator of the Federal Emergency 
                        Management Agency; and
                            (ii) 5 shall be appointed by the Assistant 
                        Secretary, Office of Health Affairs.
    (c) Conforming Amendments.--
            (1) Repeal.--Section 635 of the Post-Katrina Management 
        Reform Act of 2006 (6 U.S.C. 723) is repealed.
            (2) Table of contents.--The table of contents contained in 
        section 1(b) of the Homeland Security Act of 2002 is amended by 
        adding at the end of the items relating to title V the 
        following new item:

``Sec. 525. Metropolitan Medical Response System Program.''.