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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.''.
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.