[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4492 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4492

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 2010

Mr. Bilirakis introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to ensure continuation of 
    the Metropolitan Medical Response System Program, 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 ``Metropolitan Medical Response System 
Program Act of 2009''.

SEC. 2. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.

    (a) Amendment.--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:

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

    ``(a) In General.--The Secretary shall conduct a Metropolitan 
Medical Response System Program, that shall assist State and local 
governments in preparing for and responding to public health and mass 
casualty incidents resulting from natural disasters, acts of terrorism, 
and other man-made disasters.
    ``(b) Financial Assistance.--
            ``(1) Authorization of grants.--
                    ``(A) In general.--The Secretary, through the 
                Administrator of the Federal Emergency Management 
                Agency, may make grants under this section to State and 
                local governments to assist in preparing for and 
                responding to mass casualty incidents resulting from 
                natural disasters, acts of terrorism, and other man-
                made disasters.
                    ``(B) Consultation.--In developing guidance for 
                grants authorized under this section, the Administrator 
                shall consult with the Assistant Secretary, Office of 
                Health Affairs.
            ``(2) Use of funds.--A grant made under this section 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 such other activities as the 
                Administrator provides.
            ``(3) Eligibility.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), any jurisdiction that received funds 
                through the Metropolitan Medical Response System 
                Program in fiscal year 2009 shall be eligible to 
                receive a grant under this section.
                    ``(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 Metropolitan Medical 
                                Response System Program in 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 to receive a grant under this 
                                section.
                                    ``(II) Limitation.--For each of 
                                fiscal years 2010 through 2012, no 
                                jurisdiction that would otherwise be 
                                eligible to receive grants under 
                                subclause (I) shall receive a grant 
                                under this section if it would result 
                                in any jurisdiction under subparagraph 
                                (A) receiving less funding than such 
                                jurisdiction received in fiscal year 
                                2009.
                            ``(ii) Other jurisdictions.--
                                    ``(I) In general.--Subject to 
                                subparagraph (C), the Administrator may 
                                determine that additional jurisdictions 
                                are eligible to receive grants under 
                                this section.
                                    ``(II) Limitation.--For each of 
                                fiscal years 2010 through 2012, the 
                                eligibility of any additional 
                                jurisdiction to receive grants under 
                                this section is subject to the 
                                availability of appropriations beyond 
                                that necessary to--
                                            ``(aa) ensure that each 
                                        jurisdiction eligible to 
                                        receive a grant under 
                                        subparagraph (A) does not 
                                        receive less funding than such 
                                        jurisdiction received in fiscal 
                                        year 2009; and
                                            ``(bb) provide grants to 
                                        jurisdictions eligible under 
                                        clause (i).
                    ``(C) Performance requirement after fiscal year 
                2010.--A jurisdiction shall not be eligible for a grant 
                under this subsection from funds available after fiscal 
                year 2010 unless the Secretary determines that the 
                jurisdiction maintains a sufficient measured degree of 
                capability in accordance with the performance measures 
                issued under subsection (c).
            ``(4) Distribution of funds.--
                    ``(A) In general.--The Administrator shall 
                distribute grant funds under this section to the State 
                in which the jurisdiction receiving a grant under this 
                section is located.
                    ``(B) Pass through.--Subject to subparagraph (C), 
                not later than 45 days after the date on which a State 
                receives grant funds under subparagraph (A), the State 
                shall provide the jurisdiction receiving the grant 100 
                percent of the grant funds, and not later than 45 days 
                after the State releases the funds, all fiscal agents 
                shall make the grant funds available for expenditure.
                    ``(C) Exception.--The Administrator may permit a 
                State to provide to a jurisdiction receiving a grant 
                under this section 97 percent of the grant funds 
                awarded if doing so would not result in any 
                jurisdiction eligible for a grant under paragraph 
                (3)(A) receiving less funding than such jurisdiction 
                received in fiscal year 2009.
            ``(5) Regional coordination.--The Administrator shall 
        ensure that each jurisdiction that receives a grant under this 
        section, as a condition of receiving such grant, is actively 
        coordinating its preparedness efforts with surrounding 
        jurisdictions, with the official with primary responsibility 
        for homeland security (other than the Governor) of the 
        government of the State in which the jurisdiction is located, 
        and with emergency response providers from all relevant 
        disciplines, as determined by the Administrator, to effectively 
        enhance regional preparedness.
    ``(c) Performance Measures.--The Administrator, in coordination 
with the Assistant Secretary, Office of Health Affairs, and the 
National Metropolitan Medical Response System Working Group, shall 
issue performance measures within one year after the date of enactment 
of this section that enable objective evaluation of the performance and 
effective use of funds provided under this section in any jurisdiction.
    ``(d) Metropolitan Medical Response System Working Group Defined.--
In this section, the term `National Metropolitan Medical Response 
System Working Group' means--
            ``(1) 10 Metropolitan Medical Response System Program grant 
        managers, who shall--
                    ``(A) include one such grant manager from each 
                region of the Agency;
                    ``(B) comprise a population-based cross section of 
                jurisdictions that are receiving grant funds under the 
                Metropolitan Medical Response System Program; and
                    ``(C) include--
                            ``(i) 3 selected by the Administrator; and
                            ``(ii) 3 selected by the Assistant 
                        Secretary, Office of Health Affairs; and
            ``(2) 3 State officials who are responsible for 
        administration of State programs that are carried out with 
        grants under this section, who shall be selected by the 
        Administrator.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated $75,000,000 to carry out the program for each of fiscal 
years 2010 through 2014.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act 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.''.

SEC. 3. METROPOLITAN MEDICAL RESPONSE PROGRAM REVIEW.

    (a) 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 conduct a review of the Metropolitan Medical Response System 
Program authorized under section 525 of the Homeland Security Act of 
2002, as added by section 2 of this Act, including an examination of--
            (1) the goals and objectives of the Metropolitan Medical 
        Response System Program;
            (2) the extent to which the goals and objectives are being 
        met;
            (3) the performance metrics that can best help assess 
        whether the Metropolitan Medical Response System Program is 
        succeeding;
            (4) how the Metropolitan Medical Response System Program 
        can be improved;
            (5) how the Metropolitan Medical Response System Program 
        complements and enhances other preparedness programs supported 
        by the Department of Homeland Security and the Department of 
        Health and Human Services;
            (6) the degree to which the strategic goals, objectives, 
        and capabilities of the Metropolitan Medical Response System 
        Program are incorporated in State and local homeland security 
        plans;
            (7) how eligibility for financial assistance, and the 
        allocation of financial assistance, under the Metropolitan 
        Medical Response System Program should be determined, including 
        how allocation of assistance could be based on risk;
            (8) whether the Metropolitan Medical Response System 
        Program would be more effective if it were managed as a 
        contractual agreement; and
            (9) the resource requirements of the Metropolitan Medical 
        Response System Program.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator and the Assistant Secretary, Office of 
Health Affairs shall submit to the Committee on Homeland Security 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.
    (c) Consultation.--The Administrator of the Federal Emergency 
Management Agency shall consult with the Secretary of Health and Human 
Services in the implementation of subsection (a)(5).
    (d) Definition.--In this section the term ``National Metropolitan 
Medical Response System Working Group'' has the meaning that term has 
in section 525 of the Homeland Security Act of 2002, as amended by this 
section.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENT.

    Section 635 of the Post-Katrina Management Reform Act of 2006 (6 
U.S.C. 723) is repealed.
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