I 111th CONGRESS 2d Session H. R. 4580 IN THE HOUSE OF REPRESENTATIVES February 3, 2010 Mr. Markey of Massachusetts (for himself, Mr. Moran of Virginia, and Ms. Loretta Sanchez of California) 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 authorize the Metropolitan Medical Response System Program, and for other purposes.

1.

Short title

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

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.

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:

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. .