I 118th CONGRESS 2d Session H. R. 9219 IN THE HOUSE OF REPRESENTATIVES July 30, 2024 Mr. Miller of Ohio (for himself and Mr. Lucas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To establish the Federal Commission on Weather Risk Data and Modeling, and for other purposes.

1. Short title This Act may be cited as the Weather Data Taxpayer Protection Act . 2. Federal Commission on Weather Risk Data and Modeling (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall establish in the Department of Commerce a commission to be known as the Federal Commission on Weather Risk Data and Modeling (in this section referred to as the Commission ). (b) Duties The duties of the Commission are the following: (1) To establish data, metadata, and service standards and specifications required for the validation of weather risk data and models under subsection (c). (2) To identify the quality, reliability, usability, timeliness, and accuracy of key data inputs and parameters provided by the private sector and used in weather risk data and models, including the following: (A) Data related to frequency and severity of natural hazards. (B) Data related to natural hazards exposures, vulnerability, adaptation, and mitigation in built environments, including infrastructure, economic activity, and human population. (C) Data related to the relationship and scientific connections between subparagraphs (A) and (B), including types of natural hazards and the specific damages such natural hazards cause. (3) To develop standardized methodologies and protocols for the collection, validation, and analysis of such key private sector data inputs and parameters utilized or purchased by Federal departments and agencies. (4) To facilitate the sharing and dissemination of weather risk data and models among the following: (A) State, local, and Tribal governments. (B) Federal departments and agencies. (C) Appropriate representatives of the insurance industry. (D) Appropriate representatives of the banking industry. (E) Appropriate representatives of the weather industry. (F) Any other relevant stakeholders as determined by the Commission. (5) To coordinate data collection, analysis, and modeling activities for weather risk data and models with the following: (A) The National Oceanic and Atmospheric Administration. (B) The National Institute of Standards and Technology. (C) The National Aeronautics and Space Administration. (D) The Department of Energy. (E) The Environmental Protection Agency. (F) The Office of Science and Technology Policy. (G) Any other relevant Federal departments and agencies as determined by the Commission. (6) To make recommendations to Federal departments and agencies on improving the quality, accuracy, consistency, and transparency of weather risk data models. (c) Weather risk data and model validation (1) In general The Commission shall implement validation standards and specifications that ensure the accuracy and reliability of weather risk data and models utilized or purchased from the private sector by Federal departments and agencies. (2) Criteria In carrying out this subsection, the Commission shall engage with Federal departments and agencies, and external partners and providers, to develop and test validation standards and specifications in order to evaluate all sources and types of weather risk data and models for use by the Federal Government. Not later than one year after such development of such standards and specifications, such standards and specifications shall be used to evaluate current federally used weather risk data and models. (3) Pilot contracts The Commission shall seek, through an open competition, to enter into contracts with private sector entities capable of providing weather risk data and models that can be evaluated to satisfy the standards and specifications implemented pursuant to paragraph (1). Not later than six months after entering into any such contract, the Commission, to the maximum extent practicable, shall seek to recommend submission of an application under paragraph (4) after determining if such data and models satisfy such standards and specifications. (4) Applications Not later than one year after the date of the enactment of this Act and on a continuous basis thereafter, the Commission shall consider applications for review of weather risk data and models for the purpose of validating such model for use by Federal departments and agencies. In order to have weather risk data or models reviewed by the Commission, the owner of such data or model shall submit to the Commission an application at such time, in such manner, and containing such information as the Commission may require. (c) Membership (1) Number and appointment The Commission shall be co-chaired by the Administrator of the National Oceanic and Atmospheric Administration and the Director of the National Institute of Standards and Technology, and be composed of members who are qualified to provide advice regarding weather risk data and models, including, to the maximum extent practicable, from the following entities: (A) One representative of a State or local government that has experience with responding to natural hazards. (B) One representative of a State regulatory entity that utilizes or purchases weather risk data or models. (C) One representative of the Federal Emergency Management Agency. (D) One representative of the United States Forest Service who has experience with wildfire modeling. (E) One representative of a Federal department or agency that utilizes or purchases weather risk data or models. (F) One representative of an organization representing rural communities that has experience with community planning. (G) One representative of an organization representing urban communities that has experience with community planning. (H) One representative of the insurance industry who has experience with weather risk data or modeling. (I) One representative of the banking industry who has experience with weather risk data or modeling. (J) One representative of a non-governmental organization that has experience with weather risk data or modeling. (K) One representative of the engineering industry who has experience with structural engineering related to natural hazards. (L) One representative of an institution of higher education that has experience with conducting research on weather risk data or models. (M) One representative of an institution of higher education that has experience with using artificial intelligence to improve weather risk data or modeling. (2) Term Each member of the Commission shall be appointed for a term of four years, not to exceed a total of eight non-consecutive years, except that the term of six of the members who are initially appointed to membership on the Commission shall be two years. To the maximum extent practicable, the co-chairs of the Commission shall ensure staggered terms of members to avoid complete turnovers of the Commission membership. (3) Vacancies A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (4) Basic pay (A) In general Except as provided in subparagraph (B), members of the Commission shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the actual performance of duties vested in the Commission. (B) Prohibition of compensation of Federal employees Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (d) Staff of Commission (1) Personnel Upon request of the Commission, the Administrator of the National Oceanic and Atmospheric Administration and the Director of the National Institute of Standards and Technology may assign any of the personnel of their respective agencies to the Commission to assist the Commission in carrying out the duties described in subsection (b). (2) Other Federal departments and agencies Upon request of the Commission the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist the Commission in carrying out the duties described in subsection (b). (3) Experts and consultants The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of that title. (e) Report Not later than one year after the date of the establishment of the Commission, the Commission shall submit to the President and Congress a report that includes the following: (1) An analysis of the quality, reliability, usability, timeliness, and accuracy of weather risk models and data. (2) An assessment of the extent to which Federal departments and agencies utilize or purchase weather risk data or models produced by the private sector. (3) A list of the key weather risk data and model inputs and parameters that are needed to integrate long-term climate models and short-term catastrophe models into weather risk data and models. (f) Prohibition of non-Approved weather risk data and models Not later than two years after the date of the enactment of this Act, notwithstanding any other provision of law, the head of each Federal department or agency shall ensure such department or agency, as the case may be, does not utilize or purchase any weather risk data or model that does not meet the validation standards and specifications implemented by the Commission pursuant to subsection (c)(1). (g) Definitions In this section: (1) Artificial intelligence The term artificial intelligence has the meaning given such term in section 5002(3) of the National Artificial Intelligence Initiative Act of 2020 ( 15 U.S.C. 9401(3) ; enacted as division E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021; Public Law 116–283 ). (2) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act ( 20 U.S.C. 1001 ). (3) Natural hazards The term natural hazards means extreme weather or water events and other natural phenomena, including wildfire, drought, flooding, damaging winds, tornadoes, and precipitation, that have a high risk of loss of life or property.