ACCURATE Act

Not later than 180 days after the enactment of this Act, the Under Secretary of Commerce for Standards and Technology shall establish a commission to be known as the Commission on Hazard Risk Assessment Tools (in this section referred to as the Commission). The Commission shall serve in an advisory capacity and provide recommendations to the Under Secretary.

The duties of the Commission include the following:

(1) Identify hazard risk assessment tools and models needed and procured by Federal Departments and agencies, including—

(A) hazard maps;

(B) flood maps;

(C) return period maps;

(D) hazard scores;

(E) hazard ratings; and

(F) risk scores.

(2) Identify the sources of key data inputs and parameters used in the development of hazard risk assessment tools and models including—

(A) data related to the frequency and severity of natural hazards;

(B) scientific data related to how the frequency and severity of natural hazard affect, influence, shape risks and offsets of the built environment described in paragraph (C) and (D);

(C) data related to inventories of the built environment, including buildings and infrastructure;

(D) data related to natural hazard exposures and vulnerabilities of built environments including infrastructure, economic activity and human populations; and

(E) data related to the adaptation and hazard mitigation practices used to offset the risk to and impact of natural hazard exposures and vulnerabilities of built environments.

(3) Develop and submit to the Under Secretary of Commerce for Standards and Technology recommended standards and specifications required to validate the quality control of hazard risk assessment tools and models described in subsection (1). Such standards and specifications shall address—

(A) The data inputs and parameters described in subsection (2);

(B) Model assumptions; and

(C) Validation of model outputs.

(4) Develop and submit to the Under Secretary of Commerce for Standards and Technology recommended standardized methodologies and protocols for the collection, validation, and analysis of the key data inputs and parameters identified in subsection (3).

(5) Catalogue the quality, reliability, usability, timeliness, accuracy, consistency, and transparency needs for hazard risk assessment tools and models used by Federal departments and agencies that currently procure or utilize such tools, as determined by the Commission.

(6) Make recommendations to the Under Secretary of Commerce for Standards and Technology regarding best practices for Federal departments and agencies for procurement of hazard risk assessment tools regarding the quality, reliability, usability, timeliness, accuracy, consistency, and transparency of hazard risk assessment tools and models. Such recommendations shall include an evaluation of the Federal Acquisition Regulations pertinent to such Federal departments and agencies to determine whether the current requirements should be updated based upon the recommended best practices guidance for the procurement of hazard risk assessment tools.

(A) Not later than 180 days after receiving recommendations from the Commission under this subsection, the Under Secretary of Commerce for Standards and Technology shall review such recommendations and determine whether to adopt, modify, or decline such standards, methodologies, or best practices.

(B) The Under Secretary for Standards and Technology may issue guidance, standards, or other appropriate directives for use by Federal departments and agencies based on such determinations.

The Commission shall be comprised of representatives from each of the following categories.

(A) A Federal department or agency responsible for modeling natural hazards.

(B) A state or local emergency response organization.

(C) FEMA.

(D) A state regulatory agency that utilizes or procures hazard risk assessment tools or models.

(E) A Federal department or agency that utilizes or procures hazard risk assessment tools or models.

(F) A non-governmental organization or national association representing rural communities.

(G) A non-governmental organization or national association representing urban communities.

(H) Insurance industry.

(I) Banking industry.

(J) Public utility industry.

(K) Construction industry.

(L) Real estate industry.

(M) Transportation/logistics.

(N) Risk management consultant/professional.

(O) Structural engineering.

(P) Institute of higher education (as such term is defined in Section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) conducting research on hazard risk assessment tools or modeling.

(Q) Institute of higher education utilizing artificial intelligence (as such term is described in the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C 9401)) to improve hazard risk assessment tools or models.

The Commission shall be chaired by the Under Secretary of Commerce for Standards and Technology or their designee.

The Chairperson of the Commission shall appoint the members to satisfy the representational requirements described in paragraph (1).

Every member of the Commission appointed shall all have expertise in at least one of the following categories:

(A) Emergency management or response.

(B) Utilization or procurement of hazard risk assessment products or models.

(C) Modeling of natural hazards.

(D) Community planning.

(E) Structural engineering with respect to natural hazards.

(F) Research of hazard risk assessment products or models.

(G) Utilizing artificial intelligence to improve hazard risk assessment products or models.

When appointing the members of the Committee, the Chairperson shall ensure at least one person with each of the expertise described in paragraph (4) is represented.

Within 30 days of a vacancy on the Commission occurring, the Chairperson shall fill such vacancy from the same category that created the vacancy and satisfied the requirements described in this section.

A member of the Commission who is not designated a Special Government Employee (SGE) shall disclose to the Chairpersons any real or potential conflict of interest if such member has a direct financial interest in any hazard risk assessment tools, model, or modeling provider that is subject to review or validation through the standards and specifications established in subsection (b)(2).

A member of the Commission designated as a special government employee shall be subject to applicable laws as delineated under 18 USC 201 et Seq, Standards of Ethical Conduct for Employees of the Executive Branch.

A member of the Commission disclosing a conflict of interest in subsection (d)(1) shall submit a written report to the Commission to disclose the following:

(A) Direct financial interest.

(B) Affiliations with entities that have a direct financial interest.

(C) Close relative or family member that have a direct financial interest.

Disclosure of conflict interest under subsection (1) shall occur before any meeting in which any hazard risk assessment tools, model or modeling provider is reviewed or validated.

Any member with a conflict described in subsection (2) shall seek recusal from participation in deliberations, decisions, or votes related to the review that presents the conflict.

The Commission shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(1) A report not later than 9 months after the convening of the Commission that includes the following:

(A) A catalogue of public and private sector sources of hazard risk assessment tools.

(B) An assessment of the extent to which Federal departments and agencies utilize or purchase hazard risk assessment tools or models produced by the private sector.

(C) A list of the key inputs and parameters to hazard risk assessment tools.

(2) A report not later than 9 months after the submission of the report in subsection (1) that includes the results of the Commission’s duties outlined in section (b).

(3) A report not later than 18 months submission of the report in subsection (2) that includes the following:

(A) An analysis of the results of the Commission’s duties listed under section (b) regarding the efficacy of the standards and specifications in improving the quality of the hazard risk assessment tools available.

(B) The identification of any standards or specifications that improve the quality of the hazard risk assessment tools available or any hazard risk assessment tool that has not yet been subject to the standards and specifications.

(C) Recommendations to address the deficiencies in existing standards and specifications and how to set standards and specifications for tools that did not fall under the purview of the original standards and specifications.

If the Under Secretary of Commerce for Standards and Technology adopts standards, methodologies, or guidance pursuant to subsection (b), Federal departments and agencies identified by the Commission shall, to the maximum extent practicable, incorporate such standards and guidance when procuring or utilizing hazard risk assessment tools and models from the private sector.

(A) The purveyor of hazard risk assessment tools and models purchased in paragraph (1) shall document for Federal agencies, and provide such documentation, how such hazard risk assessment tools and models conform to the standards and specifications adopted or issued by the Under Secretary of Commerce under subsection (b). In order to qualify to sell hazard risk assessment tools and models that have undergone a material change to Federal departments and agencies, the purveyor shall document, and provide such documentation, of how the changed hazard risk assessment tools and models conform to the standards and specifications adopted or issued by the Under Secretary of Commerce under subsection (b)(7).

Notwithstanding paragraph (1), a Federal department or agency may procure or utilize hazard risk assessment tools or models that do not incorporate standards or guidance issued under this subsection if:

(A) the Under Secretary of Commerce for Standards and Technology has not issued applicable standards or guidance for the specific use case; or

(B) such procurement or use is necessary to respond to a national emergency.

If a Federal department or agency relies on paragraph (3)(B), the agency shall, not later than 30 days after such use, notify the appropriate congressional committees and provide a brief justification, as well as what steps the agency has taken to ensure that such a purchase or utilization does not recur.

The Commission terminates 5 years after the enactment of this Act.

In this Act:

The term built environment means any man-made or modified structures, including associated infrastructure, that provide people with living, working, and recreational spaces.

The term hazard risk means the exposure of people, property, infrastructure, or economic activity to loss or disruption resulting from variations in natural hazards over a time period of at least one year.

The term hazard risk assessment tools means products developed using hazard risk information to create output including—

(A) hazard maps;

(B) flood maps;

(C) return period maps;

(D) hazard scores;

(E) hazard ratings; and

(F) risk scores.

The term natural hazards means extreme weather, water, or seismic events, including wildfire, drought, flooding, damaging winds, tornadoes, precipitation, earthquakes, and other natural phenomena, that have a high risk of loss of life or property.

The term material change means a model version update that changes underlying input data, methodology, or assumptions, or updates losses or categorization of properties or areas by more than ten percent.