U.S. DEPARTMENT OF COMMERCE 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 

NIST SAFETY COMMISSION 

CHARTER 

1. Committee’s Official Designation (Title). NIST Safety Commission (Commission). 

2. Authority. The Commission is being established under agency authority pursuant to 15 

U.S.C. § 1512 and in accordance with the Federal Advisory Committee Act, as amended 

(FACA), 5 U.S.C. App. 

3. Objectives and Scope of Activities. The Commission shall provide advice to the 

Director of the National Institute of Standards and Technology (NIST) on matters relating 

to (a) safety policies, (b) safety management system, practices, and performance, and (c) 

safety culture. 

4. Description of Duties. The Commission will function solely as an advisory body, in 

accordance with the provisions of FACA. The Commission shall assess the state of 

NIST’s safety culture and how effectively the existing safety protocols and policies have 

been implemented across NIST. The NIST Director may charge the Commission with 

specific areas of focus. 

The Commission shall submit one or more oral and written reports to the NIST Director 

on its findings. The Commission shall provide an oral briefing of its preliminary findings 

to the NIST Director within 75 days of beginning its activities, and written findings 

within 150 days of beginning its activities. 

5. Agency or Official to Whom the Committee Reports. The Commission shall report to 

the Director of NIST. 

6. Support. NIST, through the Director’s Office, shall provide support for the Commission 

and shall ensure compliance with the requirements of the FACA, governing federal 

statutes and regulations, and established Department of Commerce policies and 

procedures. 

7. Estimated Annual Operating Costs and Staff Years. The estimated annual operating 

cost to NIST, to include travel, meetings, and contract support, is approximately 

$500,000. The estimated annual personnel cost to NIST is 1.5 full-time equivalents. 

8. Designated Federal Officer. The Director of NIST will appoint a Designated Federal 

Officer (DFO) and Alternate Designated Federal Officer (ADFO) from among the 

employees of NIST. The DFO will: approve or call all Commission meetings and 

subcommittee meetings; prepare and approve all meeting agendas; attend all Commission 

meetings and subcommittee meetings; adjourn any meeting when the DFO determines 

adjournment to be in the public interest; and chair meetings when directed to do so by the 

Director of NIST. The ADFO will serve as DFO when the DFO is not available. 
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9. Estimated Number and Frequency of Meetings. It is estimated that the Commission 

will convene approximately three times over a 150-day period. 

10. Duration. It is anticipated that the Commission will carry out its activities over the 

period of one year. While it is anticipated that the activities of the Commission will be 

largely completed over a period of 150 days, additional time will be required to allow for 

follow-on requirements from NIST. 

11. Termination. This Commission will terminate one (1) year from the date of filing its 

charter with the standing committees of the U.S. Senate and House of Representatives 

having legislative jurisdiction of the agency unless earlier terminated or renewed by 

proper authority. 

12. Membership and Designation. Members of the Commission shall be appointed by the 

Director of NIST. The Commission shall be composed of not more than seven members 

who are qualified to provide advice to the NIST Director on matters relating to safety 

policies; safety management system, practices, and performance; and safety culture. 

The membership shall be fairly balanced and drawn from industry, academia, federal 

laboratories, and other relevant sectors. Membership shall also consider balance among 

the broad diversity of disciplinary specialties represented in the NIST Laboratories, 

including the physical sciences; chemical, biological, and materials sciences and 

engineering; structural engineering and fire research; manufacturing and mechanical 

engineering; and information and communication technologies. 

Each member will be a qualified expert with public or private sector experience in one or 

more of the following areas: (a) management and organizational structure; (b) laboratory 

management and safety; (c) safety training and operations; (d) hazardous materials safety 

and security; (e) emergency medical response; or (f) organizational safety culture. 

Each member will serve for the duration of the Commission. Members shall serve in 

their personal capacities as Special Government Employees (SGEs) as defined in Title 18 

of the United States Code, section 202(a). SGEs are subject to conflict-of-interest laws 

and regulations, including (but not limited to) the obligation to annually file a New 

Entrant Confidential Financial Disclosure Report (OGE Form 450) and complete ethics 

training. Members of the Commission who are full-time or permanent part-time Federal 

officers or employees will be appointed pursuant to 41 C.F.R. § 102.3.130(h) to serve as 

Regular Government Employee (RGE) members. Members will be individually advised 

of the capacity in which they will serve through their appointment letters. 

 

The Director of NIST shall appoint the Commission Chair and a Vice-Chair to serve in 

the absence of the Chair from among the Commission membership. Both members will 

serve in those capacities for the duration of the Commission, at the pleasure 

of the Director. 

Commission members will, upon request, be reimbursed for travel and per diem as it 

pertains to official business of the Commission in accordance with 5 U.S.C. § 5701 et 
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seq. Commission members will serve without compensation, except that federal 

government employees who are members of the Commission shall remain covered by 

their compensation system pursuant to 41 C.F.R. § 102-3.130(h). 

Members shall not reference or otherwise utilize their membership on the Commission in 

connection with public statements made in their personal capacities without a disclaimer 

that the views expressed are their own and do not represent the views of the Commission, 

NIST, the Department of Commerce, or the U.S. Government. 

13. Subcommittees. NIST, when necessary and consistent with the Commission’s mission

and Departmental policies and procedures, may establish subcommittees, drawn in whole

or in part from the Commission, pursuant to the provisions of FACA, the FACA

implementing regulations, and applicable Departmental guidance. Subcommittees must

report back to the Commission and must not provide advice or work products directly to

NIST, and any recommendations based on their work will be deliberated and adopted by

the Commission prior to dissemination.

14. Recordkeeping. The records of the Commission, formally and informally established

subcommittees, or other subgroups of the Commission, will be handled in accordance

with the General Records Schedule 6.2 or other approved agency records disposition

schedule. Subject to the Freedom of Information Act, 5 U.S.C. § 552, records presented

to or prepared for or by the Commission are available for public inspection. The DFO

will oversee recordkeeping and appropriate filings.

____________________________________

Acting Chief Financial Officer and 

____________________ 

Filing Date 

 Assistant Secretary for Administration 

JEREMY PELTER Digitally signed by JEREMY 

PELTER 

Date: 2022.12.01 10:10:42 -05'00'