UNITED STATES DEPARTMENT OF COMMERCE 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 

BOARD OF OVERSEERS OF THE 

MALCOLM BALDRIGE NATIONAL QUALITY AWARD 

CHARTER 

1. Committee’s Official Designation (Title): Board of Overseers of the Malcolm Baldrige 

National Quality Award (Board). 

2. Authority: The Board is being renewed pursuant to 15 U.S.C. § 3711a(d)(2)(B). 

3. Objectives and Scope of Activities: The Board shall meet annually to review the work of 

the private sector contractor(s), which assists the Director of the National Institute of Standards 

and Technology (NIST) in administering the Malcolm Baldrige National Quality Award (Award) 

and the Award process. The Board shall make such suggestions for the improvement of the 

Award process as they deem necessary. The Board shall report the results of the Award 

activities to the Director of NIST each year, along with its recommendations for the 

improvement of the Award process. 

4. Description of Duties: The Board will function solely as an advisory committee under the 

Federal Advisory Committee Act, as amended, 5 U.S.C. App. 

5. Agency or Official to Whom the Committee Reports: The Board will report to the 

Director of NIST. 

6. Support: The NIST Baldrige Performance Excellence Program will provide clerical and 

other necessary support services for the Board. 

7. Estimated Annual Operating Costs and Staff Years: The estimated annual cost of 

operating the Board is $25,000, which includes one-fourth of a person-year for staff support. 15 

U.S.C. 3711a(f) authorizes the use of appropriated funds to carry out this program, in addition to 

gifts from public and private sources and, if additional sums are needed to cover the full cost of 

the program, funds from fees imposed on award applicants. Monies from any or all of the above 

sources will be used to cover the annual operating expenses of the Board, including member 

travel and per diem, and clerical and other support services. 

8. Designated Federal Officer: The Director of the Baldrige Performance Excellence Program 

at NIST will serve as the Designated Federal Officer (DFO) for the Board. The DFO will 

approve or call all of the Board’s meetings and subcommittee meetings, prepare and approve all 

meeting agendas, attend all Board meetings and subcommittee meetings, adjourn any meetings 

when the DFO determines adjournment to be in the public interest, and chair meetings when 

directed to do so by the Director of NIST. 

9. Estimated Number and Frequency of Meetings: The Board will meet at least annually, but 

usually two times a year, in June and December. Additional meetings may be called as deemed 

necessary by the NIST Director or by the Chairperson. 
10. Duration: Continuing. 

11. Termination: The Board will terminate two years from the date of filing this charter with 

the appropriate U.S. Senate and House of Representatives Oversight Committees unless earlier 

terminated or renewed by proper authority. 

12. Membership and Designation: The Board will consist of at least five and approximately 

twelve members selected on a clear, standardized basis, in accordance with applicable 

Department of Commerce guidance, and for their preeminence in the field of organizational 

performance excellence. There will be a balanced representation from U.S. service, 

manufacturing, small business, nonprofit, education, and health care industries. The Board will 

include members familiar with the quality, performance improvement operations, and 

competitiveness issues of manufacturing companies, service companies, small businesses, 

nonprofits, health care providers, and educational institutions. 

Board members will be appointed by the Secretary of Commerce for three-year terms and will 

serve at the discretion of the Secretary. All terms will commence on the first day of March and 

end on the last day of February of the appropriate years. 

Any individual appointed to fill a vacancy occurring before the expiration of the term for which 

his or her predecessor was appointed shall be appointed for the remainder of such term. No 

individual may be reappointed as a member after serving two full terms. 

The Board Chairperson will be appointed by the Secretary of Commerce and will serve a oneyear term subject to renewal by the Secretary. 

Members who are not Federal employees will serve as Special Government Employees (SGEs) 

and will be subject to the ethical standards applicable to SGEs. 

Members of the Board shall serve without compensation, but may, upon request, be reimbursed 

travel expenses, including per diem, as authorized by 5 U.S.C. 5701 et seq. 

Members shall not reference or otherwise utilize their membership on the Board 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 Board, NIST, or the Department. 

13. Subcommittees: NIST may establish such subcommittees of the Board’s members as may 

be necessary, subject to the provisions of the Federal Advisory Committee Act, as amended, 5 

U.S.C. App. Subcommittees must report back to the parent committee and must not provide 

advice or work products directly to the agency. 

14. Recordkeeping: Records of the Board, formally and informally established 

subcommittees, or other subgroups of the Board, shall be handled in accordance with General 

Records Schedule 6.2 or other approved agency records disposition schedule. These records 

shall be available for public inspection or copying, subject to the Freedom of Information Act (5 

U.S.C. 552). 

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