UNITED STATES DEPARTMENT OF COMMERCE 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 

JUDGES PANEL OF THE MALCOLM BALDRIGE NATIONAL QUALITY AWARD 

CHARTER 

1. Committee’s Official Designation (Title). Judges Panel of the Malcolm Baldrige National 

Quality Award (Panel). 

2. Authority. The Secretary of Commerce, having determined that it is in the public interest in 

connection with the performance of duties imposed on the Department by 15 U.S.C. 

§ 3711a(d)(1), established the Panel pursuant to the Federal Advisory Committee Act, as 

amended (FACA), 5 U.S.C. § 1001 et seq. 

3. Objectives and Scope of Activities. The Panel will ensure the integrity of the Malcolm 

Baldrige National Quality Award (Award) selection process. Based on a review of results of 

examiners’ scoring of written applications, Panel members will vote on which applicants merit 

site visits by examiners to verify the accuracy of quality improvements claimed by applicants. 

The Panel will also review recommendations from site visits and recommend Award recipients. 

The Panel will ensure that individual judges will not participate in the review of applicants with 

which they have any potential conflict of interest. 

4. Description of Duties. The Panel will function solely as an advisory body and will comply 

with the provisions of FACA. 

5. Agency or Official to Whom the Committee Reports. The Panel will report to the Director 

of the National Institute of Standards and Technology (NIST). 

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

other necessary support services for the Panel and any of its subcommittees. 

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

operating the Panel is $40,000, which includes one-fourth of a person-year for staff support. 

Pursuant to 15 U.S.C. § 3711a(f), appropriated funds may be used 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 Panel, 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 Panel. The DFO will 

approve or call all of the Panel’s and subcommittees’ meetings, prepare and approve all meeting 

agendas, attend all Panel 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 Panel will meet three times per year. 

Additional meetings may be called as deemed necessary by the NIST Director. 

10. Duration. Continuing. 

11. Termination. The charter will terminate two years from the date of its filing 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. The Panel will consist of no less than nine, and not more 

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

Department of Commerce guidance. There will be a balanced representation from U.S. service, 

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

include members familiar with the quality improvement operations and competitiveness issues of 

manufacturing companies, service companies, small businesses, nonprofits, health care 

providers, and educational institutions. 

Panel 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 year. 

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 appointed as a member after serving two full terms. 

The Panel 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) 

as that term is defined in 18 U.S.C. § 202. Special Government Employees 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 who are not Federal employees will be individually advised of the 

capacity in which they will serve through their appointment letters. 

Members of the Panel 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 Panel 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 Panel, NIST, the Department of 

Commerce, or the U.S. Government. 

13. Subcommittees. NIST may create such subcommittees of Panel members as may be 

necessary, pursuant to the provisions of FACA, the FACA implementing regulations, and 

applicable Department of Commerce guidance. Subcommittees must report back to the parent 

committee and must not provide advice or work products directly to the agency. 

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14. Recordkeeping. Records of the Panel, and formally and informally established 

subcommittees, or other subgroups of the Panel, 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 

Board are available for public inspection. 

15. Filing Date. The charter is filed on the date indicated below. 

For___________________________________________ ___________________ 

Deputy Assistant Secretary for Administration, Date 

Performing the non-exclusive functions and duties 

Digitally signed by STEPHEN KUNZE STEPHEN KUNZE Date: 2023.10.27 15:33:30 -04'00' 

of the Chief Financial Officer and 

 Assistant Secretary for Administration 

10/27/2023

Filing Date 

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