Appendix H ‐ Charter of the National Laboratories Committee

Adopted May 16, 2019

A. Purpose. The National Laboratories Committee shall provide strategic direction and oversight, make recommendations to the Board, and act pursuant to delegated authority on matters pertaining to the research and other activities of the Lawrence Berkeley National Laboratory, the Lawrence Livermore National Laboratory, the Los Alamos National Laboratory, and any other National Laboratory or Comparable Facility and any affiliated business entity holding a prime contract to manage and operate a National Laboratory or Comparable Facility. A Comparable Facility shall include any National Laboratory or other Federally Funded Research and Development Center as identified by federal regulation.

B. Membership/Terms of Service. The identity, appointment and terms of service of members shall be as specified in Bylaws 24.4 through 24.6. Membership shall include up to four non-voting advisory members (in addition to Chancellors) with expertise relevant to the work of the Committee. The Chair of the Committee shall possess or promptly apply for a security clearance that allows them access to classified information.

C. Consent Responsibilities. The Committee shall be charged with recommending action on the following matters which, on approval, shall be placed on the consent agenda of the Board for approval without discussion, unless removed from the consent agenda by motion of any member for separate consideration. Unless otherwise specified, any approval authority for these matters that falls outside parameters expressly reserved to the Board or a Committee is delegated to the President.

• Making any cardinal change to a prime contract to manage and operate a National Laboratory or other Comparable Facility.
• Allocation of the annual fee earned by the University from an affiliated business entity formed to manage and operate any National Laboratory or Comparable Facility.

D. Other Oversight Responsibilities. In addition to the responsibilities assigned to the Committee described above, and to the extent not otherwise within such responsibilities, the charge of the Committee shall include reviewing and making recommendations to the Board with regard to the following matters and/or with regard to the following areas of the University’s business:

• The University’s participation in any solicitation for or contract to manage and operate a National Laboratory or Comparable Facility.
• The University's participation in any business entity formed to manage and operate a National Laboratory or other Comparable Facility.
• Oversight of relationships between and among the University, the Department of Energy, the National Nuclear Security Administration, other pertinent state and federal authorities, and any business partners and business entities with responsibility for management and operation of a National Laboratory or Comparable Facility.

E. Reporting. The Committee shall report to the Board any material developments in the operation of the National Laboratories or Comparable Facilities.