CMHS National Advisory Council Charter

The CMHS National Advisory Council may, on the basis of material provided, make recommendations to the Director of the Center with respect to activities conducted at the Center; shall review summary statements for applications submitted for grants and cooperative agreements for activities for which Advisory Council approval is required under section 504(c)(2) of the Public Health Service Act and recommend for approval applications for projects that show promise of making valuable contributions to the Center’s mission; and may review any grant or cooperative agreement proposed to be made or entered into by the organization.

Authority

The Center for Mental Health Services (CMHS) National Advisory Council (NAC) was established in accordance with the provisions of 42 U.S.C. 290aa-1, section 502 of the Public Health Service Act, as amended. The Council is governed by the provisions of the Federal Advisory Committee Act (FACA), (as amended, 5 U.S.C. App.), which sets forth standards for the formation and use of advisory committees. The CMHS NAC also conforms to section 6001 (Assistant Secretary for Mental Health and Substance Use), and 6008 (Advisory Councils), Public Law 114–255, also known as the 21st Century Cures Act of 2016.

Objectives and Scope of Activities

The Secretary, Department of Health and Human Services (HHS), and by delegation, the Assistant Secretary for Mental Health and Substance Use (Assistant Secretary), Substance Abuse and Mental Health Services Administration (SAMHSA), and the Director, Center for Mental Health Service, (CMHS), are authorized by sections 520-520B, 521-535, 561-565, 1911-1920, and 1941-1954 of the Public Health Service Act, as amended, 42 U.S.C. 290bb-31 through 290cc-35, 290ff through 290ff-4, 300x-1 through 300x-9, and 300x-51 through 300x-64 respectively, to improve the mental health of the people of the United States by designing national priorities for the prevention and treatment of mental illness and the promotion of mental health; encouraging and assisting local entities and State agencies to achieve these goals as priorities; involving consumer and families fully in orienting the mental health system toward recovery; improving access to quality care that is culturally competent; developing and coordinating Federal prevention policies and programs; eliminating disparities in mental health services; making early mental health screening, assessment and referral to services common practice; advancing evidence-based practices; and developing and implementing health technology and tele-health systems to improve access and coordination of mental health care.

Description of Duties

The CMHS National Advisory Council (NAC) shall, on the basis of material provided, make recommendations to the Director of the Center with respect to activities conducted at the Center; shall review summary statements for applications submitted for grants and cooperative agreements for activities for which Advisory Council approval is required under section 504(c)(2) of the Public Health Service Act. Per Section 502(2)(ii) the advisory council will recommend for approval applications for projects that show promise of making valuable contributions to the Center’s mission; and may review any grant or cooperative agreement proposed to be made or entered into by the organization. The CMHS NAC may collect, by correspondence or by personal investigation, information as to studies and services that are being carried on in the United States, or any other country as to diseases, disorders or other aspects of human health with respect to the mission of CMHS, and, with the approval of the Assistant Secretary, SAMHSA or the Director of the Center, make such information available through appropriate publications for the benefit of public and private health entities and health professions personnel and for the information of the general public. With the approval of the Director, CMHS, the CMHS NAC may appoint subcommittees and convene workshops and conferences.

Agency or Official to Whom the Committee Reports

The CMHS NAC shall advise, consult with, and make recommendations to the Secretary, HHS; the Assistant Secretary, SAMHSA; and the Director, CMHS, concerning matters relating to the activities carried out by and through the Center and the policies respecting such activities.

Support

Management and support services shall be provided by the Office of Program Analysis and Coordination, CMHS, SAMHSA.

Estimate Annual Operating Costs and Staff Years

The estimated annual cost for operating the Advisory Council, including compensation and travel expenses for members but excluding staff support, is $55,064. The estimate of annual person-years of staff support required is one (1) full-time equivalent, at an estimated annual cost of $156,166.

Designated Federal Officer

The Director, CMHS, shall designate a Center staff member to serve as the Designated Federal Officer (DFO) of the Advisory Council. The DFO will prepare and approve all meeting agendas, attend all council 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 official to whom the Advisory Council reports.

Estimated Number and Frequency of Meetings

The Chair of the Advisory Council meetings will call the subcommittee and regular council meetings to order. The CMHS National Advisory Council shall meet no less than two times during each fiscal year. The location of the meetings of the Advisory Council shall be subject to the approval of the Assistant Secretary, and/or Director, CMHS.

CMHS NAC meetings shall be open to the public except as determined otherwise by the Secretary of HHS (or the designee), in accordance with the Government in the Sunshine Act (5 U.S.C. 552b(c)) and the Federal Advisory Committee Act. Notice of all meetings shall be given to the public. In the event a portion of a meeting is closed to the public, a report shall be prepared which shall contain, at a minimum, a list of members and their business addresses, the CMHS Council’s functions, dates, and places of meetings, and a summary of Council activities and recommendations made during the fiscal year.

Duration

Continuing.

Termination

Unless renewed by appropriate action prior to its expiration, the charter for the SAMHSA/CMHS National Advisory Council will expire two years from the date the charter is filed.

Membership and Designation

The CMHS National Advisory Council shall consist of the following non-voting ex-officio members: the Secretary, HHS; the Assistant Secretary, SAMHSA; the Director, CMHS; the Chief Medical Director of the Department of Veterans Affairs; (or the designees of such officers); Director of the National Institute of Mental Health (NIMH); the Director of the National Institute on Alcohol Abuse and Alcoholism (NIAAA); the Director of National Institute on Drug Abuse (NIDA); and such additional officers or employees of the United States as the Secretary determines necessary for the Advisory Council to effectively carry out its functions; and not more than twelve (12) members to be appointed by the Secretary.

Of the twelve (12) appointed members, at least half will have a medical degree, doctoral degree, an advanced degree in nursing, public health, behavioral or social sciences, social work; or are a certified physician assistant, and have relevant experience.

Nine (9) members shall be from among the leading representatives of the health disciplines, (including public health and behavioral and social sciences), relevant to the activities of CMHS; and three (3) members shall be from the general public and shall include leaders in the fields of public policy, public relations, law, health policy economics, or management. All non-federal members shall serve as Special Government Employees.

A quorum for the conduct of business by the full Committee will consist of a majority of (one more than one half) currently appointed members.

The Secretary, HHS, may select an individual from among the appointed members, or may select the Director, CMHS to serve as chair of the Council. The term of office of the chair shall be two years.

The term of office of a member of the CMHS Council shall be four years, except that a member may serve after the expiration of the member’s term until a successor has been appointed and taken office. If a vacancy occurs in the advisory council among the members, the Secretary shall make an appointment to fill such vacancy within ninety (90) days from the date the vacancy occurs. Initial appointments shall be made in such a manner as to ensure that the terms of the members not all expire in the same year. A member who has been appointed for a term of four years may not be reappointed to an advisory council before two years from the date of expiration of such term of office.

The CMHS Director shall provide orientation and training for new members of the CMHS NAC and such information and training as may be appropriate for their effective participation in the functions of the Council.

Subcommittee

Subcommittees composed of members of the parent committee may be established by the parent committee with the approval of the Assistant Secretary, or Director, CMHS. The recommendations of a subcommittee must be deliberated by the parent committee. A subcommittee may not provide advice or work products directly to the agency. The Department Committee Management Officer will be notified upon establishment of each subcommittee and will be provided information on its name, membership, function, and estimated frequency of meetings.

Recordkeeping

Meetings of the Council and its subcommittees will be conducted according to the Federal Advisory Committee Act, other applicable laws and Departmental policies. Council and subcommittee records will be handled in accordance with General Records Schedule, 6.2, Federal Advisory Committee Records or other approved disposition schedule. These records will be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552.