This charter renews the Center for Substance Abuse Prevention (CSAP) Drug Testing Advisory Board (DTAB), within CSAP, in accordance with 42 U.S.C. 290aa(h), Section 501 of the Public Health Service Act, as amended. The CSAP DTAB is governed by the provision 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.
SAMHSA seeks to improve the quality of services for forensic workplace drug testing, assess the science and technology used in drug analyses, improve the quality of related laboratory services and systems for drug testing, generate standards for laboratory certification for Federal workplace drug testing programs, and guide national policy in these areas by the establishment of the CSAP DTAB.
The CSAP DTAB provides advice to the Administrator, SAMHSA, based on an ongoing review of the direction, scope, balance, and emphasis of the Agency's drug testing activities and the drug testing laboratory certification program.
The CSAP DTAB shall review SAMHSA's program for national laboratory certification for Federal workplace drug testing programs as required by Public Law 100-71 and as described in the Mandatory Guidelines for Federal Workplace Drug Testing Programs. It shall recommend areas for emphasis or de-emphasis, new or changed directions, and mechanisms or approaches for implementing recommendations. Periodically, the CSAP DTAB shall review specific science areas on new drugs of abuse and the methods necessary to detect their presence.
Management and support services shall be provided by the Division of Workplace Programs (DWP), CSAP, SAMHSA.
The estimated annual cost for operating the CSAP DTAB, including compensation and travel expenses for members, but excluding staff support, is $70,728. The estimate of annual person years of staff support is 0.60, at an estimated annual cost of $69,711.
The Director, CSAP, shall designate an Agency staff member to serve as the Designated Federal Official (DFO) of the CSAP DTAB. The DFO will approve or call all CSAP DTAB meetings and subcommittees' meetings, prepare and approve meeting agendas, attend all DTAB 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 official to whom the Board reports.
CSAP DTAB meetings shall be held approximately four times a year. The location of the meetings of the Board shall be subject to the approval of the Director, DWP, CSAP.
CSAP DTAB meetings shall be open to the public except as determined otherwise by the Secretary, Department of Health and Human Services (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 CSAP DTAB's functions, dates and places of meetings, and a summary of the CSAP DTAB's activities and recommendations made during the fiscal year.
Unless renewed by appropriate action prior to its expiration, the charter for the CSAP DTAB will terminate two years from the date the charter is filed.
The CSAP DTAB shall consist of three nonvoting ex officio members who are officers or employees of the United States as the Administrator, SAMHSA, determines necessary for the CSAP DTAB to effectively carry out its functions; and 10 members appointed by the Administrator, SAMHSA. Of the 10 appointed members, 8 shall be recognized as experts in either analytical forensic toxicology, in specimen collection procedures for regulated drug testing programs, or in interpreting drug testing results. The individuals appointed should represent a variety of disciplines related to forensic drug testing, such as experience in a forensic drug testing laboratory, related academic research, toxicological research, the Medical Review Officer community, or technical expertise from other government agencies involved with drug testing issues, including military drug testing programs. Of the additional two appointed members, one shall represent users of SAMHSA's certified drug testing laboratories and drug-free workplace programs and processes and one shall represent individuals tested in Federal or Federally-regulated workplace drug testing programs. All Board members who are not officers or employees (full-time or permanent part-time) of the United States shall serve as Special Government Employees.
The Administrator, SAMHSA, shall select either an individual from among the appointed members or an appropriate member of SAMHSA staff to serve as the Chair. If the Chair is a member of SAMHSA staff, the Chair will be a nonvoting position. The term of office for the Chair shall be two years.
A quorum for the conduct of Board business is the majority (one more than one-half) of the appointed voting membership.
The term of office of a member of the CSAP DTAB shall be four years, except a member may serve after the expiration of the member's term until a successor has been appointed and taken office. Initial appointments shall be made in such a manner as to ensure that the terms of the members do not all expire in the same year. Terms of more than two years are contingent upon renewal of the CSAP DTAB charter by appropriate action prior to its expiration. A member who has been appointed for a term of four years may not be reappointed to an advisory committee before two years from the date of expiration of such term of office.
The DWP, CSAP, SAMHSA shall provide orientation and training for new members of the CSAP DTAB and shall also provide them with such information and training as may be appropriate for their effective participation in the functions of the Board.
Subcommittees composed of members and nonmembers of the parent board may be established with the approval of the Administrator. The advice/recommendations of a subcommittee must be deliberated by the parent board. 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.
The records of the CSAP DTAB shall be handled in accordance with General Records Schedule 26, Item 2 or other approved agency records disposition schedule. These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552.
June 15, 2012.
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