Sec. 102. Appointment and duties of the Director
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The President shall appoint the Director, by and with the advice and consent of the Senate. The Director shall serve at the pleasure of the President. No person shall serve as Director while serving in any other position in the Federal Government or while employed in a full-time position outside of the Federal Government. The Director shall— assist the President— to establish policies, goals, objectives, and priorities with respect to mental health, particularly serious mental illness and serious emotional disturbances; to maximize the access of individuals with mental illness to community-based services; to strengthen the impact of such services; and to meet the comprehensive needs of individuals with mental illness; work with Federal departments and agencies providing mental health services to strengthen the coordination of mental health services in order to maximize the access of individuals with a mental illness, particularly individuals with a serious mental illness and children and adolescents with a serious emotional disturbance, to community-based services, strengthen the impact of services, and meet the comprehensive needs of individuals with a mental illness; coordinate and oversee the development, coordination, implementation, and evaluation of the National Strategy for Mental Health; promulgate the National Strategy for Mental Health, ensuring its wide availability to government officials and the public; make such recommendations to the President as the Director determines are appropriate with respect to the organization, management, and budgets of Federal departments and agencies providing mental health services, including changes in the allocation of personnel to and within those departments and agencies to implement the policies, goals, objectives, and priorities established under paragraph
(1)and the National Strategy for Mental Health; consult, coordinate with, facilitate joint efforts among, and support State, local, and tribal governments, nongovernmental entities, and individuals with a mental illness, particularly individuals with a serious mental illness and children and adolescents with a serious emotional disturbance, with respect to improving mental health services; appear before duly constituted committees and subcommittees of the House of Representatives and of the Senate to represent the policies of the President related to mental health and serve as the spokesperson of the President, if the President determines it appropriate, on issues related to mental health, and the National Strategy for Mental Health; submit an annual report to Congress detailing how the Director has consulted and coordinated with the National Mental Health Council described in section 104(d), the National Mental Health Advisory Board described in section 105, State, local, and tribal governments, nongovernmental entities, and individuals with a mental illness, particularly individuals with a serious mental illness and children and adolescents with a serious emotional disturbance; and ensure the Office meets each of its responsibilities under this title. Each department or agency of the Federal Government providing mental health services and benefits shall transmit each year to the Director a copy of the proposed budget request of that department or agency with respect to mental health services and benefits at a time not later than that department or agency’s submitting of such budget request to the Office of Management and Budget for preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. The proposed budget request shall be transmitted to the Director in such form as the Director, in consultation with the Office of Management and Budget, determines appropriate. After the receipt of proposed budget requests pursuant to paragraph (1), the Director shall provide budget recommendations with respect to Federal mental health services and benefits to the Director of the Office of Management and Budget and to the President at a time that allows such recommendations to be incorporated, as appropriate, into the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. The recommendations shall address funding priorities developed in the National Strategy for Mental Health and shall address future fiscal projections as determined by the Director. In carrying out this title, the Director may— select, appoint, employ, and fix the compensation of such officers and employees of the Office as may be necessary to carry out the functions of the Office under this title; request the head of a department or agency of the Federal Government to place department or agency personnel who are engaged in activities with respect to mental health, on temporary detail to another department or agency in order to implement the National Strategy for Mental Health, and the head of such department or agency shall comply with such request; use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, local, and tribal departments and agencies; procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable under level IV of the Executive Schedule under section 5311 of title 5, United States Code; use the mails in the same manner as any other department or agency of the executive branch; and monitor implementation of the National Strategy for Mental Health, including— conducting program and performance audits and evaluations; and requesting assistance from the Inspector General of the relevant department or agency in such audits and evaluations.