Aviation Security Advisory Committee Charter
1. OFFICIAL DESIGNATION. The official designation of this committee shall be “Aviation Security Advisory Committee.” This document constitutes the charter for the Aviation Security Advisory Committee (ASAC) pursuant to the provisions of the Federal Advisory Committee Act (Title 5 U.S. Code, Appendix II).
2. BACKGROUND. Following the destruction of Pan American World Airways Flight 103 in 1988, ASAC was established in 1989 by the Federal Aviation Administration. On November 19, 2001, the Aviation and Transportation Security Act (ATSA) was signed into law, which among other things established the Transportation Security Administration (TSA) and transferred to it the responsibility for civil aviation security. Accordingly, sponsorship of ASAC was also transferred to TSA.
3. OBJECTIVES AND SCOPE. ASAC’s mission is to examine areas of civil aviation security as tasked by TSA with the aim of developing recommendations for the improvement of civil aviation security methods, equipment, and procedures. ASAC recommendations are reviewed by the ASAC Secretariat within TSA’s Office of Transportation Strategic Policy and forwarded to the Administrator for consideration in future rulemaking actions and security program amendments.
4. DUTIES. The committee is to provide advice and recommendations to the Administrator for improving aviation security measures. Only tasks assigned by TSA may be undertaken. The function of the committee is solely advisory.
5. MEMBERSHIP: ASAC membership shall be fairly balanced in terms of the points of view of those represented and the functions performed by the committee. To achieve this goal, ASAC is composed of private sector organizations representing key constituencies affected by aviation security requirements: Victims of Terrorist Acts Against Aviation; Law Enforcement & Security Experts; Government Agencies; Aviation Consumer Advocates; Airport Tenants & General Aviation; Airport Operators; Airline Management; Airline Labor; Aircraft Manufacturers; and Air Cargo Representatives. There shall be a maximum of three members per membership category, except for Governmental members. Representatives of non-governmental organizations shall serve at the discretion of the Administrator but normally three (3) year terms subject to reappointment at the recommendation of the Administrator with the concurrence of the Under Secretary for Border and Transportation Security and the approval of the Secretary of the Department of Homeland Security. Membership terms shall be staggered within each category of membership to assure adequate continuity of ASAC membership. To ensure that the recommendations of the committee have taken into account the needs of diverse groups served by TSA and the Department of Homeland Security, membership shall include, to the extent practicable, individuals and/or organizations to represent minorities, women, and persons with disabilities.
6. ORGANIZATION AND ADMINISTRATION: The committee shall report to the Administrator, who is the sponsor. The Associate Administrator for Transportation Security Policy shall appoint a Designated Federal Official (DFO). The committee may not meet in the absence of the DFO. The DFO shall adjourn any meeting whenever it is determined to be in the public interest.
a. The Associate Administrator for Transportation Security Policy shall either serve as or appoint a chairperson. The chairperson shall be responsible for:
(1) Determining, with the approval of the sponsor of the committee, when a meeting is required and where it is to be held.
(2) Formulating an agenda for each meeting that will be approved in advance by the sponsor of the committee and published in the Federal Register in accordance with the provisions of paragraph 6d.
(3) Notifying all members of the time, place, and agenda for any meeting.
(4) Conducting the meeting, including the authority to adjourn the meeting.
(5) Establishing subcommittees or working groups as deemed appropriate.
(6) Providing administrative support services for the committee.
b. The committee shall meet as needed, approximately four times each year.
c. Detailed minutes shall be kept of each committee meeting and approved by the chairperson. The minutes shall include the time and place of the meeting; a list of committee members and staff and agency employees present; a complete summary of matters discussed and conclusions reached; copies of all reports received, issued, or approved by the committee; a description of public participation, including a list of the members of the public who presented oral or written statements; and a description of the public statements. The minutes of the meeting shall be certified by the chairperson.
d. In general, ASAC meetings shall be open to the public. ASAC meetings may be closed to the public in whole or in part subject to the requirements of applicable law and DHS policies. Timely notice of ASAC meetings, including appropriate notification to the public if the meeting will be closed in whole or in part, shall be published in the Federal Register at least 15 days before the meeting, except in emergency situations. The proposed agenda, as well as the time and place of the meeting, should be included in the notice which should be forwarded to the Office of the Chief Counsel approximately 30 days before the meeting. Other forms of the notice, such as press releases, are to be used to the extent practicable.
7. COMPENSATION. Representatives of private sector organizations serve without Government compensation and bear all costs related to their participation on the committee.
8. ESTIMATED COST. The estimated annual operating costs of ASAC (including a pro rata share of salaries of TSA employees) are $60,000. Approximately 0.75 person-years are required annually to support the committee.
9. PUBLIC PARTICIPATION. Unless otherwise specified, ASAC meetings shall be open to the public. Interested persons shall be permitted to attend and appear before the committee, subject to reasonable limitations of space and time. Meetings may be closed to the public pursuant to applicable statutes and regulations. Meetings or portions of meetings may be closed to the public where the Administrator determines that such portion of a meeting should be closed in accordance with subsection (c) of 552b of Title 5 U.S. Code. Any such determination shall be in writing and contain the reasons for the determination. If such a determination is made, the committee shall issue a report at least annually setting forth a summary of its activities and such related matters as would be informative to the public consistent with Section 552b of Title 5 U.S. Code. Interested persons may file written statements with the committee at any time.
10. AVAILABILITY OF RECORDS. Subject to Section 552 of Title 5 U.S. Code, records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agendas, and other documents that are made available to or prepared for or by the committee shall be available for public inspection and copying at the Transportation Security Administration, 701 South 12th Street, Arlington, VA 22202. Fees shall be charged for information furnished to the public in accordance with the fee schedule published in the Code of Federal Regulations, Title 6 Part 5.
11. PUBLIC INTEREST. The formation and use of the Aviation Security Advisory Committee are determined to be in the public interest in connection with the performance of duties imposed on TSA by law.
12. EFFECTIVE DATE AND DURATION. This committee is effective October 10, 2003, which is the original filing date of this charter. The committee shall remain in existence for 2 years after this date unless sooner terminated or extended.
