TSA, CBP and Air Cargo Users Must Each Be Willing to Share More Data: Panelists
The recent confusion over requiring additional data in Air Cargo Advanced Screening security filings because of unspecified security concerns (see 2408270026 and 2409110056) has highlighted the need for Transportation Security Administration, CBP and air cargo participants to examine how to provide air cargo companies and freight forwarders with more visibility into the factors that prompt changes in data collection, said panelists at the National Customs Brokers & Forwarders Association of America’s government affairs conference Sept. 23.
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The status quo has been for the FAA and the TSA to silo security programs so that information was provided on a need-to-know basis, according to Marc Rossi, industry engagement manager for TSA’s policy, plans and engagement office with the agency’s air cargo division: “There was a belief in that philosophy, and that's how it should work to keep things secure. If a program gets in the hands of a nefarious actor, they don't have access to everything.”
He continued, “But I think this circumstance and others that we've experienced over the course of the last 15 years have clearly pointed to the need to change the system.”
Rossi offered his own opinion, suggesting that people at higher levels in the air cargo industry could be vetted so they could have access to more information. However, the TSA and others need “formal” direction to pursue this option.
That formal direction could come from members of Congress, suggested panel moderator Donna Mullins, chair of the NCBFAA air freight subcommittee and president of Mullins International Solutions. Mullins alluded to a forthcoming paper that NCBFAA members can use to lobby Congress to encourage data sharing among stakeholders.
Another issue that the air cargo industry has encountered is the timing and frequency of providing upstream data to ACAS, according to Mullins. Federal agencies had called upon the industry to be vigilant in their data submissions; but if the data is submitted too early in the process, such as when there is not yet sufficient information on the shipments, companies can be flagged for submitting vague data (see 2409060013).
Rossi said that it is his personal opinion that the data could be submitted later so long as it isn’t impeding the ability to ship the product. However, this is also another issue that the trade and federal agencies need to address, he said.
The TSA, CBP and air cargo members also need to hash out whether to update the known shipper designation, according to Rossi, who was answering a comment questioning the usefulness of the known shipper designation. The vetting process could be updated to incorporate data from more sophisticated security-related programs, such as those used by the FBI.
Regardless of what changes the government might make in providing air cargo members with greater access to data, shippers and customs brokers will need to encourage all shippers to provide the TSA with all the data it needs to make informed decisions related to national security, Rossi said.
“There are so few entities that haven't used an electronic platform. Every mom-and-pop business all over the world uses an electronic platform. So, at the point of creation -- again, I'm saying this very carefully because it doesn't apply to everyone and everything -- it's [about] educating everybody who ships upstream that this is all the data we need,” Rossi said.