The TWIC Reader Final Rule, scheduled to go into effect August 23, 2018, has been delayed. A court order from the United States District Court for the Eastern District of Virginia has delayed the enforcement of TWIC Reader Final Rule for facilities that transfer and non-transfer facilities handling bulk cargoes of certain dangerous cargo (CDC). This court order is a result of a lawsuit against the Department of Homeland Security. The timeframe for completing this litigation is unknown.
The court ruling ordered that the TWIC Reader Final Rule will go into effect on August 23, 2018, for facilities that receive vessels certified to carry 1,000 or more passengers.
Pending legislation on TWIC Reader Final Rule
I am going to provide a rudimentary “School House Rock” lesson and explain why this bill came to be. The House of Representatives last week passed a bill and the Senate passed it today, July 26, which now goes to the President’s desk to be signed into law. The bill was introduced to delay the August 23, 2018, TWIC Reader Final Rule until after an assessment study on the effectiveness of the transportation security card program can been completed and submitted to Congress for review.
If the President signs this bill and it becomes a law, it will now depend on how long the study takes, which has period of performance ending in the spring of 2019. If the study determines the transportation security card program to be an effective security strategy for CDC facilities, it may take several more months to implement the TWIC Reader Final Rule, which puts us into the late summer of 2019, but that could easily change to be sooner or later.
The bottom line is we are looking at a potential six-month to one-year delay that is being driven by a court order and a bill going through the legislation process. As soon as we learn more, we will put out an updated blog. If you have any questions, please do not hesitate to contact me or any of my Associates.