6 U.S.C. § 216 — Protection against potential synthetic

Page 113 TITLE 6—DOMESTIC SECURITY § 216 § 215. Definition In this part, the term ‘‘customs revenue func- tion’’ means the following: (1) Assessing and collecting customs duties (including antidumping and countervailing du- ties and duties imposed under safeguard provi- sions), excise taxes, fees, and penalties due on imported merchandise, including classifying and valuing merchandise for purposes of such assessment. (2) Processing and denial of entry of persons, baggage, cargo, and mail, with respect to the assessment and collection of import duties. (3) Detecting and apprehending persons en- gaged in fraudulent practices designed to cir- cumvent the customs laws of the United States. (4) Enforcing section 1337 of title 19 and pro- visions relating to import quotas and the marking of imported merchandise, and pro- viding Customs Recordations for copyrights, patents, and trademarks. (5) Collecting accurate import data for com- pilation of international trade statistics. (6) Enforcing reciprocal trade agreements. (7) Functions performed by the following personnel, and associated support staff, of the United States Customs Service on the day be- fore the effective date of this chapter, and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Cus- toms and Border Protection Authorization Act: Import Specialists, Entry Specialists, Drawback Specialists, National Import Spe- cialist, Fines and Penalties Specialists, attor- neys of the Office of Regulations and Rulings, Customs Auditors, International Trade Spe- cialists, Financial Systems Specialists. (8) Functions performed by the following of- fices, with respect to any function described in any of paragraphs (1) through (7), and associ- ated support staff, of the United States Cus- toms Service on the day before the effective date of this chapter, and of U.S. Customs and Border Protection on the day before the effec- tive date of the U.S. Customs and Border Pro- tection Authorization Act: the Office of Infor- mation and Technology, the Office of Labora- tory Services, the Office of the Chief Counsel, the Office of Congressional Affairs, the Office of International Affairs, and the Office of Training and Development. (Pub. L. 107–296, title IV, § 415, Nov. 25, 2002, 116 Stat. 2180; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(iii)(V), Feb. 24, 2016, 130 Stat. 211.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle B (§§ 411–419) of title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2178, which enacted this part, amended section 5314 of Title 5, Gov- ernment Organization and Employees, section 58c of Title 19, Customs Duties, and provisions set out as a note under section 2075 of Title 19. For complete classi- fication of subtitle B to the Code, see Tables. The effective date of this chapter, referred to in pars. (7) and (8), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title. The effective date of the U.S. Customs and Border Protection Authorization Act, referred to in pars. (7) and (8), is the effective date of title VIII of Pub. L. 114–125, which is Feb. 24, 2016. AMENDMENTS 2016—Pars. (7), (8). Pub. L. 114–125 inserted ‘‘, and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Customs and Border Pro- tection Authorization Act’’ before the colon. § 216. Protection against potential synthetic opioid exposure (a) In general The Commissioner of U.S. Customs and Border Protection shall issue a policy that specifies ef- fective protocols and procedures for the safe handling of potential synthetic opioids, includ- ing fentanyl, by U.S. Customs and Border Pro- tection officers, agents, other personnel, and ca- nines, and to reduce the risk of injury or death resulting from accidental exposure and enhance post-exposure management. (b) Training (1) In general Together with the issuance of the policy de- scribed in subsection (a), the Commissioner of U.S. Customs and Border Protection shall re- quire mandatory and recurrent training on the following: (A) The potential risk of opioid exposure and safe handling procedures for potential synthetic opioids, including precautionary measures such as the use of personal protec- tive equipment during such handling. (B) How to access and administer opioid receptor antagonists, including naloxone, post-exposure to potential synthetic opioids. (C) How to use containment devices to pre- vent potential synthetic opioid exposure. (2) Integration The training described in paragraph (1) may be integrated into existing training under sec- tion 211(l) of this title for U.S. Customs and Border Protection officers, agents, and other personnel. (c) Personal protective equipment, containment devices, and opioid receptor antagonists Together with the issuance of the policy de- scribed in subsection (a), the Commissioner of U.S. Customs and Border Protection shall en- sure the availability of personal protective equipment, opioid receptor antagonists, includ- ing naloxone, and containment devices, to all U.S. Customs and Border Protection officers, agents, other personnel, and canines at risk of accidental exposure to synthetic opioids. (d) Oversight To ensure effectiveness of the policy described in subsection (a)— (1) the Commissioner of U.S. Customs and Border Protection shall regularly monitor the efficacy of the implementation of such policy and adjust protocols and procedures, as nec- essary; and (2) the Inspector General of the Department shall audit compliance with the requirements of this section not less than once during the 3- year period after December 27, 2020. Page 114 TITLE 6—DOMESTIC SECURITY § 217 (Pub. L. 107–296, title IV, § 416, as added Pub. L. 116–260, div. U, title III, § 302(a), Dec. 27, 2020, 134 Stat. 2291; amended Pub. L. 117–263, div. G, title LXXI, § 7135(a), (b), Dec. 23, 2022, 136 Stat. 3650.) Editorial Notes PRIOR PROVISIONS A prior section 216 of this title, Pub. L. 107–296, title IV, § 416, Nov. 25, 2002, 116 Stat. 2181, related to GAO re- port to Congress, prior to repeal by Pub. L. 114–125, title VIII, § 802(f), Feb. 24, 2016, 130 Stat. 210. AMENDMENTS 2022—Subsec. (b)(1)(C). Pub. L. 117–263, § 7135(a), added subpar. (C). Subsec. (c). Pub. L. 117–263, § 7135(b), inserted ‘‘, containment devices,’’ after ‘‘equipment’’ in heading and substituted ‘‘, opioid receptor antagonists, includ- ing naloxone, and containment devices’’ for ‘‘and opioid receptor antagonists, including naloxone’’ in text. Statutory Notes and Related Subsidiaries APPLICABILITY TO OTHER COMPONENTS Pub. L. 117–263, div. G, title LXXI, § 7135(c), Dec. 23, 2022, 136 Stat. 3650, provided that: ‘‘If the Secretary of Homeland Secretary determines that officers, agents, other personnel, or canines of a component of the De- partment of Homeland Security other than U.S. Cus- toms and Border Protection are at risk of potential synthetic opioid exposure in the course of their duties, the head of such component shall carry out the respon- sibilities under section 416 of the Homeland Security Act of 2002 (6 U.S.C. 216) in the same manner and to the same degree as the Commissioner of U.S. Customs and Border Protection carries out such responsibilities.’’ § 217. Allocation of resources by the Secretary (a) In general The Secretary shall ensure that adequate staffing is provided to assure that levels of cus- toms revenue services provided on the day be- fore the effective date of this chapter shall con- tinue to be provided. (b) Notification of Congress The Secretary shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at least 90 days prior to taking any action which would— (1) result in any significant reduction in cus- toms revenue services, including hours of op- eration, provided at any office within the De- partment or any port of entry; (2) eliminate or relocate any office of the De- partment which provides customs revenue services; or (3) eliminate any port of entry. (c) Definition In this section, the term ‘‘customs revenue services’’ means those customs revenue func- tions described in paragraphs (1) through (6) and paragraph (8) of section 215 of this title. (Pub. L. 107–296, title IV, § 417, Nov. 25, 2002, 116 Stat. 2181.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (a), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title. § 218. Asia-Pacific Economic Cooperation Busi- ness Travel Cards (a) In general The Commissioner of U.S. Customs and Border Protection is authorized to issue an Asia-Pacific Economic Cooperation Business Travel Card (re- ferred to in this section as an ‘‘ABT Card’’) to any individual described in subsection (b). (b) Card issuance An individual described in this subsection is an individual who— (1) is a citizen of the United States; (2) has been approved and is in good standing in an existing international trusted traveler program of the Department; and (3) is— (A) engaged in business in the Asia-Pacific region, as determined by the Commissioner of U.S. Customs and Border Protection; or (B) a United States Government official actively engaged in Asia-Pacific Economic Cooperation business, as determined by the Commissioner of U.S. Customs and Border Protection. (c) Integration with existing travel programs The Commissioner of U.S. Customs and Border Protection shall integrate application proce- dures for, and issuance, renewal, and revocation of, ABT Cards with existing international trust- ed traveler programs of the Department. (d) Cooperation with private entities and non- governmental organizations In carrying out this section, the Commissioner of U.S. Customs and Border Protection may con- sult with appropriate private sector entities and nongovernmental organizations, including aca- demic institutions. (e) Fee (1) In general The Commissioner of U.S. Customs and Bor- der Protection shall— (A) prescribe and collect a fee for the issuance and renewal of ABT Cards; and (B) adjust such fee to the extent the Com- missioner determines necessary to comply with paragraph (2). (2) Limitation The Commissioner of U.S. Customs and Bor- der Protection shall ensure that the total amount of the fees collected under paragraph (1) during any fiscal year is sufficient to offset the direct and indirect costs associated with carrying out this section during such fiscal year, including the costs associated with oper- ating and maintaining the ABT Card issuance and renewal processes. (3) Account for collections There is established in the Treasury of the United States an ‘‘Asia-Pacific Economic Co- operation Business Travel Card Account’’ into which the fees collected under paragraph (1) shall be deposited as offsetting receipts.