§216 — Title 6 Domestic Security | U.S. Code

Summary

The Commissioner of U.S. Customs and Border Protection must create a policy that tells officers, agents, other staff, and working dogs how to safely handle suspected synthetic opioids like fentanyl. The policy must include required, repeated training on the risks and safe handling (including using protective gear), how to get and give opioid-reversing drugs such as naloxone, and how to use containment tools. That training can be added into existing training under section 211(l). The Commissioner must also make sure protective gear, naloxone, and containment devices are available to everyone and to canines at risk. The policy must be watched and updated as needed. The Department’s Inspector General must audit compliance at least once during the 3-year period after December 27, 2020.

Title 6, §216

Domestic Security — Source: USLM XML via OLRC

(a)The Commissioner of U.S. Customs and Border Protection shall issue a policy that specifies effective protocols and procedures for the safe handling of potential synthetic opioids, including fentanyl, by U.S. Customs and Border Protection officers, agents, other personnel, and canines, and to reduce the risk of injury or death resulting from accidental exposure and enhance post-exposure management.

(b)(1)Together with the issuance of the policy described in subsection (a), the Commissioner of U.S. Customs and Border Protection shall require 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 protective 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 prevent potential synthetic opioid exposure.

(2)The training described in paragraph (1) may be integrated into existing training under section 211(l) of this title for U.S. Customs and Border Protection officers, agents, and other personnel.

(c)Together with the issuance of the policy described in subsection (a), the Commissioner of U.S. Customs and Border Protection shall ensure the availability of personal protective equipment, opioid receptor antagonists, including 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)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 necessary; 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.

Notes & Related Subsidiaries

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 report 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, including 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 Department of Homeland Security other than U.S. Customs 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 responsibilities 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.”

§216 Protection against potential synthetic opioid exposure