II 112th CONGRESS 1st Session S. 860 IN THE SENATE OF THE UNITED STATES April 14, 2011 Mr. Levin (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure that methodologies and technologies used by the Bureau of Customs and Border Protection to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by the Bureau to screen for those materials in other items of commerce entering the United States through commercial motor vehicle transport.

1.

Screening of municipal solid waste

(a)

Definitions

In this section: (1)

Bureau

The term Bureau means the Bureau of Customs and Border Protection. (2)

Commercial motor vehicle

The term commercial motor vehicle has the meaning given the term in section 31101 of title 49, United States Code. (3)

Commissioner

The term Commissioner means the Commissioner of the Bureau. (4)

Municipal solid waste

The term municipal solid waste includes sludge (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)). (b)

Reports to Congress

Not later than 90 days after the date of enactment of this Act, the Commissioner shall submit to Congress a report that— (1)indicates whether the methodologies and technologies used by the Bureau to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by the Bureau to screen for those materials in other items of commerce entering the United States through commercial motor vehicle transport; and (2)if the report indicates that the methodologies and technologies used to screen municipal solid waste are less effective than those used to screen other items of commerce, identifies the actions that the Bureau will take to achieve the same level of effectiveness in the screening of municipal solid waste, including actions necessary to meet the need for additional screening technologies. (c)

Impact on Commercial Motor Vehicles

If the Commissioner fails to fully implement an action identified under subsection (b)(2) before the earlier of the date that is 180 days after the date on which the report under subsection (b) is required to be submitted or the date that is 180 days after the date on which the report is submitted, the Secretary shall deny entry into the United States of any commercial motor vehicle carrying municipal solid waste until the Secretary certifies to Congress that the methodologies and technologies used by the Bureau to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by the Bureau to screen for those materials in other items of commerce entering into the United States through commercial motor vehicle transport.