[Congressional Record Volume 157, Number 55 (Thursday, April 14, 2011)]
[Senate]
[Pages S2533-S2534]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN (for himself and Ms. Stabenow):
  S. 860. 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; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. LEVIN. Mr. President, I have been fighting over the past several 
years to stop the thousands of trash shipments entering into Michigan 
from Canada. This year brought some welcome good news: Canada has 
stopped shipping its city trash to Michigan, eliminating about 1.5 
million tons of trash a year that had been dumped into Michigan 
landfills, and taking more than 40,000 trucks a year off Michigan 
roads. The end of these shipments fulfills a 2005 agreement that 
Senator Stabenow and I reached with Ontario officials to end all 
shipments of municipally managed trash to Michigan by the end of 2010.
  However, private trash shipments from Canada are still being brought 
into Michigan. Tons of waste from private companies, including from 
construction, industry, and commercial sources, are being imported into 
Michigan for disposal in our landfills. Most of these shipments enter 
at three border crossings in Michigan: Port Huron, Sault Ste Marie, and 
Detroit. The loads of municipal solid waste are more than just a 
nuisance. These trash trucks from Canada pose a threat to our 
environment, health, and security.
  This legislation Senator Stabenow and I are introducing today would 
require the Bureau of Customs and Border Protection of the Department 
of Homeland Security to report to Congress on the methodologies used by 
the Bureau to screen for the presence of chemical, nuclear, biological, 
and radiological weapons in municipal solid waste. The report would 
need to indicate whether the techniques used by the Bureau to screen 
for these dangerous materials in municipal solid waste are as effective 
as the methodologies used by the Bureau to screen for such materials in 
other items of commerce entering the United States. If the Bureau of 
Customs cannot demonstrate that screening of municipal waste shipments 
is adequate, then they have 6 months to implement the technologies to 
implement adequate screening procedures. If such measures are not 
implemented, then the Secretary of Homeland Security shall deny entry 
of any commercial motor vehicle carrying municipal solid waste from 
Canada until the Secretary certifies that the methods and technology 
used to inspect the trash trucks are as effective as the methods and 
technology used to inspect other vehicles.
  I believe this legislation will help to protect the people of this 
country, and I hope this Congress will act quickly on this legislation.
  Mr. President, I ask for unanimous consent that the text of the bill 
be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 860

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 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

[[Page S2534]]

     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.
                                 ______