II 

112TH CONGRESS 

1ST SESSION S. 860 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 860 IS

1 SECTION 1. SCREENING OF MUNICIPAL SOLID WASTE. 

2 (a) DEFINITIONS.—In this section: 

3 (1) BUREAU.—The term ‘‘Bureau’’ means the 

4 Bureau of Customs and Border Protection. 

5 (2) COMMERCIAL MOTOR VEHICLE.—The term 

6 ‘‘commercial motor vehicle’’ has the meaning given 

7 the term in section 31101 of title 49, United States 

8 Code. 

9 (3) COMMISSIONER.—The term ‘‘Commis10 sioner’’ means the Commissioner of the Bureau. 

11 (4) MUNICIPAL SOLID WASTE.—The term ‘‘mu12 nicipal solid waste’’ includes sludge (as defined in 

13 section 1004 of the Solid Waste Disposal Act (42 

14 U.S.C. 6903)). 

15 (b) REPORTS TO CONGRESS.—Not later than 90 days 

16 after the date of enactment of this Act, the Commissioner 

17 shall submit to Congress a report that— 

18 (1) indicates whether the methodologies and 

19 technologies used by the Bureau to screen for and 

20 detect the presence of chemical, nuclear, biological, 

21 and radiological weapons in municipal solid waste 

22 are as effective as the methodologies and tech23 nologies used by the Bureau to screen for those ma24 terials in other items of commerce entering the 

25 United States through commercial motor vehicle 

26 transport; and 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•S 860 IS

1 (2) if the report indicates that the methodolo2 gies and technologies used to screen municipal solid 

3 waste are less effective than those used to screen 

4 other items of commerce, identifies the actions that 

5 the Bureau will take to achieve the same level of ef6 fectiveness in the screening of municipal solid waste, 

7 including actions necessary to meet the need for ad8 ditional screening technologies. 

9 (c) IMPACT ON COMMERCIAL MOTOR VEHICLES.—If 

10 the Commissioner fails to fully implement an action identi11 fied under subsection (b)(2) before the earlier of the date 

12 that is 180 days after the date on which the report under 

13 subsection (b) is required to be submitted or the date that 

14 is 180 days after the date on which the report is sub15 mitted, the Secretary shall deny entry into the United 

16 States of any commercial motor vehicle carrying municipal 

17 solid waste until the Secretary certifies to Congress that 

18 the methodologies and technologies used by the Bureau 

19 to screen for and detect the presence of chemical, nuclear, 

20 biological, and radiological weapons in municipal solid 

21 waste are as effective as the methodologies and tech22 nologies used by the Bureau to screen for those materials 

23 in other items of commerce entering into the United 

24 States through commercial motor vehicle transport. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS