Border Smog Reduction Act of 1998

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Smog Reduction Act of 1998''.

SEC. 2. AMENDMENT OF CLEAN AIR ACT.

    Section 183 of the Clean Air Act (42 U.S.C. 7511b) is amended by 
adding at the end the following:
    ``(h) Vehicles Entering Ozone Nonattainment Areas.--
        ``(1) Authority regarding ozone inspection and maintenance 
    testing.--
            ``(A) In general.--No noncommercial motor vehicle 
        registered in a foreign country and operated by a United States 
        citizen or by an alien who is a permanent resident of the 
        United States, or who holds a visa for the purposes of 
        employment or educational study in the United States, may enter 
        a covered ozone nonattainment area from a foreign country 
        bordering the United States and contiguous to the nonattainment 
        area more than twice in a single calendar-month period, if 
        State law has requirements for the inspection and maintenance 
        of such vehicles under the applicable implementation plan in 
        the nonattainment area.
            ``(B) Applicability.--Subparagraph (A) shall not apply if 
        the operator presents documentation at the United States border 
        entry point establishing that the vehicle has complied with 
        such inspection and maintenance requirements as are in effect 
        and are applicable to motor vehicles of the same type and model 
        year.
        ``(2) Sanctions for violations.--The President may impose and 
    collect from the operator of any motor vehicle who violates, or 
    attempts to violate, paragraph (1) a civil penalty of not more than 
    $200 for the second violation or attempted violation and $400 for 
    the third and each subsequent violation or attempted violation.
        ``(3) State election.--The prohibition set forth in paragraph 
    (1) shall not apply in any State that elects to be exempt from the 
    prohibition. Such an election shall take effect upon the 
    President's receipt of written notice from the Governor of the 
    State notifying the President of such election.
        ``(4) Alternative approach.--The prohibition set forth in 
    paragraph (1) shall not apply in a State, and the President may 
    implement an alternative approach, if--
            ``(A) the Governor of the State submits to the President a 
        written description of an alternative approach to facilitate 
        the compliance, by some or all foreign-registered motor 
        vehicles, with the motor vehicle inspection and maintenance 
        requirements that are--
                ``(i) related to emissions of air pollutants;
                ``(ii) in effect under the applicable implementation 
            plan in the covered ozone nonattainment area; and
                ``(iii) applicable to motor vehicles of the same types 
            and model years as the foreign-registered motor vehicles; 
            and
            ``(B) the President approves the alternative approach as 
        facilitating compliance with the motor vehicle inspection and 
        maintenance requirements referred to in subparagraph (A).
        ``(5) Definition of covered ozone nonattainment area.--In this 
    section, the term `covered ozone nonattainment area' means a 
    Serious Area, as classified under section 181 as of the date of the 
    enactment of this subsection.''.

SEC. 3. GENERAL PROVISIONS.

    (a) In General.--The amendment made by section 2 takes effect 180 
days after the date of the enactment of this Act. Nothing in that 
amendment shall require action that is inconsistent with the 
obligations of the United States under any international agreement.
    (b) Information.--As soon as practicable after the date of the 
enactment of this Act, the appropriate agency of the United States 
shall distribute information to publicize the prohibition set forth in 
the amendment made by section 2.

SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of the impact of the amendment made by section 2.
    (b) Contents of Study.--The study under subsection (a) shall 
compare--
        (1) the potential impact of the amendment made by section 2 on 
    air quality in ozone nonattainment areas affected by the amendment; 
    with
        (2) the impact on air quality in those areas caused by the 
    increase in the number of vehicles engaged in commerce operating in 
    the United States and registered in, or operated from, Mexico, as a 
    result of the implementation of the North American Free Trade 
    Agreement.
    (c) Report.--Not later than July 1, 1999, the Comptroller General 
of the United States shall submit to the Committee on Commerce of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report describing the findings of the study under 
subsection (a).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Summary: Border Smog Reduction Act of 1998 - Amends the Clean Air Act to prohibit noncommercial motor vehicles registered in a foreign country and operated by US citizens, aliens who are permanent residents, or holders of employment or educational visas from entering a Serious ozone nonattainment area from a foreign country bordering the United States and contiguous to such area more than twice in a single calendar-month period if State law has requirements for the inspection and maintenance of such vehicles in such an area. Makes such prohibition inapplicable to operators who present documentation at the border entry point establishing the vehicle's compliance with such requirements. Authorizes civil penalties to be imposed for violation of such prohibition. Makes such prohibition inapplicable in States which elect to be exempt. Makes such prohibition inapplicable in a State and authorizes the President to implement an alternative approach if: (1) a State Governor submits a description of an alternative approach to facilitate compliance by foreign-registered vehicles with inspection and maintenance requirements that are related to air pollutant emissions, that are in effect under the implementation plan in the area, and that apply to vehicles of the same types and model years as the foreign-registered vehicles. And (2) the President approves such approach. Requires the Comptroller General to study and report to specified congressional committees on a comparison of the potential impact of this Act on air quality in ozone nonattainment areas with the impact in those areas of the increase in vehicles engaged in commerce operating in the United States and registered in, or operated from, Mexico, as a result of the implementation of the North American Free Trade Agreement.