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Union Calendar No. 355

105TH CONGRESS

2D SESSION H. R. 8

[Report No. 105–634]

To amend the Clean Air Act to deny entry into the United States of certain

foreign motor vehicles that do not comply with State laws governing

motor vehicle emissions, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 7, 1997

Mr. BILBRAY (for himself, Mr. BARTON of Texas, Mr. FILNER, Mr. HUNTER,

Mr. CUNNINGHAM, Mr. CALVERT, Mr. BONO, and Mr. CONDIT) introduced the following bill; which was referred to the Committee on Commerce

JULY 20, 1998

Additional sponsors: Mr. RADANOVICH, Mr. DREIER, Mr. ROHRABACHER, Mr.

COX of California, Mr. REYES, Mr. HERGER, Mr. DOOLITTLE, Mr.

ROYCE, Mr. LEWIS of California, Mr. MCKEON, and Mr. PACKARD

JULY 20, 1998

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on January 7, 1997]

A BILL

To amend the Clean Air Act to deny entry into the United

States of certain foreign motor vehicles that do not com-
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ply with State laws governing motor vehicle emissions,

and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Border Smog Reduction

5 Act of 1998’’.

6 SEC. 2. AMENDMENT OF CLEAN AIR ACT.

7 Section 183 of the Clean Air Act (42 U.S.C. 7511b)

8 is amended by adding the following new subsection at the

9 end:

10 ‘‘(h) VEHICLES ENTERING OZONE NONATTAINMENT

11 AREAS.—

12 ‘‘(1) AUTHORITY REGARDING OZONE INSPECTION

13 AND MAINTENANCE TESTING.—No noncommercial

14 motor vehicle registered in a foreign country and op15 erated by a United States citizen or by an alien who

16 is a permanent resident of the United States, or who

17 holds a valid visa for purposes of employment or edu18 cational study in the United States, may enter a seri19 ous, severe, or extreme ozone nonattainment area from

20 a foreign country bordering the United States and

21 contiguous to such nonattainment area more than

22 twice in a single 12-month period, if State law has

23 requirements for the inspection and maintenance of

24 such vehicles under the applicable implementation
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1 plan in the nonattainment area. The preceding sen2 tence shall not apply if the operator presents docu3 mentation at the United States border entry point es4 tablishing that the vehicle has complied with such re5 quirements that are in effect and are applicable to

6 motor vehicles of the same type and model year.

7 ‘‘(2) SANCTIONS FOR VIOLATIONS.—The Presi8 dent of the United States may impose and collect

9 from the operator of any motor vehicle who violates,

10 or attempts to violate, paragraph (1) a civil penalty

11 of not more than $200, except that in any case of re12 peated violations or attempted violations such penalty

13 may not exceed $400.

14 ‘‘(3) STATE ELECTION.—The prohibition set

15 forth in paragraph (1) shall not apply in any State

16 which elects to be exempt from the prohibition. Such

17 election shall take effect upon the President’s receipt

18 of written notice from the Governor of the State noti19 fying the President of such election.

20 ‘‘(4) STATE ELECTION FOR OTHER NONATTAIN21 MENT AREAS.—

22 ‘‘(A) IN GENERAL.—In the case of a State

23 that is contiguous with a foreign country and

24 that contains an ozone nonattainment area

25 (other than an ozone nonattainment area to
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1 which paragraph (1) applies), such State may

2 elect for the prohibition described in such para3 graph to apply in the State, or may elect to es4 tablish in accordance with subparagraph (B) an

5 alternative approach to facilitate the compliance,

6 by motor vehicles registered in foreign countries

7 and entering such nonattainment area, with the

8 motor vehicle inspection and maintenance re9 quirements in effect under the applicable imple10 mentation plan in the nonattainment area and

11 applicable to motor vehicles of the same type and

12 model year.

13 ‘‘(B) ALTERNATIVE APPROACH.—An alter14 native approach by a State under subparagraph

15 (A) is established in accordance with this sub16 paragraph if the Governor of the State submits

17 to the President a written description of such ap18 proach and the President approves the approach

19 as facilitating compliance for purposes of such

20 subparagraph.

21 ‘‘(C) EFFECTIVE DATE REGARDING STATE

22 ELECTION.—If a State makes an election under

23 subparagraph (A) for an alternative approach,

24 the alternative approach takes effect in the State

25 one year after the date on which the President
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1 approves the approach. If the State makes the

2 other election under such subparagraph, the pro3 hibition described in paragraph (1) takes effect

4 in the State 180 days after the President’s re5 ceipt of written notice from the Governor of the

6 State notifying the President of such election.

7 ‘‘(5) ALTERNATIVE APPROACH REGARDING SERI8 OUS, SEVERE, AND EXTREME AREAS.—In the case of

9 a State containing an ozone nonattainment area to

10 which paragraph (1) applies, paragraph (4) applies

11 to the State to the same extent and in the same man12 ner as such paragraph applies to States described in

13 such paragraph, subject to paragraph (3).

14 ‘‘(6) DEFINITION.—For purposes of this section,

15 a serious, severe, or extreme ozone nonattainment

16 area is a Serious Area, a Severe Area, or an Extreme

17 Area as classified under section 181, respectively,

18 other than any such area first classified under such

19 section after the date of the enactment of the Border

20 Smog Reduction Act of 1998.’’.

21 SEC. 3. GENERAL PROVISIONS.

22 (a) IN GENERAL.—The amendment made by section

23 2 takes effect 180 days after the date of the enactment of

24 this Act. Nothing in such amendment shall be construed to
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1 require action that is inconsistent with the obligations of

2 the United States under any international agreement.

3 (b) INFORMATION.—As promptly as practicable follow4 ing the enactment of this Act, the appropriate agency of

5 the United States shall distribute information to publicize

6 the prohibition set forth in the amendment made by section

7 2 and its effective date.

8 SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.

9 (a) IN GENERAL.—The Comptroller General of the

10 United States shall conduct a study of the impact of the

11 amendment made by this Act, as described in subsection

12 (b).

13 (b) CONTENTS OF STUDY.—The study under subsection

14 (a) shall compare the potential impact of the amendment

15 made by this Act on air quality in ozone nonattainment

16 areas affected by such amendment with the impact on air

17 quality in the same areas caused by the increase in vehicles

18 engaged in commerce operating in the United States and

19 registered in, or operated from, Mexico, as a result of the

20 implementation of the North American Free Trade Agree21 ment.

22 (c) REPORT.—Not later than July 1, 1999, the Comp23 troller General of the United States shall submit to the Com24 mittee on Commerce of the House of Representatives, and

25 the Committee on Environment and Public Works of the
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1 Senate, a report describing the findings of the study under

2 subsection (a).
Union Calendar No. 355

105TH CONGRESS

2D SESSION H. R. 8

[Report No. 105–634]

A BILL

To amend the Clean Air Act to deny entry into the

motor vehicle emissions, and for other purposes.that do not comply with State laws governingUnited States of certain foreign motor vehicles

JULY 20, 1998

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and