IIA

105TH CONGRESS

2D SESSION H. R. 8

IN THE SENATE OF THE UNITED STATES

JULY 21, 1998

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

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.

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

2 This Act may be cited as the ‘‘Border Smog Reduc3 tion Act of 1998’’.

4 SEC. 2. AMENDMENT OF CLEAN AIR ACT.

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

6 is amended by adding the following new subsection at the

7 end:

8 ‘‘(h) VEHICLES ENTERING OZONE NONATTAINMENT

9 AREAS.—

10 ‘‘(1) AUTHORITY REGARDING OZONE INSPEC11 TION AND MAINTENANCE TESTING.—No non12 commercial motor vehicle registered in a foreign

13 country and operated by a United States citizen or

14 by an alien who is a permanent resident of the

15 United States, or who holds a valid visa for purposes

16 of employment or educational study in the United

17 States, may enter a serious, severe, or extreme ozone

18 nonattainment area from a foreign country border19 ing the United States and contiguous to such non20 attainment area more than twice in a single 12-

21 month period, if State law has requirements for the

22 inspection and maintenance of such vehicles under

23 the applicable implementation plan in the nonattain24 ment area. The preceding sentence shall not apply if

25 the operator presents documentation at the United

26 States border entry point establishing that the vehi-
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1 cle has complied with such requirements that are in

2 effect and are applicable to motor vehicles of the

3 same type and model year.

4 ‘‘(2) SANCTIONS FOR VIOLATIONS.—The Presi5 dent of the United States may impose and collect

6 from the operator of any motor vehicle who violates,

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

8 of not more than $200, except that in any case of

9 repeated violations or attempted violations such pen10 alty may not exceed $400.

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

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

13 which elects to be exempt from the prohibition. Such

14 election shall take effect upon the President’s receipt

15 of written notice from the Governor of the State no16 tifying the President of such election.

17 ‘‘(4) STATE ELECTION FOR OTHER NONATTAIN18 MENT AREAS.—

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

20 that is contiguous with a foreign country and

21 that contains an ozone nonattainment area

22 (other than an ozone nonattainment area to

23 which paragraph (1) applies), such State may

24 elect for the prohibition described in such para25 graph to apply in the State, or may elect to es-
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1 tablish in accordance with subparagraph (B) an

2 alternative approach to facilitate the compli3 ance, by motor vehicles registered in foreign

4 countries and entering such nonattainment

5 area, with the motor vehicle inspection and

6 maintenance requirements in effect under the

7 applicable implementation plan in the non8 attainment area and applicable to motor vehi9 cles of the same type and model year.

10 ‘‘(B) ALTERNATIVE APPROACH.—An alter11 native approach by a State under subparagraph

12 (A) is established in accordance with this sub13 paragraph if the Governor of the State submits

14 to the President a written description of such

15 approach and the President approves the ap16 proach as facilitating compliance for purposes

17 of such subparagraph.

18 ‘‘(C) EFFECTIVE DATE REGARDING STATE

19 ELECTION.—If a State makes an election under

20 subparagraph (A) for an alternative approach,

21 the alternative approach takes effect in the

22 State one year after the date on which the

23 President approves the approach. If the State

24 makes the other election under such subpara25 graph, the prohibition described in paragraph
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1 (1) takes effect in the State 180 days after the

2 President’s receipt of written notice from the

3 Governor of the State notifying the President of

4 such election.

5 ‘‘(5) ALTERNATIVE APPROACH REGARDING SE6 RIOUS, SEVERE, AND EXTREME AREAS.—In the case

7 of a State containing an ozone nonattainment area

8 to which paragraph (1) applies, paragraph (4) ap9 plies to the State to the same extent and in the

10 same manner as such paragraph applies to States

11 described in such paragraph, subject to paragraph

12 (3).

13 ‘‘(6) DEFINITION.—For purposes of this sec14 tion, a serious, severe, or extreme ozone nonattain15 ment area is a Serious Area, a Severe Area, or an

16 Extreme Area as classified under section 181, re17 spectively, other than any such area first classified

18 under such section after the date of the enactment

19 of the Border Smog Reduction Act of 1998.’’.

20 SEC. 3. GENERAL PROVISIONS.

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

22 2 takes effect 180 days after the date of the enactment

23 of this Act. Nothing in such amendment shall be construed

24 to require action that is inconsistent with the obligations

25 of the United States under any international agreement.
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1 (b) INFORMATION.—As promptly as practicable fol2 lowing the enactment of this Act, the appropriate agency

3 of the United States shall distribute information to pub4 licize the prohibition set forth in the amendment made by

5 section 2 and its effective date.

6 SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.

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

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

9 amendment made by this Act, as described in subsection

10 (b).

11 (b) CONTENTS OF STUDY.—The study under sub12 section (a) shall compare the potential impact of the

13 amendment made by this Act on air quality in ozone non14 attainment areas affected by such amendment with the

15 impact on air quality in the same areas caused by the in16 crease in vehicles engaged in commerce operating in the

17 United States and registered in, or operated from, Mexico,

18 as a result of the implementation of the North American

19 Free Trade Agreement.

20 (c) REPORT.—Not later than July 1, 1999, the

21 Comptroller General of the United States shall submit to

22 the Committee on Commerce of the House of Representa23 tives, and the Committee on Environment and Public
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1 Works of the Senate, a report describing the findings of

2 the study under subsection (a).

Passed the House of Representatives July 20, 1998.

Attest: ROBIN H. CARLE,

Clerk.