II

Calendar 664

105TH CONGRESS

2D SESSION H. R. 8

[Report No. 105–355]

IN THE SENATE OF THE UNITED STATES

JULY 21, 1998

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

Public Works

SEPTEMBER 28, 1998

Reported by Mr. CHAFEE, without amendment

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Border Smog Reduc5 tion Act of 1998’’.
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1 SEC. 2. AMENDMENT OF CLEAN AIR ACT.

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

3 is amended by adding the following new subsection at the

4 end:

5 ‘‘(h) VEHICLES ENTERING OZONE NONATTAINMENT

6 AREAS.—

7 ‘‘(1) AUTHORITY REGARDING OZONE INSPEC8 TION AND MAINTENANCE TESTING.—No non9 commercial motor vehicle registered in a foreign

10 country and operated by a United States citizen or

11 by an alien who is a permanent resident of the

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

13 of employment or educational study in the United

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

15 nonattainment area from a foreign country border16 ing the United States and contiguous to such non17 attainment area more than twice in a single 12-

18 month period, if State law has requirements for the

19 inspection and maintenance of such vehicles under

20 the applicable implementation plan in the nonattain21 ment area. The preceding sentence shall not apply if

22 the operator presents documentation at the United

23 States border entry point establishing that the vehi24 cle has complied with such requirements that are in

25 effect and are applicable to motor vehicles of the

26 same type and model year.
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1 ‘‘(2) SANCTIONS FOR VIOLATIONS.—The Presi2 dent of the United States may impose and collect

3 from the operator of any motor vehicle who violates,

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

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

6 repeated violations or attempted violations such pen7 alty may not exceed $400.

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

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

10 which elects to be exempt from the prohibition. Such

11 election shall take effect upon the President’s receipt

12 of written notice from the Governor of the State no13 tifying the President of such election.

14 ‘‘(4) STATE ELECTION FOR OTHER NONATTAIN15 MENT AREAS.—

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

17 that is contiguous with a foreign country and

18 that contains an ozone nonattainment area

19 (other than an ozone nonattainment area to

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

21 elect for the prohibition described in such para22 graph to apply in the State, or may elect to es23 tablish in accordance with subparagraph (B) an

24 alternative approach to facilitate the compli25 ance, by motor vehicles registered in foreign
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1 countries and entering such nonattainment

2 area, with the motor vehicle inspection and

3 maintenance requirements in effect under the

4 applicable implementation plan in the non5 attainment area and applicable to motor vehi6 cles of the same type and model year.

7 ‘‘(B) ALTERNATIVE APPROACH.—An alter8 native approach by a State under subparagraph

9 (A) is established in accordance with this sub10 paragraph if the Governor of the State submits

11 to the President a written description of such

12 approach and the President approves the ap13 proach as facilitating compliance for purposes

14 of such subparagraph.

15 ‘‘(C) EFFECTIVE DATE REGARDING STATE

16 ELECTION.—If a State makes an election under

17 subparagraph (A) for an alternative approach,

18 the alternative approach takes effect in the

19 State one year after the date on which the

20 President approves the approach. If the State

21 makes the other election under such subpara22 graph, the prohibition described in paragraph

23 (1) takes effect in the State 180 days after the

24 President’s receipt of written notice from the
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1 Governor of the State notifying the President of

2 such election.

3 ‘‘(5) ALTERNATIVE APPROACH REGARDING SE4 RIOUS, SEVERE, AND EXTREME AREAS.—In the case

5 of a State containing an ozone nonattainment area

6 to which paragraph (1) applies, paragraph (4) ap7 plies to the State to the same extent and in the

8 same manner as such paragraph applies to States

9 described in such paragraph, subject to paragraph

10 (3).

11 ‘‘(6) DEFINITION.—For purposes of this sec12 tion, a serious, severe, or extreme ozone nonattain13 ment area is a Serious Area, a Severe Area, or an

14 Extreme Area as classified under section 181, re15 spectively, other than any such area first classified

16 under such section after the date of the enactment

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

18 SEC. 3. GENERAL PROVISIONS.

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

20 2 takes effect 180 days after the date of the enactment

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

22 to require action that is inconsistent with the obligations

23 of the United States under any international agreement.

24 (b) INFORMATION.—As promptly as practicable fol25 lowing the enactment of this Act, the appropriate agency
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1 of the United States shall distribute information to pub2 licize the prohibition set forth in the amendment made by

3 section 2 and its effective date.

4 SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.

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

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

7 amendment made by this Act, as described in subsection

8 (b).

9 (b) CONTENTS OF STUDY.—The study under sub10 section (a) shall compare the potential impact of the

11 amendment made by this Act on air quality in ozone non12 attainment areas affected by such amendment with the

13 impact on air quality in the same areas caused by the in14 crease in vehicles engaged in commerce operating in the

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

16 as a result of the implementation of the North American

17 Free Trade Agreement.

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

19 Comptroller General of the United States shall submit to

20 the Committee on Commerce of the House of Representa21 tives, and the Committee on Environment and Public

22 Works of the Senate, a report describing the findings of

23 the study under subsection (a).

Passed the House of Representatives July 20, 1998.

Attest: ROBIN H. CARLE,

Clerk.

Calendar No. 664

105TH CONGRESS

2D SESSION H. R. 8

[Report No. 105–355]

An ACT

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

SEPTEMBER 28, 1998

Reported without amendment