`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8 Referred in Senate (RFS)]







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.

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

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 the following new subsection at the end:
    ``(h) Vehicles Entering Ozone Nonattainment Areas.--
            ``(1) Authority regarding ozone inspection and maintenance 
        testing.--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 valid visa for purposes of employment or 
        educational study in the United States, may enter a serious, 
        severe, or extreme ozone nonattainment area from a foreign 
        country bordering the United States and contiguous to such 
        nonattainment area more than twice in a single 12-month period, 
        if State law has requirements for the inspection and 
        maintenance of such vehicles under the applicable 
        implementation plan in the nonattainment area. The preceding 
        sentence shall not apply if the operator presents documentation 
        at the United States border entry point establishing that the 
        vehicle has complied with such requirements that are in effect 
        and are applicable to motor vehicles of the same type and model 
        year.
            ``(2) Sanctions for violations.--The President of the 
        United States 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, except that in any 
        case of repeated violations or attempted violations such 
        penalty may not exceed $400.
            ``(3) State election.--The prohibition set forth in 
        paragraph (1) shall not apply in any State which elects to be 
        exempt from the prohibition. Such 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) State election for other nonattainment areas.--
                    ``(A) In general.--In the case of a State that is 
                contiguous with a foreign country and that contains an 
                ozone nonattainment area (other than an ozone 
                nonattainment area to which paragraph (1) applies), 
                such State may elect for the prohibition described in 
                such paragraph to apply in the State, or may elect to 
                establish in accordance with subparagraph (B) an 
                alternative approach to facilitate the compliance, by 
                motor vehicles registered in foreign countries and 
                entering such nonattainment area, with the motor 
                vehicle inspection and maintenance requirements in 
                effect under the applicable implementation plan in the 
                nonattainment area and applicable to motor vehicles of 
                the same type and model year.
                    ``(B) Alternative approach.--An alternative 
                approach by a State under subparagraph (A) is 
                established in accordance with this subparagraph if the 
                Governor of the State submits to the President a 
                written description of such approach and the President 
                approves the approach as facilitating compliance for 
                purposes of such subparagraph.
                    ``(C) Effective date regarding state election.--If 
                a State makes an election under subparagraph (A) for an 
                alternative approach, the alternative approach takes 
                effect in the State one year after the date on which 
                the President approves the approach. If the State makes 
                the other election under such subparagraph, the 
                prohibition described in paragraph (1) takes effect in 
                the State 180 days after the President's receipt of 
                written notice from the Governor of the State notifying 
                the President of such election.
            ``(5) Alternative approach regarding serious, severe, and 
        extreme areas.--In the case of a State containing an ozone 
        nonattainment area to which paragraph (1) applies, paragraph 
        (4) applies to the State to the same extent and in the same 
        manner as such paragraph applies to States described in such 
        paragraph, subject to paragraph (3).
            ``(6) Definition.--For purposes of this section, a serious, 
        severe, or extreme ozone nonattainment area is a Serious Area, 
        a Severe Area, or an Extreme Area as classified under section 
        181, respectively, other than any such area first classified 
        under such section after the date of the enactment of the 
        Border Smog Reduction Act of 1998.''.

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 such 
amendment shall be construed to require action that is inconsistent 
with the obligations of the United States under any international 
agreement.
    (b) Information.--As promptly as practicable following 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 and its effective date.

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 this Act, as 
described in subsection (b).
    (b) Contents of Study.--The study under subsection (a) shall 
compare the potential impact of the amendment made by this Act on air 
quality in ozone nonattainment areas affected by such amendment with 
the impact on air quality in the same areas caused by 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.
    (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).

            Passed the House of Representatives July 20, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.`