I

105TH CONGRESS

1ST SESSION H. R. 8

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

A BILL

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 1997’’.
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1 SEC. 2. AMENDMENT OF CLEAN AIR ACT.

2 Title III of the Clean Air Act is amended by adding

3 the following new section after section 328:

4 ‘‘SEC. 329. FOREIGN MOTOR VEHICLES.

5 ‘‘(a) COOPERATION IN ENFORCEMENT OF STATE

6 AUTO EMISSION STANDARDS.—For the purpose of assist7 ing State and local government efforts to reduce air pollu8 tion from motor vehicles, all Federal departments and

9 agencies shall cooperate with, and assist, appropriate

10 State and local agencies in the enforcement of State laws,

11 concerning vehicle emissions and vehicle emission controls

12 and inspections, and State vehicle registration laws, for

13 noncommercial motor vehicles entering the United States.

14 ‘‘(b) AUTHORITY OF PRESIDENT REGARDING AUTO

15 EMISSION STANDARDS..—Except as provided in sub16 sections (d) and (e), the President shall deny entry into

17 the United States to any noncommercial motor vehicle

18 transporting from a foreign country bordering the United

19 States into any State in which there exists a nonattain20 ment area, any individual who is

21 ‘‘(1) a United States citizen, or

22 ‘‘(2) an alien who—

23 ‘‘(A) is a permanent resident of the United

24 States, or
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1 ‘‘(B) is entering that State for purposes of

2 employment or educational study or who holds

3 a valid visa for any such purpose.

4 ‘‘(c) FINE OR IMPOUNDMENT FOR REPEATED AT5 TEMPTS TO ENTER.—The President of the United States

6 shall impose on, and collect a fine of $200 from, the driver

7 of any motor vehicle who enters or attempts to enter the

8 United States more than twice in a single 12-month period

9 in violation of subsection (b). The President shall take

10 possession of such vehicle in any case in which such fine

11 is not paid at the time entry is attempted and shall retain

12 possession of such vehicle until such fine is paid or a court

13 determines that the motor vehicle was properly certified

14 as required under subsection (d).

15 ‘‘(d) EXCEPTION FOR CERTIFIED VEHICLES.—The

16 prohibition contained in subsection (b) and the penalties

17 contained in subsection (c) shall not apply to a licensed

18 motor vehicle that meets the motor vehicle emissions re19 quirements that are applicable under title II of this Act,

20 and under any applicable State implementation plan provi21 sions adopted under this Act, to motor vehicles of the

22 same make, type, and model year registered in that State,

23 or in another State in which the individual permanently

24 resides. For purposes of this section, a motor vehicle shall

25 be considered to meet such requirements only if the vehicle
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1 has been certified under State law as meeting such re2 quirements.

3 ‘‘(e) EXCEPTION FOR SINGLE ENTRY.—During any

4 12-month period, the driver of a motor vehicle may, with5 out the certification referred to in subsection (d), enter

6 the United States once for purposes of obtaining such cer7 tification.’’.

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