In the Senate of the United States,

October 5 (legislative day, October 2), 1998.

Resolved, That the bill from the House of Representatives (H.R. 8) entitled ‘‘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.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

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

3 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 at the end the following:

7 ‘‘(h) VEHICLES ENTERING OZONE NONATTAINMENT

8 AREAS.—
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1 ‘‘(1) AUTHORITY REGARDING OZONE INSPECTION

2 AND MAINTENANCE TESTING.—

3 ‘‘(A) IN GENERAL.—No noncommercial

4 motor vehicle registered in a foreign country and

5 operated by a United States citizen or by an

6 alien who is a permanent resident of the United

7 States, or who holds a visa for the purposes of

8 employment or educational study in the United

9 States, may enter a covered ozone nonattainment

10 area from a foreign country bordering the

11 United States and contiguous to the nonattain12 ment area more than twice in a single calendar13 month period, if State law has requirements for

14 the inspection and maintenance of such vehicles

15 under the applicable implementation plan in the

16 nonattainment area.

17 ‘‘(B) APPLICABILITY.—Subparagraph (A)

18 shall not apply if the operator presents docu19 mentation at the United States border entry

20 point establishing that the vehicle has complied

21 with such inspection and maintenance require22 ments as are in effect and are applicable to

23 motor vehicles of the same type and model year.

24 ‘‘(2) SANCTIONS FOR VIOLATIONS.—The Presi25 dent may impose and collect from the operator of any
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1 motor vehicle who violates, or attempts to violate,

2 paragraph (1) a civil penalty of not more than $200

3 for the second violation or attempted violation and

4 $400 for the third and each subsequent violation or

5 attempted violation.

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

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

8 that elects to be exempt from the prohibition. Such an

9 election shall take effect upon the President’s receipt

10 of written notice from the Governor of the State noti11 fying the President of such election.

12 ‘‘(4) ALTERNATIVE APPROACH.—The prohibition

13 set forth in paragraph (1) shall not apply in a State,

14 and the President may implement an alternative ap15 proach, if—

16 ‘‘(A) the Governor of the State submits to

17 the President a written description of an alter18 native approach to facilitate the compliance, by

19 some or all foreign-registered motor vehicles, with

20 the motor vehicle inspection and maintenance re21 quirements that are—

22 ‘‘(i) related to emissions of air pollut23 ants;
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1 ‘‘(ii) in effect under the applicable im2 plementation plan in the covered ozone non3 attainment area; and

4 ‘‘(iii) applicable to motor vehicles of

5 the same types and model years as the for6 eign-registered motor vehicles; and

7 ‘‘(B) the President approves the alternative

8 approach as facilitating compliance with the

9 motor vehicle inspection and maintenance re10 quirements referred to in subparagraph (A).

11 ‘‘(5) DEFINITION OF COVERED OZONE NON12 ATTAINMENT AREA.—In this section, the term ‘covered

13 ozone nonattainment area’ means a Serious Area, as

14 classified under section 181 as of the date of enact15 ment of this subsection.’’.

16 SEC. 3. GENERAL PROVISIONS.

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

18 2 takes effect 180 days after the date of enactment of this

19 Act. Nothing in that amendment shall require action that

20 is inconsistent with the obligations of the United States

21 under any international agreement.

22 (b) INFORMATION.—As soon as practicable after the

23 date of enactment of this Act, the appropriate agency of

24 the United States shall distribute information to publicize
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1 the prohibition set forth in the amendment made by section

2 2.

3 SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.

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

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

6 amendment made by section 2.

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

8 (a) shall compare—

9 (1) the potential impact of the amendment made

10 by section 2 on air quality in ozone nonattainment

11 areas affected by the amendment; with

12 (2) the impact on air quality in those areas

13 caused by the increase in the number of vehicles en14 gaged in commerce operating in the United States

15 and registered in, or operated from, Mexico, as a re16 sult of the implementation of the North American

17 Free Trade Agreement.

18 (c) REPORT.—Not later than July 1, 1999, the Comp19 troller General of the United States shall submit to the Com20 mittee on Commerce of the House of Representatives and

21 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).

Attest:

Secretary.
105TH CONGRESS

2D SESSION H. R. 8

AMENDMENT