H. R. 8
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
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 at the end the following:
‘‘(h) VEHICLES ENTERING OZONE NONATTAINMENT AREAS.—
‘‘(1) 
AUTHORITY
REGARDING
OZONE
INSPECTION
AND
MAINTENANCE TESTING.—
‘‘(A) IN
GENERAL.—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 visa for the purposes
of employment or educational study in the United States,
may enter a covered ozone nonattainment area from a
foreign country bordering the United States and contiguous
to the nonattainment area more than twice in a single
calendar-month period, if State law has requirements for
the inspection and maintenance of such vehicles under
the applicable implementation plan in the nonattainment
area.
‘‘(B) APPLICABILITY.—Subparagraph (A) shall not apply
if the operator presents documentation at the United States
border entry point establishing that the vehicle has com-
plied with such inspection and maintenance requirements
as are in effect and are applicable to motor vehicles of
the same type and model year.
‘‘(2) SANCTIONS
FOR
VIOLATIONS.—The President may
impose and collect from the operator of any motor vehicle
who violates, or attempts to violate, paragraph (1) a civil pen-
alty of not more than $200 for the second violation or attempted
violation and $400 for the third and each subsequent violation
or attempted violation.
‘‘(3) STATE ELECTION.—The prohibition set forth in para-
graph (1) shall not apply in any State that elects to be exempt
from the prohibition. Such an election shall take effect upon
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the President’s receipt of written notice from the Governor
of the State notifying the President of such election.
‘‘(4) ALTERNATIVE APPROACH.—The prohibition set forth in
paragraph (1) shall not apply in a State, and the President
may implement an alternative approach, if—
‘‘(A) the Governor of the State submits to the President
a written description of an alternative approach to facilitate
the compliance, by some or all foreign-registered motor
vehicles, with the motor vehicle inspection and mainte-
nance requirements that are—
‘‘(i) related to emissions of air pollutants;
‘‘(ii) in effect under the applicable implementation
plan in the covered ozone nonattainment area; and
‘‘(iii) applicable to motor vehicles of the same types
and model years as the foreign-registered motor
vehicles; and
‘‘(B) the President approves the alternative approach
as facilitating compliance with the motor vehicle inspection
and maintenance requirements referred to in subparagraph
(A).
‘‘(5) DEFINITION
OF
COVERED
OZONE
NONATTAINMENT
AREA.—In this section, the term ‘covered ozone nonattainment
area’ means a Serious Area, as classified under section 181
as of the date of the enactment of this subsection.’’.
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 that amendment shall require action that is inconsistent with
the obligations of the United States under any international agree-
ment.
(b) INFORMATION.—As soon as practicable after the date of
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.
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
section 2.
(b) CONTENTS OF STUDY.—The study under subsection (a) shall
compare—
(1) the potential impact of the amendment made by section
2 on air quality in ozone nonattainment areas affected by
the amendment; with
(2) the impact on air quality in those areas caused by
the increase in the number of 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.
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(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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.