IB
Union Calendar No. 355
105TH CONGRESS
2D SESSION
H. R. 8
[Report No. 105–634]
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) intro-
duced the following bill; which was referred to the Committee on Com-
merce
JULY 20, 1998
Additional sponsors: Mr. RADANOVICH, Mr. DREIER, Mr. ROHRABACHER, Mr.
COX of California, Mr. REYES, Mr. HERGER, Mr. DOOLITTLE, Mr.
ROYCE, Mr. LEWIS of California, Mr. MCKEON, and Mr. PACKARD
JULY 20, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 7, 1997]
A BILL
To amend the Clean Air Act to deny entry into the United
States of certain foreign motor vehicles that do not com-
ply with State laws governing motor vehicle emissions,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 op-
erated 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 edu-
cational study in the United States, may enter a seri-
ous, 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 sen-
tence shall not apply if the operator presents docu-
mentation at the United States border entry point es-
tablishing that the vehicle has complied with such re-
quirements that are in effect and are applicable to
motor vehicles of the same type and model year.
‘‘(2) SANCTIONS
FOR
VIOLATIONS.—The Presi-
dent 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 re-
peated 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 noti-
fying the President of such election.
‘‘(4) STATE ELECTION FOR OTHER NONATTAIN-
MENT 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 para-
graph to apply in the State, or may elect to es-
tablish 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 re-
quirements in effect under the applicable imple-
mentation plan in the nonattainment area and
applicable to motor vehicles of the same type and
model year.
‘‘(B) ALTERNATIVE APPROACH.—An alter-
native approach by a State under subparagraph
(A) is established in accordance with this sub-
paragraph if the Governor of the State submits
to the President a written description of such ap-
proach 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 pro-
hibition described in paragraph (1) takes effect
in the State 180 days after the President’s re-
ceipt of written notice from the Governor of the
State notifying the President of such election.
‘‘(5) ALTERNATIVE APPROACH REGARDING SERI-
OUS, 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 man-
ner 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 follow-
ing 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 Agree-
ment.
(c) REPORT.—Not later than July 1, 1999, the Comp-
troller General of the United States shall submit to the Com-
mittee on Commerce of the House of Representatives, and
the Committee on Environment and Public Works of the