IIA
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 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,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Border Smog Reduc-
tion 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
INSPEC-
TION
AND
MAINTENANCE
TESTING.—No 
non-
commercial 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 border-
ing the United States and contiguous to such non-
attainment 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 nonattain-
ment area. The preceding sentence shall not apply if
the operator presents documentation at the United
States border entry point establishing that the vehi-
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cle 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 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
repeated violations or attempted violations such pen-
alty 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 no-
tifying 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-
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tablish in accordance with subparagraph (B) an
alternative approach to facilitate the compli-
ance, 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 non-
attainment area and applicable to motor vehi-
cles 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
approach and the President approves the ap-
proach 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 subpara-
graph, the prohibition described in paragraph
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(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 SE-
RIOUS, SEVERE, AND EXTREME AREAS.—In the case
of a State containing an ozone nonattainment area
to which paragraph (1) applies, paragraph (4) ap-
plies 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 sec-
tion, a serious, severe, or extreme ozone nonattain-
ment area is a Serious Area, a Severe Area, or an
Extreme Area as classified under section 181, re-
spectively, 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.
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(b) INFORMATION.—As promptly as practicable fol-
lowing the enactment of this Act, the appropriate agency
of the United States shall distribute information to pub-
licize 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 sub-
section (a) shall compare the potential impact of the
amendment made by this Act on air quality in ozone non-
attainment areas affected by such amendment with the
impact on air quality in the same areas caused by the in-
crease 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 Representa-
tives, and the Committee on Environment and Public
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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.