I
104TH CONGRESS
2D SESSION
H. R. 3961
To provide that customs officers and immigration officers have the authority
to deny entry into the United States of certain foreign motor vehicles
that do not comply with applicable laws governing motor vehicle emis-
sions, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1996
Mr. BILBRAY (for himself, Mr. BARTON of Texas, Mr. HUNTER, Mr.
CUNNINGHAM, Mr. CALVERT, Mr. BONO, Mr. RADANOVICH, and Mr.
MCKEON) introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on the Ju-
diciary, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To provide that customs officers and immigration officers
have the authority to deny entry into the United States
of certain foreign motor vehicles that do not comply
with applicable 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. COOPERATION IN ENFORCEMENT OF STATE
AUTO EMISSION STANDARDS.
For the purpose of assisting State and local govern-
ment efforts to reduce air pollution from motor vehicles,
all Federal departments and agencies shall cooperate with,
and assist, appropriate State and local agencies in the en-
forcement of State laws, concerning vehicle emissions and
vehicle emission controls and inspections, and State vehi-
cle registration laws, for noncommercial motor vehicles en-
tering the United States.
SEC. 2. AUTHORITY OF CUSTOMS OFFICERS AND IMMIGRA-
TION OFFICERS REGARDING AUTO EMISSION
STANDARDS.
(a) DENIAL OF MOTOR VEHICLE ENTRY.—Customs
officers and immigration officers of the United States
shall deny entry into the United States to any noncommer-
cial motor vehicle transporting from a foreign country
which borders the United States into any State in which
exists a nonattainment area with respect to an air pollut-
ant under part D of title I of the Clean Air Act (42 U.S.C.
7501), any individual who is
(1) a United States citizen, or
(2) an alien who—
(A) is a permanent resident of the United
States, or
(B) is entering that State for purposes of
employment or who holds a valid visa for such
purpose,
unless the motor vehicle is licensed and meets the motor
vehicle emissions requirements applicable under the Clean
Air Act, or State implementation plan adopted under the
Clean Air Act, to motor vehicles of the same make, type,
and model year that are registered in that State, or in
another State in which the individual permanently resides.
For purposes of this section, a motor vehicle shall be con-
sidered to meet such requirements only if the vehicle has
been certified under State law as meeting such require-
ments.
(b) FINE OR IMPOUNDMENT FOR REPEATED AT-
TEMPTS TO ENTER.—Customs officers and immigration
officers of the United States shall impose on, and collect
a fine of $200 from, the driver of any motor vehicle that
attempts to enter the United States more than twice in
a single 12-month period without the certification referred
to in subsection (a). Such officers shall take possession
of such vehicle in any case in which such fine is not paid
at the time entry is attempted and shall retain possession
of such vehicle until such fine is paid or a court determines
that the motor vehicle was properly certified as required
under subsection (a).
(c) EXCEPTION.—During any 12-month period, the
driver of a motor vehicle may, without the certification re-
ferred to in subsection (a), enter the United States once
for purposes of obtaining such certification.
Æ