Border Smog Reduction Act of 1998
PL 105-286 (H.R.8), enacted 10/27/1998

PUBLIC LAW 105-286—OCT. 27, 1998 
112 STAT. 2773 
Public Law 105-286 
105th Congress 
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. 
Oct. 27, 1998 
[H.R. 8] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. 
Border Smog 
Reduction ^ t 
SECTION 1. SHORT TITLE. 
of 1998. 
42 use 7401 
This Act may be cited as the "Border Smog Reduction Act note. 
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 ahen who is a permanent resident 
of the United States, or who holds a visa for the purposes 
of emplojnnent or educational study in the United States, 
may enter a covered ozone nonattainment area from a 
foreign country bordering the United States smd 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 £in election shall take effect upon 
President. 
112 STAT. 2774 
PUBLIC LAW 105-286—OCT. 27, 1998 
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 oi 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 
£uid 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.". 
42USC7Sllb 
SEC. 3. GENERAL PROVISIONS. 
Effective date! 
(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 tihie North 
American Free Trade Agreement. 
PUBLIC LAW 105-286—OCT. 27, 1998 
112 STAT. 2775 
(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). 
Approved October 27, 1998. 
LEGISLATIVE HISTORY—H.R. 8: 
HOUSE REPORTS: No. 105-634 (Comm. on Commerce). 
SENATE REPORTS: No. 105-355 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
July 20, considered and passed House. 
Oct. 5, considered and passed Senate, amended. 
Oct. 7, House concurred in Senate amendment.