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Calendar 664
105th CONGRESS
2d Session
H. R. 8
[Report No. 105-355]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 1998
Received; read twice and referred to the Committee on Environment and
Public Works
September 28, 1998
Reported by Mr. Chafee, without amendment
_______________________________________________________________________
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 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 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 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
sentence shall not apply if the operator presents documentation
at the United States border entry point establishing that the
vehicle 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 President 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
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 notifying the President of such election.
``(4) State election for other nonattainment 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 paragraph to apply in the State, or may elect to
establish 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 requirements in
effect under the applicable implementation plan in the
nonattainment area and applicable to motor vehicles of
the same type and model year.
``(B) Alternative approach.--An alternative
approach by a State under subparagraph (A) is
established in accordance with this subparagraph if the
Governor of the State submits to the President a
written description of such approach 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
prohibition described in paragraph (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 serious, 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
manner 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 following 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 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 Representatives, and the Committee on Environment and Public
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.
Calendar No. 664
105th CONGRESS
2d Session
H. R. 8
[Report No. 105-355]
_______________________________________________________________________
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.
_______________________________________________________________________
September 28, 1998
Reported without amendment
Pages: 1 Other Popular 105th Congressional Bills Documents:
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