[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3961 Introduced in House (IH)]







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 emissions, 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 Committee on 
Ways and Means, and in addition to the Committee on the Judiciary, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction 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 Representatives 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 government 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 enforcement of State laws, concerning vehicle emissions 
and vehicle emission controls and inspections, and State vehicle 
registration laws, for noncommercial motor vehicles entering the United 
States.

SEC. 2. AUTHORITY OF CUSTOMS OFFICERS AND IMMIGRATION 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 noncommercial 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 pollutant 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 considered to 
meet such requirements only if the vehicle has been certified under 
State law as meeting such requirements.
    (b) Fine or Impoundment for Repeated Attempts 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 referred to in subsection (a), 
enter the United States once for purposes of obtaining such 
certification.
                                 <all>