[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                          October 5 (legislative day, October 2), 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
8) entitled ``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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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 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 alien who is a permanent 
                resident of the United States, or who holds a visa for 
                the purposes of employment or educational study in the 
                United States, may enter a covered ozone nonattainment 
                area from a foreign country bordering the United States 
                and 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 complied 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 penalty 
        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 
        paragraph (1) shall not apply in any State that elects to be 
        exempt from the prohibition. Such an 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) 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 maintenance requirements that 
                are--
                            ``(i) related to emissions of 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 and 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 enactment of this subsection.''.

SEC. 3. GENERAL PROVISIONS.

    (a) In General.--The amendment made by section 2 takes effect 180 
days after the date of enactment of this Act. Nothing in that amendment 
shall require action that is inconsistent with the obligations of the 
United States under any international agreement.
    (b) Information.--As soon as practicable after the date of 
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 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).

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                H. R. 8

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                               AMENDMENT