[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8 Enrolled Bill (ENR)]

        H.R.8

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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 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 the 
    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 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 agreement.
    (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 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).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.