[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8 Introduced in House (IH)]

  1st Session
                                 H. R. 8

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

Mr. Bilbray (for himself, Mr. Barton of Texas, Mr. Filner, Mr. Hunter, 
 Mr. Cunningham, Mr. Calvert, Mr. Bono, and Mr. Condit) introduced the 
    following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  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 1997''.

SEC. 2. AMENDMENT OF CLEAN AIR ACT.

    Title III of the Clean Air Act is amended by adding the following 
new section after section 328:

``SEC. 329. FOREIGN MOTOR VEHICLES.

    ``(a) 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.
    ``(b) Authority of President Regarding Auto Emission Standards..--
Except as provided in subsections (d) and (e), the President shall deny 
entry into the United States to any noncommercial motor vehicle 
transporting from a foreign country bordering the United States into 
any State in which there exists a nonattainment area, 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 educational study or who holds a valid 
                visa for any such purpose.
    ``(c) Fine or Impoundment for Repeated Attempts to Enter.--The 
President of the United States shall impose on, and collect a fine of 
$200 from, the driver of any motor vehicle who enters or attempts to 
enter the United States more than twice in a single 12-month period in 
violation of subsection (b). The President 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 (d).
    ``(d) Exception for Certified Vehicles.--The prohibition contained 
in subsection (b) and the penalties contained in subsection (c) shall 
not apply to a licensed motor vehicle that meets the motor vehicle 
emissions requirements that are applicable under title II of this Act, 
and under any applicable State implementation plan provisions adopted 
under this Act, to motor vehicles of the same make, type, and model 
year 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.
    ``(e) Exception for Single Entry.--During any 12-month period, the 
driver of a motor vehicle may, without the certification referred to in 
subsection (d), enter the United States once for purposes of obtaining 
such certification.''.
                                 <all>