[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[Senate]
[Pages S11497-S11498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   BORDER SMOG REDUCTION ACT OF 1998

                                 ______
                                 

                       CHAFEE AMENDMENT NO. 3739

  Mr. GRAMS (for Mr. Chafee) proposed an amendment to the bill (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 vehicles emissions, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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).

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