[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[Senate]
[Pages S11511-S11512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   BORDER SMOG REDUCTION ACT OF 1998

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 664, H.R. 8.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A 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 vehicle 
     emissions, and for other purposes.


[[Page S11512]]


  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 3739

               (Purpose: To make a manager's amendment.)

  Mr. GRAMS. Mr. President, Senator Chafee has a manager's amendment at 
the desk and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Minnesota [Mr. Grams] for Mr. Chafee, 
     proposes an amendment numbered 3739.

  Mr. GRAMS. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is 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).

  Mr. CHAFEE. Mr. President, I have sent to the desk a manager's 
amendment to H.R. 8, a bill that was reported out of the Environment 
and Public Works Committee on a voice vote. Mr. President, H.R. 8 was 
developed to address part of the air pollution in southern California 
that has proven difficult to control. The pollution source in question 
is emissions from cars and trucks crossing into the San Diego area from 
Mexico. Those of us who work on the problems of air pollution are well 
aware of the strict auto emissions standards California has put in 
place in an effort to meet national air quality standards. Many of the 
cars crossing the border from Mexico greatly exceed the standards that 
California cars are expected to meet.
  California has an extremely difficult task in trying to improve its 
air quality. The State is working to reduce emissions from nearly every 
conceivable source. The excess emissions from cross-border traffic is 
estimated to be 13 percent of the excess pollution from cars and trucks 
in the San Diego area.
  So, H.R. 8 was written to allow cars to be checked as they come 
across the border to ensure that those cars coming into the U.S. on a 
regular basis comply with State emission standards. California State 
law already requires this, but without a border check, the law has been 
impossible to enforce.
  This matter has been widely recognized as one that H.R. 8 can be 
helpful in addressing, and as I have said, the bill was approved by a 
voice vote in the committee.
  Today, I am submitting a manager's amendment to remedy some concerns 
raised by a few Senators about how the bill might apply to other 
states. The amendment will ensure that this bill is neutral with 
respect to all parts of the U.S. border with Mexico or Canada except 
the California-Mexico border, where the real problem is. Another change 
made by the amendment will focus the bill more narrowly on regular 
commuters as opposed to the occasional visitor on a shopping trip.
  Mr. President, it is my understanding that this amendment has already 
been reviewed and approved by the minority. These changes also have 
been cleared by both the majority and minority on the House Commerce 
Committee, as well as by Congressman Bilbray, the bill's sponsor.
  I would urge my colleagues to adopt this amendment and pass H.R. 8.
  Mr. GRAMS. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3739) was agreed to.
  Mr. GRAMS. I ask unanimous consent that the bill, as amended, be 
considered read a third time and passed, the motion to reconsider be 
laid upon the table, and that any statements relating to the bill be 
placed at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 8), as amended, was considered read the third time and 
passed.

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