[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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