[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[House]
[Pages H9900-H9902]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   BORDOR SMOG REDUCTION ACT OF 1998

  Mr. BLILEY. Mr. Speaker, I move to suspend the rules and concur in 
the Senate 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 vehicle emissions, 
and for other purposes.
  The Clerk read as follows:
       Strike out all after the enacting clause and insert:

     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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Bliley) and the gentleman from Ohio (Mr. Brown) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Bliley).


                             General Leave

  Mr. BLILEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and to insert extraneous material on the bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. BLILEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 8, the Border Smog Reduction 
Act of 1998, and I want to thank the chairman of the Subcommittee on 
Health and the Environment, the gentleman from Florida (Mr. Bilirakis) 
for his effort in guiding H.R. 8 through the legislative process.
  Throughout the entire consideration of this bill, the gentleman from 
Florida (Mr. Bilirakis) worked with his colleagues on both sides of the 
aisle to ensure that any concerns were resolved in a bipartisan 
fashion.
  I also want to thank and commend the gentleman from California (Mr. 
Bilbray), the author of this legislation. Over 2 years ago the 
gentleman from California identified a very real environmental problem 
on the border between the United States and Mexico, and attempted to 
frame an effective solution. He introduced legislation, requested 
hearings in the Committee on Commerce, and was the driving force behind 
bringing H.R. 8 to markup.
  Indeed, even after the Committee on Commerce and full House approved 
H.R. 8, the gentleman from California (Mr. Bilbray) did not let up. He 
crossed Capitol Hill and personally lobbied members of the other body 
to ensure that this legislation would see action during the present 
session.
  The gentleman understood very well that it takes a great deal of 
effort for Congress to consider and improve any bill, and in every 
stage of the process he was there on the legislative grid iron moving 
the ball forward. We are now at the one yard line thanks to the 
gentleman. With approval of H.R. 8 today, the bill will be sent to the 
President for his signature.
  Certain changes have been made in H.R. 8 by the other body. All 
changes are agreeable to the Committee on Commerce and were the result 
of bipartisan discussions between the majority and minority on our 
committee. I know of no opposition to the final version of this 
legislation.
  In brief, by agreeing to H.R. 8, as amended by the Senate, we will 
establish a program to deny entry into the United States of certain 
noncommercial foreign registered vehicles at the southern California 
border crossing. While these vehicles will be allowed to cross into the 
United States twice each month, they will be denied further entry 
unless they comply with existing State laws designed to ensure that the 
vehicles meet applicable emissions standards.
  There is also flexibility in the legislation to continue either the 
sanctions provided in the bill, or to design an alternative system 
addressing some or all foreign registered vehicles. Any alternative 
system, however, must be approved by the President.
  Again, I want to thank the gentleman from California (Mr. Bilbray) 
for all of his hard work. H.R. 8 is a testament to the dedication and 
determination of the gentleman to make life better for citizens on both 
sides of the border.
  The Border Smog Reduction Act of 1998 will result in both cleaner air 
and more equitable treatment between domestic and foreign-registered 
vehicles.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.

[[Page H9901]]

  Mr. Speaker, I rise to express support for H.R. 8, the Border Smog 
Reduction Act.
  In July of this year, the House passed H.R. 8. At the end of 
September the Senate Committee on Environment and Public Works passed 
the bill without amendment on a voice vote. Just days after the 
committee's action in the Senate, however, majority and minority 
members of the House Committee on Commerce and Senate Committee on 
Environment and Public Works agreed to revise the bill in order to 
address concerns about how the bill might apply to States other than 
California.

                              {time}  1600

  This week the Senate passed an amendment and improved H.R. 8, which 
we consider today. I would like to thank the gentleman from California 
(Mr. Bilbray), the gentleman from California (Mr. Waxman), the 
gentleman from Virginia (Mr. Bliley), and the gentleman from Florida 
(Mr. Bilirakis) for making several important improvements to this 
legislation.
  Unlike the version of H.R. 8 passed by the House in July, the Senate-
passed bill applies to the California-Mexico border only. The Senate-
passed bill retains important language which I offered in committee to 
study the effects of the North American Free Trade Agreement on air 
quality in communities along the U.S.-Mexico border.
  The provision requires the General Accounting Office to conduct a 
study comparing the potential effect of this legislation on air quality 
in ozone nonattainment areas with air quality in these same areas 
caused by vehicles registered in or operating from Mexico as a result 
of implementation of NAFTA.
  It is difficult to imagine that the increased commercial truck 
traffic, much of it brought about by NAFTA, is not adding significantly 
to the nonattainment problems in Southern California.
  The environmental devastation brought on by NAFTA is a serious 
problem on both sides of the border, created by both sides of the 
border. I hope that this study will provide critical information on the 
effect this increased traffic under NAFTA is having on air quality in 
our border areas.
  Again, I would like to thank my colleague and chairman, the gentleman 
from Virginia (Mr. Bliley), the gentleman from California (Mr. 
Bilbray), and the gentleman from Florida (Mr. Bilirakis), the gentleman 
from California (Mr. Waxman) and the gentleman from Michigan (Mr. 
Stupak) for working together to resolve the concerns many of us have 
this with legislation. H.R. 8 has been significantly improved from the 
version originally introduced.
  Mr. Speaker, I urge my colleagues to support the bill, and I reserve 
the balance of my time.
  Mr. BLILEY. Mr. Speaker, I yield 3 minutes to the gentleman from 
Florida (Mr. Bilirakis), the chairman of the Subcommittee on Health and 
Environment.
  (Mr. BILIRAKIS asked and was given permission to revise and extend 
his remarks.)
  Mr. BILIRAKIS. Mr. Speaker, I am pleased that the House is 
considering H.R. 8, the Border Smog Reduction Act, as amended by the 
Senate. I also want to express my gratitude to the gentleman from 
Virginia (Chairman Bliley), to the ranking member, the gentleman from 
Michigan (Mr. Dingell), the ranking member, the gentleman from Ohio 
(Mr. Sherrod Brown), and our staff and all the members of the 
subcommittee particularly for their work on this issue.
  As I am sure our friend and colleague, the gentleman from California 
(Mr. Bilbray) will attest, today's legislative action did not happen 
overnight. Instead, today represents a culmination of many hours of 
work by the gentleman from California (Mr. Bilbray) and the 
Subcommittee on Health and Environment to review this legislation to 
solicit the opinion of Members of Congress, both on and off the 
committee, and to work with the administration to address any concerns.
  The gentleman from California (Mr. Bilbray) and the city of San Diego 
hosted a hearing in November of last year attended by 5 members of the 
subcommittee, wherein we were able to speak with environmental people, 
with the general public, and we also visited a location on the border 
and saw firsthand the problems that we are trying to improve and to 
correct.
  We also worked closely with our colleagues in the other body to 
ensure that the final adjustments to the legislative language of H.R. 8 
were acceptable to the House.
  Indeed, at every stage of the process of considering this 
legislation, the majority and minority closely reviewed and agreed upon 
all changes. The final legislation attempts to address air quality 
conditions in an evenhanded fashion.
  Certain foreign-registered commuter vehicles not meeting State 
inspections and maintenance requirements will be denied entry into the 
United States in the California-Mexico border area after being given 
two opportunities each month to obtain proper State certification. 
However, public notice of the new prohibitions is required prior to the 
implementation of the act.
  There is also flexibility provided to design an alternative system if 
the State so desires and the President approves that alternative 
system.
  Taken as a whole, Mr. Speaker, the legislation seeks to obtain the 
same emission reductions from foreign-registered vehicles as are 
obtained from vehicles owned and operated solely in the United States.
  The United States Environmental Protection Agency considers vehicle 
inspection and maintenance programs to be one of the most cost-
effective measures we can take to clear the air. Thus, H.R. 8 allows us 
to fill an apparent hole in our Clean Air Act enforcement network.
  The bill will help ensure that air quality on both sides of the 
border can make the progress necessary to obtain compliance with the 
national ambient air quality standards.
  Again, I want to commend the gentleman from California (Mr. Bilbray) 
for his hard work and dedication to this issue, and I know that his 
interest in this legislation stems from a strong desire to improve air 
quality in border regions, and to achieve an equitable burden-sharing 
between domestic and foreign mobile sources.
  I think that establishing such equity is an important element in 
maintaining respect for the implementation of our environmental laws. I 
want to thank the gentleman and the ranking minority member of my 
subcommittee, again, the gentleman from Ohio (Mr. Brown), for helping 
to ensure that this bill becomes law in the present session.
  Mr. BLILEY. Mr. Speaker, it is a great pleasure to yield 3 minutes to 
the gentleman from California (Mr. Bilbray), the author of this 
legislation.
  (Mr. BILBRAY asked and was given permission to revise and extend his 
remarks.)
  Mr. BILBRAY. Mr. Speaker, I rise today in strong support of H.R. 8, 
the Border Smog Reduction Act. H.R. 8 is a bipartisan commonsense 
approach to an environmental problem that has been identified along our 
Mexican border for all too long. It is common sense in the manner that 
it completely connects the concept that those who wish to gain economic 
opportunities must also bear environmental responsibilities. At the 
heart of this bill is the basic concept that fairness is essential in 
the enforcement of our environmental regulations within this country 
and among nations.
  I would ask Members to remember that with H.R. 8, we are asking our 
Federal agencies to now be included in assisting the enforcement of 
environmental regulations that the Federal Government has mandated on 
the local communities along our borders.
  Mr. Speaker, at this time I would like to make sure that I have 
identified and thanked my colleagues for the immense amount of help 
that has been given to this Member in moving along the Smog Reduction 
Act--by the subcommittee chairman, the gentleman from Florida (Mr. 
Michael Bilirakis), by the full chairman, the gentleman from Virginia 
(Mr. Tom Bliley), and specifically staff member, Bob Meyers, who worked 
hard in making sure that H.R. 8 did become law.
  The oversight chairman, the gentleman from Texas (Mr. Joe Barton) 
actually was one of the original coauthors of this bill in the 104th 
Congress, and the experience of Texas in this process was actually 
enhanced by the support of the gentleman from El

[[Page H9902]]

Paso, Texas (Mr. Sylvestre Reyes), with his extensive background in 
border issues.
  At the same time, in the other body, Senator Chafee and Senator 
Inhofe have been very, very supportive in getting this bill through the 
Senate.
  I would also at this time like to strongly praise my colleague and 
ranking member, the gentleman from Ohio (Mr. Sherrod Brown) for his aid 
in making this bill possible, and my colleague, the gentleman from 
California (Mr. Henry Waxman).
  Mr. Speaker, this bill is a model, not only for those of us in the 
House to be able to work in a bipartisan way to address environmental 
problems, but also a model of the fact that we are no longer going to 
ignore the environmental challenges along our frontiers. In fact, it is 
refective of the strategy that we are going to use the economic 
opportunities of international trade as a vehicle to focus on 
environmental problems that have been ignored for all too long.
  Mr. Speaker, I would like to state quite clearly my appreciation to 
the entire governmental structure in Washington, for once addressing 
these problems, faced by those of us who live along the border. I look 
forward to working together with my colleagues on both sides of the 
aisle, and working with the Republic of Mexico, and Canada, in making 
sure that current and future problems, faced such as smog problems 
along the border are addressed, along with many others. I think this 
can be a vehicle that we can use as a blueprint here in the House of 
Representatives and in the Senate and hopefully in our continuing 
relationships with our neighbors to the north and south.
  I ask Members' support for H.R. 8. It is a common-sense approach to 
addressing an important public health issue, and at the same time 
assessing what more can be done to make sure that we properly address 
those remaining issues that have not been addressed comprehensively. 
Mr. Speaker, I ask for the passage of H.R. 8.
  Mr. BROWN of Ohio. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. BLILEY. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Ney). The question is on the motion 
offered by the gentleman from Virginia (Mr. Bliley) that the House 
suspend the rules and concur in the Senate amendments to H.R. 8.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendments were 
concurred in.
  A motion to reconsider was laid on the table.

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