[105th Congress Public Law 286]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ286.105]


[[Page 112 STAT. 2773]]

Public Law 105-286
105th Congress

                                 An Act


 
   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. <<NOTE: Oct. 
                         27, 1998 -  [H.R. 8]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Border Smog 
Reduction Act
of 1998.>> 

SECTION 1. SHORT TITLE. <<NOTE: 42 USC 7401 note.>> 

    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 <<NOTE: President.>> 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

[[Page 112 STAT. 2774]]

        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 the enactment of this subsection.''.

SEC. 3. GENERAL PROVISIONS. <<NOTE: 42 USC 7511b note.>> 

    (a) In General.--The <<NOTE: Effective date.>> amendment made by 
section 2 takes effect 180 days after the date of the 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 the 
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.

[[Page 112 STAT. 2775]]

    (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).

    Approved October 27, 1998.

LEGISLATIVE HISTORY--H.R. 8:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-634 (Comm. on Commerce).
SENATE REPORTS: No. 105-355 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            July 20, considered and passed House.
            Oct. 5, considered and passed Senate, amended.
            Oct. 7, House concurred in Senate amendment.

                                  <all>