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