article: 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 the 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 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. (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). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
summary: Border Smog Reduction Act of 1998 - Amends the Clean Air Act to prohibit noncommercial motor vehicles registered in a foreign country and operated by U.S. citizens, aliens who are permanent residents, or holders of employment or educational visas from entering a Serious ozone nonattainment area from a foreign country bordering the United States and contiguous to such area more than twice in a single calendar-month period if State law has requirements for the inspection and maintenance of such vehicles in such an area. Makes such prohibition inapplicable to operators who present documentation at the border entry point establishing the vehicle's compliance with such requirements. Authorizes civil penalties to be imposed for violation of such prohibition. Makes such prohibition inapplicable in States which elect to be exempt. Makes such prohibition inapplicable in a State and authorizes the President to implement an alternative approach if: (1) a State Governor submits a description of an alternative approach to facilitate compliance by foreign-registered vehicles with inspection and maintenance requirements that are related to air pollutant emissions, that are in effect under the implementation plan in the area, and that apply to vehicles of the same types and model years as the foreign-registered vehicles; and (2) the President approves such approach. Requires the Comptroller General to study and report to specified congressional committees on a comparison of the potential impact of this Act on air quality in ozone nonattainment areas with the impact in those areas of the increase in 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.