PUBLIC LAW 105-286—OCT. 27, 1998 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. 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. Border Smog Reduction ^t SECTION 1. SHORT TITLE. of 1998. 42 USC 7401 This Act may be cited as the "Border Smog Reduction Act note. 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 ahen 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 President.
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