[Congressional Record Volume 146, Number 132 (Thursday, October 19, 2000)]
[House]
[Pages H10457-H10459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  AMENDING CONSUMER PRODUCTS SAFETY ACT TO INCLUDE REGULATION OF LOW-
                        SPEED ELECTRIC BICYCLES

  Mr. TAUZIN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2592) to amend the Consumer Products Safety Act to provide 
that low-speed electric bicycles are consumer products subject to such 
Act, as amended.

[[Page H10458]]

  The Clerk read as follows:

                               H.R. 2593

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONSUMER PRODUCT SAFETY ACT.

       The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is 
     amended by adding at the end the following:


                     ``low-speed electric bicycles

       ``Sec. 38. (a) Notwithstanding any other provision of law, 
     low-speed electric bicycles are consumer products within the 
     meaning of section 3(a)(1) and shall be subject to the 
     Commission regulations published at section 1500.18(a)(12) 
     and part 1512 of 16 C.F.R.
       ``(b) For the purpose of this section, the term `low-speed 
     electric bicycle' means a two- or three-wheeled vehicle with 
     fully operable pedals and an electric motor of less than 750 
     watts (1 h.p.), whose maximum speed on a paved level surface, 
     when powered solely by such a motor while ridden by an 
     operator who weighs 170 pounds, is less than 20 mph.
       ``(c) To further protect the safety of consumers who ride 
     low-speed electric bicycles, the Commission may promulgate 
     new or amended requirements applicable to such vehicles as 
     necessary and appropriate.
       ``(d) This section shall supersede any State law or 
     requirement with respect to low-speed electric bicycles to 
     the extent that such State law or requirement is more 
     stringent than the Federal law or requirements referred to in 
     subsection (a).''.

     SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.

       For purposes of motor vehicle safety standards issued and 
     enforced pursuant to chapter 301 of title 49, United States 
     Code, a low-speed electric bicycle (as defined in section 
     38(b) of the Consumer Product Safety Act) shall not be 
     considered a motor vehicle as defined by section 30102(6) of 
     title 49, United States Code.

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


                             General Leave

  Mr. TAUZIN. 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 H.R. 2592, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. TAUZIN. Mr. Speaker, I yield myself 5 minutes.
  Mr. Speaker, I rise in support of H.R. 2592, a bill introduced by the 
gentleman from California (Mr. Rogan), to remove unnecessary regulation 
of electric bicycles. The bill has benefitted from a full dose of 
regular order and enjoys a support of my colleagues on both sides of 
the aisle.
  Electric bicycles are a great means of transportation and recreation. 
In particular, older and disabled riders who do not have the physical 
strength to ride a bicycle uphills without motorized assistance will 
benefit from these low-speed electric bicycles. These bikes are also 
used by law enforcement agencies to increase their patrol range while 
doing community policing.
  Electric bikes help commuters who cannot afford automobile 
transportation or who work in traffic congested areas. Electric bikes 
are good for the environment. They are good for reducing traffic and 
they are good for recreation.
  Unfortunately, low-speed electric-powered bicycles are currently 
regulated by the National Highway Traffic Safety Administration as 
motor vehicles instead of as bicycles. NHTSA does not want to focus on 
this. In fact, NHTSA does agree it does not make any sense to regulate 
these bicycles as motor vehicles, but it is required to by current law.
  If NHTSA were to strictly enforce its regulations for electric 
bicycles, the bikes would be required to meet all sorts of standards 
that are designed for cars, but do not make sense for bicycles.
  Since low-powered electric bicycles are used in the same manner as 
human-powered bicycles and travel at the same maximum speed, it is just 
plain common sense they should be regulated like human-powered 
bicycles.
  In our committee hearings, there was bipartisan consensus that 
regulation of electric bikes should be transferred from NHTSA to the 
Consumer Products Safety Commission. The CPSC can then regulate them in 
the same way it regulates regular bicycles, or they can develop any 
regulations in addition that they might find necessary.
  Mr. Speaker, it is a short bill. It is simple, but it is effective. 
It will make it easier for people to own and to use these electric 
bicycles.
  Mr. Speaker, I want to add that I tried one of these out. Now, I am 
not, thankfully, yet so old or so out of shape that I think I should 
have one like this, but let me tell my colleagues, it is an excellent 
piece of equipment. With just a switch, a little switch that bicycle 
will add a little extra power to the peddles going up a hill. It feels 
like you are on a regular flat surface.
  It will literally help a great many people in our society who need 
that little extra help in using a bicycle as recreation or use them to 
get around town or to work or, indeed, in some cases for the kinds of 
exercise they need to keep themselves healthy.
  I am telling my colleagues when I am ready for it, I am going to get 
one. It is a really neat little device.
  The gentleman from California (Mr. Rogan) has done a good job in 
bringing this bill forward so that we can properly put this bicycle 
under the Consumer Products Safety Commission where it belongs, where 
it can be regulated as a human-powered bicycle. We urge support for 
this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise as the gentleman from Louisiana (Mr. Tauzin), my 
friend, did in support of H.R. 2592. This legislation transfers 
responsibility for regulating low-speed electric bicycles to the 
Consumer Products Safety Commission. Currently, the National Highway 
Safety Administration, NHTSA, has jurisdiction over these bicycles, 
which are designed to operate at speeds of less than 20 miles per hour, 
approximately the same speed as human-powered bicycles.
  The CPSC, the Consumer Products Safety Commission, and NHTSA support 
this common sense proposal. NHTSA has never attempted to issue a safety 
standard for these bikes and, I would say, for good reason. If NHTSA 
were to establish an electric bicycle standard, they would be subject 
to motor vehicle requirements that would significantly drive up the 
costs of these bicycles.
  Mr. Speaker, the CPSC, which currently regulates human-powered 
bicycles, is the appropriate agency to regulate electric bikes that 
operate at comparable speeds. These are bicycles not motor vehicles 
and, therefore, they should be regulated by the agency with 
responsibility for bicycles.
  Mr. Speaker, this legislation has bipartisan support. Our colleague, 
the gentlewoman from California (Mrs. Capps) who is on the Committee on 
Commerce, has worked hard for this bill. It is also cosponsored by the 
gentleman from Michigan (Mr. Dingell); the gentleman from Texas (Mr. 
Hall), also on our committee; the gentlewoman from California (Ms. 
Woolsey); the gentleman from Connecticut (Mr. Maloney); the gentleman 
from Minnesota (Mr. Oberstar); and the gentleman from California (Mr. 
Berman).
  Mr. Speaker, I urge my colleagues to support H.R. 2592.
  Mr. Speaker, I yield back the balance of my time.
  Mr. TAUZIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I just briefly want to say this is not obviously the 
most important bill that will come before Congress, but it is a good 
example of how the law is just wrong and common sense requires the law 
to be changed. So we change it tonight, and hopefully with the small 
change, we will make a consumer product that is going to be extremely 
helpful to many citizens of this country available to them and 
affordable for them. And just this small act by Congress, I think, is 
going to mean an awful lot to a lot of people, and I urge adoption of 
the bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Louisiana (Mr. Tauzin) that the House suspend the rules 
and pass the bill, H.R. 2592, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

[[Page H10459]]



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