[Congressional Record (Bound Edition), Volume 147 (2001), Part 2]
[House]
[Pages 2796-2798]
[From the U.S. Government Publishing Office, www.gpo.gov]



AMENDING CONSUMER PRODUCT SAFETY ACT TO PROVIDE THAT LOW-SPEED ELECTRIC 
           BICYCLES ARE CONSUMER PRODUCTS SUBJECT TO SUCH ACT

  Mr. STEARNS. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 727) to amend the Consumer Product Safety Act to provide 
that low-speed electric bicycles are consumer products subject to such 
Act.
  The Clerk read as follows:

                                H.R. 727

       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 title 16, Code of Federal Regulations.
       ``(b) For the purpose of this section, the term `low-speed 
     electric bicycle' means a

[[Page 2797]]

     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 
Florida (Mr. Stearns) and the gentlewoman from California (Mrs. Capps) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Stearns).


                             General Leave

  Mr. STEARNS. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 727.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. STEARNS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 727, a bill that 
transfers jurisdiction over low-speed electric bikes from the National 
Highway Traffic Safety Administration, or NHTSA, to the Consumer 
Product Safety Commission. This is a bipartisan bill, and I am pleased 
to support its passage.
  Low-speed electric bicycles offer consumers the enjoyment of biking 
with the convenience of assisted power so they can use the power or not 
use the power, use the bike as a normal bike. They give their riders, 
most of the time seniors, the disabled, and law enforcement, some extra 
help in peddling long distance and climbing hills.
  Currently, low-speed electric bikes are regulated by NHTSA, which 
subjects these bicycles to the same standards as motor vehicles. For 
instance, under NHTSA regulation, low-speed electric bikes would be 
forced to have items found on trucks and automobiles. Such requirements 
would upset the weight and balance, as well as increase the price, of 
these bicycles. In turn, this would have a detrimental effect on many 
of my constituents, and I believe others in this House.
  A vast majority of the people who use these bicycles are seniors. 
They are designed to make it easier for the elderly to get to the 
grocery store, ride through the park and perhaps get some fresh air.
  Let me give an example. For instance, today's Congressional Monitor 
reported that a 66-year-old retired engineer from California, who uses 
his electric bike to commute to and from his home in Santa Cruz, he 
states that before he bought the electric bike, ``There was some 
terrain I just could not ride because of my wind and lack of 
conditioning,'' end quote.
  H.R. 727 transfers regulatory jurisdiction over low-speed electric 
bikes, those bikes now with less than a one-horsepower engine and a 
maximum speed of 20 miles per hour, to the CPSC. This, I believe, is a 
common sense approach of treating bicycles like bicycles, treating 
these types of bicycles like the normal bicycles and ensuring that they 
are safe for all drivers.
  Language identical to H.R. 727 passed the House last session. 
Unfortunately, there was not enough time to enact this bill.
  I would like to thank the gentleman from Louisiana (Mr. Tauzin) for 
expediting this bill through the Subcommittee on Energy and Power of 
the Committee on Commerce, and my friends on the other side of the 
aisle, for their support. H.R. 727 is a good bill. I urge all of my 
colleagues to support it.
  Madam Speaker, I reserve the balance of my time.
  Mrs. CAPPS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise also in support of H.R. 727, a bill to provide 
that low-speed bicycles are appropriately regulated as consumer 
products under the Consumer Product Safety Act.
  I am an original cosponsor of this legislation, initially introduced 
by my good friend the gentleman from Florida (Mr. Stearns), chairman of 
the Subcommittee on Commerce, Trade, and Consumer Protection.
  This bill has five other cosponsors, including three other Democratic 
Members, the gentleman from California (Mr. Berman), the gentleman from 
Oregon (Mr. Blumenauer), and the gentleman from Minnesota (Mr. 
Oberstar). I want to thank them for their support of this important 
legislation.
  Identical legislation passed the House floor by voice vote under 
suspension of the rules. However, the Senate took no action on the bill 
at that time.
  Electric bicycles generate no pollution, are virtually silent, and 
can increase transportation and recreation options for millions of 
citizens.
  These relatively new products are a welcome transportation 
alternative especially, as my colleague mentioned, for older or 
disabled riders and many commuters. Right now, electric bikes are 
caught in a regulatory trap between the National Highway Traffic Safety 
Administration and the Consumer Product Safety Commission. The CPSC has 
responsibility for human-powered bicycles, including pedal-assisted 
electric bicycles. However, power on demand, low-speed electric 
bicycles are currently defined as motor vehicles and come under the 
jurisdiction of the National Highway Traffic Safety Administration, or 
NHTSA.
  The bill establishes a definition of electric bikes, a vehicle with 
two or three wheels, operable pedals and electric motor of about one 
horsepower.
  With the motor alone, the bike's top speed is less than 20 miles per 
hour.
  The bill also provides CPSC with authority to issue new requirements 
necessary to protect consumer safety. Both NHTSA and CPSC agree that 
all low-speed electric bicycles are more appropriately regulated as 
consumer products by the CPSC. If NHTSA were to establish a standard 
for electric bikes, the rules could force manufacturers to meet safety 
regulations intended for motorcycles and similar kinds of vehicles such 
as requiring brake lights, automotive-grade headlights or turn signals.
  Requiring these unnecessary features on an electric bike would add 
hundreds of dollars to the retail price of an electric bike, and this 
would certainly discourage their use.
  This bill fixes that problem by giving jurisdiction over electric 
bikes to the Consumer Product Safety Commission, where it belongs. Here 
they can be regulated like the consumer products that they are.
  Madam Speaker, I know about electric bikes. Some are manufactured in 
my district, and bike-friendly Santa Barbara and San Luis Obispo 
Counties have many electric-bike users already.
  I hope this bill will encourage most of our citizens to use these 
innovative and environmentally friendly vehicles. This is certainly 
common sense legislation and I urge my colleagues to support it.
  Mr. BLUMENAUER. Madam Speaker, I rise today in support of H.R. 727, a 
bill that provides for Consumer Product Safety Commission regulation of 
electric bikes.
  I have dedicated my service in Congress to the promotion of livable 
communities, communities that are safe, healthy, and economically 
secure.
  Transportation choices are a critical part of a livable community.
  As a chair of the Bi-Partisan Bicycle Caucus, we recognize that 
electric bikes are important to that goal in that they provide an 
energy efficient transportation alternative.
  Any bicycle can be easily converted to an electric bike.
  They can be an effective tool in the fight against traffic 
congestion, parking shortages, noise and air pollution, problems we see 
increasing in urban areas across the country.

[[Page 2798]]

  At a time when our country is struggling with energy shortages, 
electric bikes are not only energy-efficient, they reduce the 
consumption of gasoline.
  Currently, electric bikes are subjected to the same standards as 
motor vehicles and must comply with all of the same safety standards as 
motor vehicles.
  This level of regulatory burden is unnecessary and has a dampening 
effect on the availability of these bicycles.
  Regulation under the Consumer Products Safety Commission ensures that 
bicycles continue to meet rigorous safety standards while increasing 
their availability to consumers.
  I am proud to be a co-sponsor of this bill and encourage my 
colleagues to vote in favor of this legislation.
  Mr. MOORE. Madam Speaker, I rise today in support of H.R. 727. This 
legislation, which the House unanimously passed last October (H.R. 
2592) but which the Senate neglected to consider, will transfer 
regulatory responsibility for low-speed electric bicycles from the 
National Highway Traffic Safety Administration (NHTSA) to the Consumer 
Product Safety Commission (CPSC), where they would be treated as 
consumer products. During the 106th Congress, a representative from the 
NHTSA testified to Congress that if the agency strictly applied its 
motor vehicle safety regulations to electric bicycles, such bikes would 
have to include a number of costly safety features--including 
headlights, brake lights, turn signals, rearview mirrors and license 
plates--even if the bikes are used in the same manner as human-powered 
bicycles.
  Madam Speaker, I urge my colleagues to support this common-sense 
measure that will enhance the role of the CPSC. The Commission needs to 
be granted the authority, when appropriate, to protect consumers and 
ensure public safety. Along these lines, I have introduced the 
Children's Gasoline Burn Prevention Act (H.R. 688), which will enable 
the CPSC to require child-proof caps for gasoline containers.
  Under current law, the CPSC lacks the authority to promulgate such 
regulations, due to the definition of ``package'' in the Poison 
Prevention Packaging Act. Under that statute, in order for the CPSC to 
require a child-proof cap, the package must contain a hazardous 
substance at the time of initial sale; therefore, the CPSC does not 
have authority to require safety caps for new, empty gas containers. 
This problem came to my attention due to an incident in Leavenworth, 
Kansas, in which a four year old boy lost his life and his three year 
old brother was permanently scarred after they opened and spilled a gas 
can and the gasoline vapors ignited a nearby hot water heater.
  This legislation has been endorsed by the American Society of Testing 
and Materials' Task Group of Standards for Flammable Liquid Containers, 
which has been considering establishment of a voluntary standard in 
this area, working in concert with the CPSC.
  Enactment of this simple, common-sense measure will save the lives of 
countless young children, and help to put their parents' minds at ease 
with regard to gasoline cans stored in garages, basements and back 
porches.
  Madam Speaker, I urge my colleagues to support H.R. 727 and the 
Children's Gasoline Burn Prevention Act. The Consumer Product Safety 
Commission must be allowed to adequately protect consumers and ensure 
public safety.
  Mr. BERMAN. Madam Speaker, I rise in strong support of H.R. 727, 
legislation that gives the Consumer Product Safety Commission authority 
to regulate low-speed electric bicycles. This common-sense bill had its 
genesis in a meeting I had several years ago with Dr. Malcolm Currie, 
president of a company in my district called Currie Technologies. Dr. 
Currie made a convincing case that National Highway Traffic Safety 
Administration regulations--which place electric bikes in the same 
category as mopeds--were restraining the growth of the electric bike 
industry. He argued that NHTSA should apply a unique set of safety 
requirements to electric bikes, given the modest speed at which they 
operate. NHTSA agreed in principle, but had little flexibility to make 
such a distinction in the context of their regulations. After a number 
of discussions with NHTSA, the Consumer Product Safety Commission, 
Representative Lois Capps, Dr. Currie and other representatives of the 
electric bicycle industry, it became apparent that the best way to deal 
with this problem was to transfer regulatory jurisdiction from NHTSA to 
the CPSC, which already regulates regular human-powered bicycles. H.R. 
727 would provide for that transfer of regulatory authority. I commend 
Mr. Stearns for introducing this bill and I urge my colleagues to 
support it.
  Mrs. CAPPS. Madam Speaker, I yield back the balance of my time.
  Mr. STEARNS. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Stearns) that the House suspend the rules 
and pass the bill, H.R. 727.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. STEARNS. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________

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