117b 
[DOCID: f:s1156is.txt]






107th CONGRESS
  1st Session
                                S. 1156

  To amend the Consumer Product Safety Act to provide that low-speed 
      electric bicycles are consumer products subject to such Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2001

Mr. Smith of Oregon introduced the following bill; which was read twice 
 and referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To amend the Consumer Product Safety Act to provide that low-speed 
      electric bicycles are consumer products subject to such Act.

    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.

    (a) Low-Speed Electric Bicycles.--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 2- or 3-wheeled vehicle with fully operable pedals and 
an electric motor of less than 750 watts (1 hp), 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).''.
    (b) Conforming Amendments.--Section 1 of the Consumer Products 
Safety Act (15 U.S.C. 2051 note) is amended by amending the table of 
contents to read as follows:

                          ``TABLE OF CONTENTS

``Sec. 1. Short title; table of contents.
``Sec. 2. Findings and purposes.
``Sec. 3. Definitions.
``Sec. 4. Consumer Product Safety Commission.
``Sec. 5. Product safety information and research.
``Sec. 6. Public disclosure of information.
``Sec. 7. Consumer product safety standards.
``Sec. 8. Banned hazardous products.
``Sec. 9. Procedure for consumer product safety rules.
``Sec. 11. Judicial review of consumer product safety rules.
``Sec. 12. Imminent hazards.
``Sec. 14. Product certification and labeling.
``Sec. 15. Notification and repair, replacement, or refund.
``Sec. 16. Inspection and recordkeeping.
``Sec. 17. Imported products.
``Sec. 18. Exports.
``Sec. 19. Prohibited acts.
``Sec. 20. Civil penalties.
``Sec. 21. Criminal penalties.
``Sec. 22. Injunctive enforcement and seizure.
``Sec. 23. Suits for damages by persons injured.
``Sec. 24. Private enforcement of product safety rules and of section 
                            15 orders.
``Sec. 25. Effect on private remedies.
``Sec. 26. Effect on State standards.
``Sec. 27. Additional functions of Commission.
``Sec. 28. Chronic Hazards Advisory Panel.
``Sec. 29. Cooperation with States and with other Federal agencies.
``Sec. 30. Transfers of functions.
``Sec. 31. Limitation on jurisdiction.
``Sec. 32. Authorization of appropriations.
``Sec. 33. Separability.
``Sec. 34. Effective date.
``Sec. 35. Interim cellulose insulation safety standard.
``Sec. 36. Congressional veto of consumer product safety rules.
``Sec. 37. Information reporting.
``Sec. 38. Low-speed electric bicycles.''.

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.
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