I thank the gentleman for yielding. Madam Speaker, I should start by offering special thanks to the Motorcycle Industry Council and the American Motorcyclist Association who have really helped…
I thank the gentleman for yielding.
Madam Speaker, I should start by offering special thanks to the Motorcycle Industry Council and the American Motorcyclist Association who have really helped shepherd this bill through the various congressional committees and through Congress.
Madam Speaker, $300, that is what I paid for my first motorcycle. Throw in another $20 for the helmet, the freedom, the fresh air, the open road in Texas, the exhilaration was priceless. There are a lot of bikers out there who know exactly what I feel about riding along on the open road, especially in a beautiful State like Texas.
Gas prices last year were on the rise. The gentleman from Tennessee mentioned better weather heading our way. More people across America are going to start using their motorcycles, using them to go to work, travel, or just go for a ride and enjoy the freedom that is uniquely American.
Yet as ridership increases, so does the risk for everyone on the road. Last year in the Lone Star State alone, preliminary numbers revealed that more than 9,100 motorcycle crashes accounted for more than 400 deaths.
As a doctor, I have been in plenty of emergency rooms and trauma centers. Take it from someone with nearly 25 years of experience in medicine, you don't want to be involved in a crash of any kind, but most particularly in a motorcycle accident. As the old saying goes, an ounce of prevention is worth a pound of cure. For bikers, prevention is riding the right way, and that is responsibly. That means getting trained. That means you don't do motocross on suburban streets. That means you wear protective gear. That means you are aware of the cars and trucks around you.
For other drivers, drivers in the larger vehicles, prevention means keeping your eyes open and staying alert. Something as simple as conversing on the cell phone or comforting a crying child is a dangerous distraction that can lead to a crash as well.
Abundant caution for all drivers is essential and encouraged. But accidents do happen, and when they do, people need to receive proper medical care to treat their injuries.
That is why for the past several years I have introduced legislation to close a loophole on the HIPAA health care law that allows insurers to deny payment for injuries sustained while engaged in certain recreational activities, including riding a motorcycle.
The original point of this law was to make health plans more accountable to the people they cover, but these very same provisions are hurting the people they intend to help. Congress is charged with making laws to protect people. When these laws have the opposite effect, we also have the responsibility to fix them and fix them immediately. This loophole has been a problem for almost 12 years. The time has come to fix it.
I am grateful to say H.R. 1086 passed out of our committee earlier this year. It allows for increased transparency so that people are at least entitled to know the information of what their policy does or doesn't cover, and it must be spelled out up front in a language that everyone can understand.
The time has certainly come for riders and those who desire to ride in the future to listen to the wise advice of people, like our former Transportation Secretary, Secretary Mary Peters, who happened to ride a Harley herself, who was steadfast in her support for this legislation in many Congresses past, and I am sure would join with me today in supporting this legislation.
As I stand here in support of Motorcycle Safety Awareness Month, I am extremely cognizant of the current problems that the motorcycle industry has been having with the Consumer Product Safety Commission, specifically the bill H.R. 4040 that became the Consumer Product Safety Improvement Act that we passed in the last Congress.
Motorcycle dealers are small businesses, and we have put a burden on them that is, in fact, putting their business in danger of survival. And at a time when our economy is losing jobs, we can scarcely afford to continue that.
It is reported today that the President intends to provide the Consumer Product Safety Commission with a 71 percent increase in resources than what they had before to enforce the sweeping laws that were passed in the last Congress. No law has been more sweeping than the Consumer Product Safety Improvement Act. Unfortunately, it has swept up businesses Congress did not intend to be swept away.
So yesterday, the Consumer Product Safety Commission issued a Federal Register notice providing a stay of enforcement for the motorcycle industry, but a stay is not enough. These businesses need the assurance that they will not be again required to close down. So I introduced a bill earlier this year, H.R. 1587, to permanently exclude the ATV, motorcycle and snowmobile industries from the application of the Consumer Product Safety Improvement Act because what child under the age of 12 is going to get lead poisoning from consuming the battery in their ATV? In fact, there is the potential for more harm to a child by having them ride an adult-sized ATV or motorcycle than there is the risk of the child consuming the battery that is contained within their motorcycle.
The Consumer Product Safety Commission cannot do the job that it needs to do without an administrator. It requires the leadership of the administrator of the Consumer Product Safety Commission to winnow out the intent of Congress and to put this law on the track on which it was intended.
So while I enthusiastically support President Obama for trying to give the Consumer Product Safety Commission more resources, what the Consumer Product Safety Commission really needs is leadership. I ask the President to nominate an administrator for the Consumer Product Safety Commission so they can provide the leadership to truly impute congressional intent.
If there ever was a bipartisan issue on which both Democrats and Republicans can agree to, it is the fact that the CPSC needs a new administrator, and some common sense needs to be applied to the act that we passed in the last Congress called the Consumer Product Safety Improvement Act.