[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 239 Introduced in House (IH)]

112th CONGRESS
  1st Session
H. RES. 239

 Supporting efforts to retain the ban on the National Highway Traffic 
 Safety Administration's (NHTSA's) ability to lobby State legislators 
using Federal tax dollars and urging NHTSA to focus on motorcycle crash 
              prevention and rider education and training.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2011

 Mr. Sensenbrenner (for himself, Mr. Ryan of Wisconsin, Mr. Petri, Mr. 
Rehberg, Mr. Paul, Mr. Calvert, Mr. Walberg, Mr. Jones, Mr. Runyan, and 
 Mr. Frank of Massachusetts) submitted the following resolution; which 
   was referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                               RESOLUTION


 
 Supporting efforts to retain the ban on the National Highway Traffic 
 Safety Administration's (NHTSA's) ability to lobby State legislators 
using Federal tax dollars and urging NHTSA to focus on motorcycle crash 
              prevention and rider education and training.

Whereas since 1995, Congress has protected the authority of the States to 
        determine whether motorcycle riders should wear helmets;
Whereas more than 7,000,000 motorcyclists cherish the personal freedom and 
        individual responsibility of motorcycle riding;
Whereas there has been continuous growth in motorcycle use and ownership, 
        especially among females who account for more than 23 percent of those 
        who have ridden a motorcycle, and more than 12 percent of those who own 
        a motorcycle;
Whereas motorcycles are the most affordable form of private motorized 
        transportation in the United States;
Whereas according to the Governors Highway Safety Association, motorcycle rider 
        fatalities decreased by at least 10 percent in 2009, without the 
        implementation of a Federal mandatory helmet law;
Whereas the Administrator of the National Highway Traffic Safety Administration 
        (NHTSA) has stated that the ``core component of our program has not 
        changed; it is to increase helmet use'' and ``anything that the Congress 
        does that would support the movement of riders into helmets would be 
        efficacious of safety'';
Whereas the Tenth Amendment of the Constitution reads: ``The powers not 
        delegated to the United States by the Constitution, nor prohibited by it 
        to the States, are reserved to the States respectively, or to the 
        people.'';
Whereas despite the Tenth Amendment, NHTSA has lobbied State legislatures, using 
        Federal tax dollars, to enact mandatory helmet laws;
Whereas in response to NHTSA's lobbying efforts, section 30105 of title 49, 
        United States Code, states: ``No funds appropriated to the Secretary for 
        the National Highway Traffic Safety Administration shall be available 
        for any activity specifically designed to urge a State or local 
        legislator to favor or oppose the adoption of any specific legislative 
        proposal pending before any State or local legislative body.''; and
Whereas the motorcycling community is concerned that Government health care 
        plans will exclude coverage for motorcycle riders injured while not 
        wearing a helmet: Now, therefore, be it
    Resolved, That--
            (1) the House of Representatives--
                    (A) supports efforts to retain the ban on the 
                National Highway Traffic Safety Administration's 
                (NHTSA's) ability to lobby State legislators using 
                Federal tax dollars;
                    (B) encourages continued growth in the motorcyclist 
                community, and encourages owners and riders to be 
                responsible road users;
                    (C) recognizes the importance of motorcycle crash 
                prevention as the primary source of motorcycle safety;
                    (D) encourages NHTSA to focus on motorcycle crash 
                prevention and rider education as the most significant 
                priorities in motorcycle safety;
                    (E) recognizes that if motorcycle riders are not 
                involved in a crash, they will not be injured; and
                    (F) encourages NHTSA to provide to the appropriate 
                committees of Congress a detailed statement as to why 
                NHTSA believes it is less important to focus on 
                motorcycle crash prevention, rider education and 
                training, proper licensing, and reducing impaired 
                riding than on mandating universal helmet use; and
            (2) it is the sense of the House of Representatives that 
        any law that supersedes State laws regarding the use of helmets 
        as it applies to denial of health care coverage and benefits 
        resulting from an injury sustained while riding a motorcycle 
        should not be implemented.
                                 <all>