```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1498 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1498

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2010

 Mr. Sensenbrenner (for himself, Mr. Lamborn, Mr. Rehberg, Mr. Petri, 
 and Mr. Ryan of Wisconsin) 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) ability to lobby State legislators 
   using Federal tax dollars and urging the NHTSA to focus on 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 National Highway Traffic Safety Administrator 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, the National Highway Traffic Safety 
        Administration (NHTSA) in the past lobbied State legislatures to enact 
        mandatory helmet laws using Federal tax dollars;
Whereas in response to the NHTSA's lobbying efforts, section 30105 of title 49, 
        United States Code, states that ``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 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) ability to lobby State legislators using 
                Federal tax dollars;
                    (B) encourages continued growth in the motorcyclist 
                community and for 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 the NHTSA to focus on 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 then they will not be injured; and
                    (F) encourages the NHTSA to provide to the 
                appropriate committees a detailed statement of why it 
                believes it is less important to focus on 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>
```