IV 
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 Fed-
eral tax dollars and urging NHTSA to focus on motorcycle crash preven-
tion 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 reso-
lution; which was referred to the Committee on Transportation and Infra-
structure 
RESOLUTION 
Supporting efforts to retain the ban on the National High-
way 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 per-
sonal freedom and individual responsibility of motorcycle 
riding; 
VerDate Mar 15 2010 
00:39 May 03, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6300
E:\BILLS\HR239.IH
HR239
smartinez on DSKB9S0YB1PROD with BILLS
•HRES 239 IH 
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 motor-
cycle, and more than 12 percent of those who own a mo-
torcycle; 
Whereas motorcycles are the most affordable form of private 
motorized transportation in the United States; 
Whereas according to the Governors Highway Safety Associa-
tion, 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 hel-
mets 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 re-
served 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 leg-
islator to favor or oppose the adoption of any specific leg-
VerDate Mar 15 2010 
00:39 May 03, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6300
E:\BILLS\HR239.IH
HR239
smartinez on DSKB9S0YB1PROD with BILLS
•HRES 239 IH 
islative proposal pending before any State or local legisla-
tive body.’’; and 
Whereas the motorcycling community is concerned that Gov-
ernment health care plans will exclude coverage for mo-
torcycle 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 Adminis-
tration’s (NHTSA’s) ability to lobby State leg-
islators 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 motor-
cycle crash prevention as the primary source of 
motorcycle safety; 
(D) encourages NHTSA to focus on mo-
torcycle 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 
VerDate Mar 15 2010 
00:39 May 03, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\HR239.IH
HR239
smartinez on DSKB9S0YB1PROD with BILLS
•HRES 239 IH 
(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 preven-
tion, rider education and training, proper li-
censing, and reducing impaired riding than on 
mandating universal helmet use; and 
(2) it is the sense of the House of Representa-
tives that any law that supersedes State laws re-
garding 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. 
Æ 
VerDate Mar 15 2010 
00:39 May 03, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\HR239.IH
HR239
smartinez on DSKB9S0YB1PROD with BILLS