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Section 106

As Enacted

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Sec. 106. (a) The Secretary shall conduct research, testing, devel. Researoh and opment, and training necessary to carry out the purposes of this title, training, etc. including, but not limited to

(1) collecting data from any source for the purpose of determining the relationship between motor vehicle or motor vehicle equipment performance characteristics and (A) accidents involving motor vehicles, and (B) the occurrence of death, or personal injury resulting from such accidents;

(2) procuring (by negotiation or otherwise) experimental and other motor vehicles or motor vehicle equipment for research and testing purposes;

(3) selling or otherwise disposing of test motor vehicles and motor vehicle equipment and reimbursing the proceeds of such sale or disposal into the current appropriation available for the

purpose of carrying out this title. (b) The Secretary is authorized to conduct research, testing, de- Grants. velopment, and training as authorized to be carried out by subsection (a) of this section by making grants for the conduct of such research, testing, development, and training to States, interstate agencies, and nonprofit institutions.

(c) Whenever the Federal contribution for any research or development activity authorized by this Act encournging motor vehicle safety is more than minimal, the Secretary shall include in any contract, grant, or other arrangement for such research or development activity, provisions effective to insure that all information, uses, processes, patents, and other developments resulting from that activity will be made fieely and fully available to the general public. Nothing herein shall be construed to deprive the owner of any background patent of any right which he may have thereunder.

Conference Report

House Report 1919, Page 18

PATENTS

velopne to the gene the owner der.

Section 106(c) of the Senate bill provides that whenever Federal contribution for any research or development authorized by this act encouraging motor vehicle safety is more than minimal, the Secretary shall include in any contract, grant, or other arrangement for such research or development activity, provisions effective to insure that all information, lises, processes, patents and other developments resulting from that activity will be made freely and fully available to the general public, and that nothing therein shall be construed to deprive the owner of any background patent of any right which he may have thereunder.

The House amendment did not contain such il provision.

Section 106(c) of the proposed conference substitute is the same as the Senate bill.

Based on a rollcall vote on this provision the Senate managers insisted on its retention in the conference substitute. The House managers accepted this provision.

House Passed Act

Congressional Record-House
August 17, 1966, 19671

"Soc. 106. (a) The Secretary Kball conduct “(3) selling or otherwise dispoddag of tast research, testing, development, and training motor vehicles and motor vehicle equipment necessary to carry out the purposes of this and reimburing the procoods of ruch salo title, including, but not limitod to

of dilapoual into the current appropriation "(1) collecting data from any source for available for the purpose of carrying out this the purpose of determining the relationship title. between motor vehicle or motor vobicle . "(b) The Secretary is authorized to conequipment performance characteristics and duct research, tosting, development, and (A) accidents involving motor vehicles, and training as authorized to be carried out by (B) the occurrence of death, or personal 10- subsection (a) of this section by making Jury resulting from such accidents;

grants for the conduct of such research, test"(2) procuring (by nogotiation or other ing, development, and training to States, wise) axperimental and other motor vehicles interstate agencies, and nonproat Instituor motor vehiclo equipment for research and tons. testing purposes;

House Debate

Congressional Record-House
August 17, 1966, 19639

Mr. O'BRIEN. Mr. Chairman, I rise ward Speno, has already done in develin support of H.R. 13228.

oping plans for a prototype safety car. Mr. Chairman, I call the attention of It would be wasteful, indeed, if the the Committee to a section of H.R. 13228 Federal Government turned its back on which is, simultaneously, a major safety what New York has and is accomplishproposal and a tribute to people in my ing in this field. State of New York and in other States Senator Speno and able legislators who have been striving to develop a pro- from several other States testified elototype safety car.

quently on this subject. The language to which I refer is in I was impressed, particularly, by the section 106 which directs the Secretary Speno argument that in the field of of Commerce to procure, by negotiation automobile safety, the future must be or otherwise, experimental and other explored. motor vehicles or motor vehicle equip- The best span to the future is development for research and testing purposes. ment of and continuous experiment with

The committee report makes crystal an actual vehicle or vehicles. That is clear, despite the considerable latitude the most effective way of determining given the Secretary, that we expect and the best bold new ventures into the strongly desire that the utilization of ex- safety of tomorrow. perimental vehicles and equipment will I hope that the Secretary, when he be well underway within a year and that undertakes the great new responsibilthe Secretary will “coordinate his actions ties given him under this bill will coto the fullest extent possible with appro- operate with New York and other States priate State programs."

in this area and consult with Senator Our committee was greatly impressed Speno and other pioneers in the safety by what my own State of New York, un- car field. der the able leadership of Senator Ed

Congressional Record-House
August 17, 1966, 19646

Mr. ROBISON.

I should like to commend this com- which I have quoted it, is not intended to mittee for its success in getting nearly be a limitation of any kind and that the all the “bugs” out of this bill so that it is Secretary may, as section 106(a) clearly one that all of us can support. But, now states, conduct such part of such rewe have to move forward-through this search programs, or testing programs legislation to see what can be done to and so forth, as he desires through get the “bugs” out of the cars we drive grants—as described in subsection (b) of so that they will be safer vehicles for our the same section to States, interstate use and for the use of those who share agencies, and nonprofit institutions. the Nation's highways with us.

My interest in this point, Mr. ChairIt is in this latter connection that I man, arises in turn from my continuing have noticed, with interest, the provi. interest in the fine work-research sion-in H.R. 13228_authorizing the work—that has been done in this field of Secretary of Commerce to conduct pro- automobile safety by the Cornell Aerograms of research, testing, development, nautical Laboratory, at Buffalo, N.Y., and training necessary to carry out the which was started some 20 years ago by intent of the bill. In reading the com- Cornell University-situated in my dismittee report on page 21, having refer- trict--but which facility is now operated, ence to such research-I have noted, or so I understand, by the Cornell Aerohowever, that the report states, and I nautical Laboratory, Inc., as a separate quote:

nonprofit institution but wholly owned by The reported bill requires the Secretary to

the university. conduct all research.

Through the years, working in conAnd so forth

junction with the Cornell Medical School The use of the word "all"-at that

in New York City, this laboratory-and

the dedicated people who have been aspoint did not seem to jibe with the further reference, in that same paragraph

signed to it-has done some of the most from which I was quoting, to the addi

outstanding and, in fact, pioneering work tional authorization to the Secretary to accomplished so far in the field of auto arrange to conduct such research, and so safety. I would hope that this fine inforth, through grants to States, inter stitution could continue, Mr. Chairman, state agencies, and nonprofit institutions. to play a prominent role in whatever adHowever, after referring to the lan

ditional research work is carried forward guage of the bil itself, I note that the

now by virtue of the enactment of this limiting word "all"-if it was intended to

bill—and I am confident that, based on be a limitation does not appear in sec

its record of service and its demonstrated tion 106(a). I have asked the gentleman ability, the Secretary of Commerce will from Illinois (Mr. SPRINGER), about this give it every opportunity to do so. and he assures me that the use of the word "all" in the report, in the context in

Congressional Record-House
August 31, 1966, 21349

Mr. STAGGERS.

In the House version, the research and development provisions are mandatory rather than discretionary and they are also broader in scope than the Senate version. The managers for the Senate receded.

Of course, a conference requires give and take, but in my review of this conference, the only item of any significance where , the managers for the House accepted the Senate version is in section 106(c) which provides information, uses, processes, patents, and other developments which

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