SECTION O - MISCELLANEOUS ACTS
60. Eligibility for Award of Contract Restricted to
Citizens; Employment of Aliens. Only citizens of the United States,
and corporations of which not less than three-fourths of the capital
stock is owned by citizens of the United States, and of which the
members of the boards of directors are citizens of the United States,
and having manufacturing plants located within the continental limits of
the United States shall be eligible to be awarded any contract under
this section to furnish or construct aircraft, aircraft parts, or
aeronautical accessories for the United States Government, except that a
domestic corporation whose stock shall be listed on a stock exchange
shall not be barred by the provisions of this section unless and until
foreign ownership or control of a majority of its stock shall be known
to the Secretary of War or the Secretary of the Navy, as the case may
be, and no aliens employed by a contractor for furnishing or
constructing aircraft, or aircraft parts, or aeronautical accessories
for the United States shall be permitted to have access to the plans or
specifications or the work under construction or to participate in the
contract trials without the written consent beforehand of the Secretary
of the Department concerned. (See section 10(j), Act of July 2, 1926,
Air Corps Act (44 Stat. 787), as amended; 10 U.S.C. 310(j) .)
61. Diplomatic Codes and Correspondence. Whoever,
by virtue of his employment by the United States, obtains from another
or has or has had custody of or access to any official diplomatic code
or any matter prepared in any such code, or which purports to have been
prepared in any such code, and without authorization or competent
authority, willfully publishes or furnishes to another any such code or
matter, or any matter which was obtained while in the process of
transmission between any foreign government and its diplomatic mission
in the United States, shall be fined not more than $10,000 or imprisoned
not more than ten years, or both. (See Act of June 25, 1948 (62 Stat.
743); 18 U.S.C. 952.)
62. Special Provisions Regarding Military Secrets:
a. A license will not be issued by the Secretary of
State authorizing the exportation of any arms, ammunition, or implements
of war considered by the Secretary of the Army or by the Secretary of
the Navy as instruments or appliances included among the articles
covered by those terms as used in sections 1 and 2, title I, of the Act
of June 15, 1917 (40 Stat. 217-218; 50 U.S.C. 31-32; 50 U.S.C. 31 now
covered by 18 U.S.C. 793, and 50 U.S.C. 32 by 18 U.S.C. 794) if, in
their opinion, they involve military secrets of interest to the national
defense. The articles which may be so considered are articles falling
within one of the following categories:
(1) Articles, the whole or any features of which
have been or are being developed or manufactured by or for the
Department of the Army or the Navy Department or with the
participation of either of those Departments; and
(2) Articles, the whole or any features of which
have been used by the Department of the Army or the Navy
Department or which either Department has contracted to procure.
b. Included among articles developed by or for the
Department of the Army or the Navy Department are articles the
development of which has been contracted for by either of those
Departments, or which have been developed in accordance with Army or
Navy specifications and submitted to either Department for evaluation
for procurement.
c. Prospective exporters of articles falling within the
categories set out above which may possibly involve military secrets of
interest to the national defense, or persons desirous of transmitting
abroad information concerning such articles, should communicate with the
Secretary of State in advance of the proposed transaction in order that
he may be in a position to ascertain for the interested person whether
or not military secrets are, in fact, involved therein. The articles
upon which a determination is requested should be designated clearly and
specifically, the type and model designations being included. Where
applicable, Army or Navy drawing numbers should be given, or detailed
plans and specifications submitted.
(See sections 78.1-78.3, Ch. I, Title 22, Code of
Federal Regulations.)
63. Withholding Certain Patents in the Interest of
National Security:
a. Whenever publication or disclosure by the grant of a
patent on an invention in which the Government has a property interest
might, in the opinion of the head of the interested Government agency,
be detrimental to the national security, the Commissioner (of Patents)
upon being so notified shall order that the invention be kept secret and
shall withhold the grant of a patent therefor under the conditions set
forth hereinafter.
b. Whenever the publication or disclosure of an
invention by the granting of a patent, in which the Government does not
have a property interest, might, in the opinion of the Commissioner be
detrimental to the national security, he shall make the application for
patent in which such invention is disclosed available for inspection to
the Atomic Energy Commission, the Secretary of Defense, and the chief
officer of any other department or agency of the Government designated
by the President as a defense agency for the United States.
c. Each individual to whom the application is disclosed
shall sign a dated acknowledgment thereof, which acknowledgment shall be
entered in the file of the application. If, in the opinion of the Atomic
Energy Commission, the Secretary of a Defense Department, or the chief
officer of another department or agency so designated, the publication
or disclosure of the invention by the granting of a patent therefor
would be detrimental to the national security, the Atomic Energy
Commission, the Secretary of a Defense Department, or such other chief
officer shall notify the Commissioner and the Commissioner shall order
that the invention be kept secret and shall withhold the grant of a
patent for such period as the national interest requires, and notify the
applicant thereof. Upon proper showing by the head of the department or
agency who caused the secrecy order to be issued that the examination of
the application might jeopardize the national interest, the Commissioner
shall thereupon maintain the application in a sealed condition and
notify the applicant thereof. The owner of an application which has been
placed under a secrecy order shall have a right to appeal from the order
to the Secretary of Commerce under rules prescribed by him.
d. An invention shall not be ordered kept secret and the
grant of a patent withheld for a period of not more than one year. The
Commissioner shall renew the order at the end thereof, or at the end of
any renewal period, for additional periods of one year upon notification
by the head of the department or the chief officer of the agency who
caused the order to be issued that an affirmative determination has been
made that the national interest continues so to require. An order in
effect, or issued, during a time when the United States is at war, shall
remain in effect for the duration of hostilities and one year following
cessation of hostilities. An order in effect, or issued, during a
national emergency declared by the President shall remain in effect for
the duration of the national emergency and six months thereafter. The
Commissioner may rescind any order upon notification by the heads of the
departments and the chief officers of the agencies who caused the order
to be issued that the publication or disclosure of the invention is no
longer deemed detrimental to the national security.
(See Act: of July 19, 1952 (66 Stat. 805); 35 U.S.C.
181.)
64. Patents and Inventions Pertaining to Military
Utilization of Atomic Energy:
a. No patent shall hereafter be granted for any
invention or discovery which is useful solely in the utilization of
special nuclear material or atomic energy in an atomic weapon. Any
patent granted for any such invention or discovery is hereby revoked,
and just compensation shall be made therefor.
b. No patent hereafter granted shall confer any rights
with respect to any invention or discovery to the extent that such
invention or discovery is used in the utilization of special nuclear
material or atomic energy in atomic weapons. Any rights conferred by any
patent heretofore granted for any invention or discovery are hereby
revoked to the extent that such invention or discovery is so used, and
just compensation shall be made therefor.
c. Any person who has made or hereafter makes any
invention or discovery useful (1) in the production or utilization of
special nuclear material or atomic energy; (2) in the utilization of
special nuclear material in an atomic weapon; or (3) in the utilization
of atomic energy in an atomic weapon, shall file with the Commission a
report containing a complete description thereof unless such invention
or discovery is described in an application for a patent filed with the
Commissioner of Patents by such person within the time required for the
filing of such report. The report covering any such invention or
discovery shall be filed on or before whichever of the following is the
later; either the ninetieth day after completion of such invention or
discovery; or the ninetieth day after such person first discovers or
first has reason to believe that such invention or discovery is useful
in such production or utilization.
d. The Commissioner of Patents shall notify the
Commission of all applications for patents heretofore or hereafter filed
which, in his opinion, disclose inventions or discoveries required to he
reported under paragraph c, and shall provide the Commission access to
all such applications.
(Section 151 Atomic Energy Act of 1954, Act of August
30, 1954 (68 Stat. 943), Public Law 703 - 83rd Congress.)
BY ORDER OF THE SECRETARY OF THE AIR FORCE:
OFFICIAL: N. F. TWINING
Chief of Staff, United States Air Force
E. E TORO
Colonel, USAF
Air Adjutant General
DISTRIBUTION:
B
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