designated by him, may determine, after February 18, 1969, would not permit a prompt meeting of a majority of the board to transact business. (b) President of corporation; designation and appointment of other officers; compensation; United States citizenship of officers; dual salary prohibition. The corporation shall have a president, and such other officers as may be named and appointed by the board, at rates of compensation fixed by the board, and serving at the pleasure of the board. No individual other than a citizen of the United States may be an officer of the corporation. No officer of the corporation shall receive any salary from any source other than the corporation during the period of his employment by the corporation. (Pub. L. 87624, title III, § 303, Aug 31, 1962, 76 Stat. 423; Mar. 12, 1969, Pub. L. 91-3, § 1, 83 Stat. 4.) AMENDMENTS 1969 Subsec. (a). Pub. L. 91-3 specified the number of directors on the board at fifteen, substituted provisions that the three members appointed by the President serve for a term of three years each for provisions that such appointees serve terms of one, two, and three years, respectively, set forth the formula authorizing the election of directors by carriers and noncarriers to be based upon their respective percentage of ownership of the autstanding capital stock, provided a method for amending, altering, changing, or repealing the articles of incorporation, and authorized the board to adopt bylaws permitting the corporation to transact business in future national emergencies. MEETING OF BOARD SUBSEQUENT TO MARCH 12, 1969 FOR ELECTION OF DIRECTORS; TERM OF OFFICE Section 2 of Pub. L. 91-3 provided that: "As promptly as the board of directors of the Communications Satellite Corporation shall determine to be practical after the date of the amendment of this Act [March 12, 1969], a meeting of the stockholders of the corporation shall be called for the purpose of electing twelve members of the board in accordance with subsection (a) of section 303 of the Communications Satellite Act of 1962 as amended by the first section of this Act [this section]. The members of the board elected at such meeting shall serve until the next annual meeting of stockholders or until their successors have been elected and qualified.” STATUS AND AUTHORITY OF BOARD MEMBERS ELECTED PRIOR TO MARCH 12, 1969 Section 3 of Pub. L. 91-3 provided that: "The status and authority of the members of the board of directors of the Communications Satellite Corporation who were elected to the board before the date of the enactment of this Act [March 12, 1969] and who are serving as members of the board on such date shall not be in any way impaired or affected until their successors have been elected and qualified in accordance with section 2 of this Act [set out as a note under this section]." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 702 of this title. § 734. Financing of corporation. (a) Capital stock; amount of issue; no par value shares; voting rights; dividends; price and public distribution of initial offering; shareholder eligibility. The corporation is authorized to issue and have outstanding, in such amounts as it shall determine, shares of capital stock, without par value, which shall carry voting rights and be eligible for dividends. The shares of such stock initially offered shall be sold at a price not in excess of $100 for each share and in a manner to encourage the widest distribution to the American public. Subject to the provi sions of subsections (b) and (d) of this section, shares of stock offered under this subsection may be issued to and held by any person. (b) Authorized carriers; definition; shareholder eligibility; percentage reservation of shares; voting rights limitation of authorized carriers and other stockholders. (1) For the purposes of this section the term "authorized carrier" shall mean a communications common carrier which is specifically authorized or which is a member of a class of carriers authorized by the Commission to own shares of stock in the corporation upon a finding that such ownership will be consistent with the public interest, convenience, and necessity. (2) Only those communications common carriers which are authorized carriers shall own shares of stock in the corporation at any time, and no other communications common carrier shall own shares either directly or indirectly through subsidiaries or affiliated companies, nominees, or any persons subject to its direction or control. Fifty per centum of the shares of stock authorized for issuance at any time by the corporation shall be reserved for purchase by authorized carriers and such carriers shall in the aggregate be entitled to make purchases of the reserved shares in a total number not exceeding the total number of the nonreserved shares of any issue purchased by other persons. At no time after the initial issue is completed shall the aggregate of the shares of voting stock of the corporation owned by authorized carriers directly or indirectly through subsidiaries or affiliated companies, nominees, or any persons subject to their direction or control exceed 50 per centum of such shares issued and outstanding. (3) At no time shall any stockholder who is not an authorized carrier, or any syndicate or affiliated group of such stockholders, own more than 10 per centum of the shares of voting stock of the corporation issued and outstanding. (c) Nonvoting security issues and certificates of indebtedness; rate base. The corporation is authorized to issue, in addition to the stock authorized by subsection (a) of this section, nonvoting securities, bonds, debentures, and other certificates of indebtedness as it may determine. Such nonvoting securities, bonds, debentures, or other certificates of indebtedness of the corporation as a communications common carrier may own shall be eligible for inclusion in the rate base of the carrier to the extent allowed by the Commission. The voting stock of the corporation shall not be eligible for inclusion in the rate base of the carrier. (d) Alien share ownership limitation. Not more than an aggregate of 20 per centum of the shares of stock of the corporation authorized by subsection (a) of this section which are held by holders other than authorized carriers may be held by persons of the classes described in paragraphs (1), (2), (3), (4), and (5) of section 310(a) of this title. (e) Inspection and copying rights. The requirement of section 45 (b) of the District of Columbia Business Corporation Act (D.C. Code, sec. 29-920 (b)) as to the percentage of stock which a stockholder must hold in order to have the rights of inspection and copying set forth in that subsection shall not be applicable in the case of holders of stock of the corporation, and they may exercise such rights without regard to the percentage of stock they hold. (f) Transfer and distribution of shares among authorized carriers. Upon application to the Commission by any authorized carrier and after notice and hearing, the Commission may compel any other authorized carrier which owns shares of stock in the corporation to transfer to the applicant, for a fair and reasonable consideration, a number of such shares as the Commission determines will advance the public interest and the purposes of this chapter. In its determination with respect to ownership of shares of stock in the corporation, the Commission, whenever consistent with the public interest, shall promote the widest possible distribution of stock among the authorized carriers. (Pub. L. 87-624, title III, § 304, Aug. 31, 1962, 76 Stat. 424.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 702, 721, of this title. § 735. Powers of corporation; specific activities of corporation; possession of usual powers of stock corporation. (a) In order to achieve the objectives and to carry out the purposes of this chapter, the corporation is authorized to (1) plan, initiate, construct, own, manage, and operate itself or in conjunction with foreign governments or business entities a commercial communications satellite system; (2) furnish, for hire, channels of communication to United States communications common carriers and to other authorized entities, foreign and domestic; and (3) own and operate satellite terminal stations when licensed by the Commission under section 721 (c) (7) of this title. (b) Included in the activities authorized to the corporation for accomplishment of the purposes indicated in subsection (a) of this section, are, among others not specifically named (1) to conduct or contract for research and development related to its mission; (2) to acquire the physical facilities, equipment and devices necessary to its operations, including communications satellites and associated equipment and facilities, whether by construction, purchase, or gift; (3) to purchase satellite launching and related services from the United States Government; (4) to contract with authorized users, including the United States Government, for the services of the communications satellite system; and (5) to develop plans for the technical specifications of all elements of the communications satellite system. (c) To carry out the foregoing purposes, the corporation shall have the usual powers conferred upon a stock corporation by the District of Columbia Busi ness Corporation Act. (Pub. L. 87-624, title III, § 305, Aug. 31, 1962, 76 Stat. 425.) REFERENCES IN TEXT The District of Columbia Business Corporation Act, referred to in subsec. (c), is classified to D.C. Code § 29901 et seq. SUBCHAPTER IV.—MISCELLANEOUS PROVISIONS § 741. Common carrier status of corporation; laws applicable to corporation; common carrier activity; conflict of laws. The corporation shall be deemed to be a common carrier within the meaning of section 3(h) of the Communications Act of 1934, as amended, and as such shall be fully subject to the provisions of title II and title III of that Act. The provision of satellite terminal station facilities by one communication common carrier to one or more other communications common carriers shall be deemed to be a common carrier activity fully subject to the Communications Act. Whenever the application of the provisions of this chapter shall be inconsistent with the application of the provisions of the Communications Act, the provisions of this chapter shall govern. (Pub. L. 87-624, title IV, § 401, Aug. 31, 1962, 76 Stat. 426.) REFERENCES IN TEXT Section 3(h) of the Communications Act of 1934, as amended, referred to in the text, is classified to section 153 (h) of this title. Title II and title III of that Act, referred to in the text, are such titles of the Communications Act and are classified to subchapters II and III of chapter 5 of this title. The Communications Act, referred to in the text, is classified to chapter 5 of this title. § 742. Foreign_business negotiations of corporation; notice to Department of State; advice and assistance from Department of State. Whenever the corporation shall enter into business negotiations with respect to facilities, operations, and services authorized by this chapter with any international or foreign entity, it shall notify the Department of State of the negotiations, and the Department of State shall advise the corporation of relevant foreign policy considerations. Throughout such negotiations the corporation shall keep the Department of State informed with respect to such considerations. The corporation may request the Department of State to assist in the negotiations, and that Department shall render such assistance as may be appropriate. (Pub. L. 87-624. title IV, § 402, Aug. 31, 1962, 76 Stat. 426.) § 743. Sanctions. (a) Petition of Attorney General for equitable relief; venue. If the corporation created pursuant to this chapter shall engage in or adhere to any action, practices, or policies inconsistent with the policy and purposes declared in section 701 of this title, or if the corporation or any other person shall violate any provision of this chapter, or shall obstruct or interfere with any activities authorized by this chapter, or shall refuse, fail, or neglect to discharge his duties and responsibilities under this chapter, or shall threaten any such violation, obstruction, interference, refusal, failure, or neglect, the district court of the United States for any district in which such corporation or other person resides or may be found shall have jurisdiction, except as otherwise prohibited by law, upon petition of the Attorney General of the United States, to grant such equitable relief as may be necessary or appropriate to prevent or terminate such conduct or threat. (b) Punishment, liability or sanction under other provisions. Nothing contained in this section shall be construed as relieving any person of any punishment, liability, or sanction which may be imposed otherwise than under this chapter. (c) Duty of compliance with provisions of chapter and rules and regulations. It shall be the duty of the corporation and all communications common carriers to comply, insofar as applicable, with all provisions of this chapter and all rules and regulations promulgated thereunder. (Pub. L. 87-624, title IV, § 403, Aug. 31, 1962, 76 Stat. 426.) § 744. Reports to the Congress. (a) The President shall transmit to the Congress in January of each year a report which shall include a comprehensive description of the activities and accomplishments during the preceding calendar year under the national program referred to in section 721(a)(1) of this title, together with an evaluation of such activities and accomplishments in terms of the attainment of the objectives of this chapter and any recommendations for additional legislative or other action which the President may consider necessary or desirable for the attainment of such objectives. (b) The corporation shall transmit to the President and the Congress, annually and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this chapter. (c) The Commission shall transmit to the Congress, annually and at such other times as it deems desirable, (i) a report of its activities and actions on anticompetitive practices as they apply to the communciations satellite programs; (ii) an evaluation of such activities and actions taken by it within the scope of its authority with a view to recommending such additional legislation which the Commission may consider necessary in the public interest; and (iii) an evaluation of the capital structure of the corporation so as to assure the Congress that such structure is consistent with the most efficient and economical operation of the corporation. (Pub. L. 87-624, title IV, § 404, Aug. 31, 1962, 76 Stat. 426.) 1411 1421 5. The Philippine Islands.. 6. Canal Zone..... 7. The Virgin Islands.. Samoa, Tutuila, Manua, Swains Islands, and 11. Alien Owners of Land. 12. The Virgin Islands.... 13. 1501 1541 15. Conveyance of Submerged Lands to Territories 14. Trust Territory of the Pacific Islands.. 1701 Chapter 1.-THE BUREAU OF INSULAR AFFAIRS § 1. Bureau of Insular Affairs; business. CODIFICATION Section, act July 1, 1902, ch. 1369, § 87, 32 Stat. 712, provided that the Division of Insular Affairs of the War Department should be known as the Bureau of Insular Affairs and prescribed its business. By Ex. Ord. No. 6726, May 29, 1934, the Division of Territories and Island Possessions was established in the Department of the Interior, and the functions of the Bureau pertaining to the administration of the Government of Puerto Rico, together with the personnel, equipment and funds, were transferred thereto. By 1939 Reorg. Plan No. II, § 4 (d), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433, the Bureau of Insular Affairs of the War Department and its functions were transferred to the Department of the Interior and consolidated with the Division of Territories and Island Possessions, to be administered under the direction and supervision of the Secretary of the Interior. The office of the Chief of the Bureau and offices subordinate thereto provided for in section 14 of Act June 4, 1920, ch. 227, 41 Stat. 769, were abolished and all their functions transferred to, and were to be exercised by, the Director of the Division of Territories and Island Possessions. § 2. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Section, acts June 3, 1916, ch. 134, § 14, 39 Stat. 176; June 4, 1920, ch. 227, subch. I, § 14, 41 Stat. 769, prescribed the composition of the Bureau of Insular Affairs. § 3. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 640. Section, act June 25, 1906, ch. 3528, 34 Stat. 456; June 4, 1920, ch. 227, subch. I, § 14, 41 Stat. 769, provided for the appointment of the Chief of the Bureau. §§ 4, 5. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029. Sections, acts Mar. 2, 1907, ch. 2511, 34 Stat. 1162; Mar. 23, 1910, ch. 115, 36 Stat. 248, provided for detail of Army officers as assistants to Chief of Bureau of Insular Affairs of War Department. Page 11719 Chapter 2.-ALASKA ADMISSION AS STATE Alaska was admitted into the Union on January 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, set out below, as required by sections 1 and 8(c) of the Alaska Statehood Law, Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out below. ALASKA STATEHOOD Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, provided: "[Sec. 1. Declaration; acceptance, ratification, and confirmation of Constitution.] That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 8 (c) of this Act, the State of Alaska is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Alaska entitled, 'An Act to provide for the holding of a constitutional convention to prepare a constitution for the State of Alaska; to submit the constitution to the people for adoption or rejection; to prepare for the admission of Alaska as a State; to make an appropriation; and setting an effective date', approved March 19, 1955 (Chapter 46, Session Laws of Alaska, 1955), and adopted by a vote of the people of Alaska in the election held on April 24, 1956, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed. "Sec. 2. [Territory.] The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska. "Sec. 3. [Constitution.] The constitution of the State of Alaska shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. "Sec. 4. [Compact with United States; disclaimer of right and title to lands or other property; taxation.] As a compact with the United States said State and its people do agree and declare that they forever disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States, and to any lands or other property (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives; that all such lands or other property (including fishing rights), the right or title to which may be held by said natives or is held by the United States in trust for said natives, shall be and remain under the absolute jurisdiction and control of the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: Provided, That nothing contained in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto; and nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any law applicable thereto authorizes, establishes, recognizes, or confirms the validity or invalidity of any such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything |