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repealing section 277 of Title 2] shall become effective on the date of enactment of this Act [Dec. 18, 1973]. "(b) The provisions of section 3214 of title 39, United States Code, as amended by section 4 of this Act [section 3214 of this title]; and the provisions of subsection (b) of section 3216 of title 39, United States Code, as amended by section 7 of this Act [section 3216(b) of this title], shall take effect as of December 27, 1972."

SEPARABILITY OF PROVISIONS

Section 15 of Pub. L. 93-191 provided that: "If a provision of this Act [enacting section 3219 of this title and sections 501 and 502 of Title 2, amending sections 3206, 3210-3212, 3214-3216, and 3218 of Title 39 and sections 733, 907 of Title 44, and repealing section 277 of Title 2] is held invalid, all valid provisions severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, such provision remains in effect in all valid applications severable from the invalid application or applications."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3216, 3219 of this title; title 44 section 907.

§ 3211. Public documents.

The Vice President, Members of Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, each of the elected officers of the House of Representatives (other than a Member of the House) until the first day of April following the expiration of their respective terms of office, may send and receive as franked mail all public documents printed by order of Congress. (As amended Pub. L. 93-191, § 2, Dec. 18, 1973, 87 Stat. 741.)

AMENDMENTS

1973-Pub. L. 93-191 substituted "each of the elected officers of the House of Representatives (other than a Member of the House) until the first day of April" for "the Clerk of the House of Representatives, and the Sergeant at Arms of the House of Representatives, until the thirtieth day of June."

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section 14 of Pub. L. 93-191, set out as a note under section 3210 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 sections 501, 502.

§ 3212. Congressional Record under frank of Members of Congress.

(a) Members of Congress may send the Congressional Record as franked mail.

(b) Members of Congress may send, as franked mail, any part of, or a reprint of any part of, the Congressional Record, including speeches or reports contained therein, if such matter is mailable as franked mail under section 3210 of this title. (As amended Pub. L. 93-191, § 3, Dec. 18, 1973, 87 Stat. 741.)

1973

AMENDMENTS

Subsec. (a). Pub. L. 93-191 incorporated existing text in provisions designated as subsec. (a).

Subsec. (b). Pub. L. 93-191 incorporated existing text in provisions designated as subsec. (b), authorized sending, as franked mail, reprints of parts of Congressional Record, and authorized the mailing of Congressional Record if the listed matter is mailable as franked mail under section 3210 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section 14 of Pub. L. 93-191, set out as a note under section 3210 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 sections 501, 502.

§ 3213. Seeds and reports from Department of Agriculture.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 sections 501, 502.

§ 3214. Mailing privilege of former President; surviving spouse of former President.

A former President and the surviving spouse of a former President may send nonpolitical mail within the United States and its territories and possessions as franked mail. Such mail of a former President and of the surviving spouse of a former President marked "Postage and Fees Paid" in the manner prescribed by the Postal Service shall be accepted by the Postal Service for transmission in the international mails. (As amended Pub. L. 93-191, § 4(a), Dec. 18, 1973, 87 Stat. 742.)

AMENDMENTS

1973-Pub. L. 93-191 limited the mailing privilege to nonpolitical mail, extended the privilege to surviving spouse of former President and provided for acceptance of such mail marked "Postage and Fees Paid" by the Postal Service for transmission in the international mails. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-191 effective Dec. 27, 1972, see section 14 of Pub. L. 93-191, set out as a note under section 3210 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3216 of this title.

§ 3215. Lending or permitting use of frank unlawful.

A person entitled to use a frank may not lend it or permit its use by any committee, organization, or association, or permit its use by any person for the benefit or use of any committee, organization, or association. This section does not apply to any standing, select, special, or joint committee, or subcommittee thereof, or commission, of the Senate, House of Representatives, or Congress, composed of Members of Congress, or to the Democratic caucus or the Republican conference of the House of Representatives or of the Senate. (As amended Pub. L. 93-191, § 10, Dec. 18, 1973, 87 Stat. 746.)

AMENDMENTS

1973-Pub. L. 93-191 substituted provision for nonapplication of section to "any standing, select, special, or joint committee, or subcommittee thereof, or commission, of the Senate, House of Representatives, or Congress, composed of Members of Congress, or to the Democratic caucus or the Republican conference of the House of Representatives or of the Senate" for such nonapplication to "any committee composed of Members of Congress".

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section 14 of Pub. L. 93-191, set out as a note under section 3210 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3212, 3219 of this title; title 2 sections 282d, 501, 502.

§ 3216. Reimbursement for franked mailings. (a) The equivalent of—

(1) postage on, and fees and charges in connection with, mail matter sent through the mails

(A) under the franking privilege (other than under section 3219 of this title), by the Vice President, Members of and Members-elect to Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, each of the

elected officers of the House of Representatives (other than a Member of the House), and the Legislative Counsels of the House of Representatives and the Senate; and

(B) by the surviving spouse of a Member of Congress under section 3218 of this title; and

(2) those portions of fees and charges to be paid for handling and delivery by the Postal Service of Mailgrams considered as franked mail under section 3219 of this title;

shall be paid by a lump-sum appropriation to the legislative branch for that purpose and then paid to the Postal Service as postal revenue. Except as to Mailgrams and except as provided by sections 733 and 907 of title 44, envelopes, wrappers, cards, or labels used to transmit franked mail shall bear, in the upper right-hand corner, the sender's signature, or a facsimile thereof, and the printed words "Postage paid by Congress".

(b) Postage on, and fees and charges in connection with, mail matter sent through the mails under section 3214 of this title shall be paid each fiscal year, out of any appropriation made for that purpose, to the Postal Service as postal revenue in an amount equivalent to the postage, fees, and charges which would otherwise be payable on, or in connection with, such mail matter.

(c) Payment under subsection (a) or (b) of this section shall be deemed payment for all matter mailed under the frank and for all fees and charges due the Postal Service in connection therewith.

(d) Money collected for matter improperly mailed under the franking privilege shall be deposited as miscellaneous receipts in the general fund of the Treasury. (As amended Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 132; Pub. L. 93-191, § 7, Dec. 18, 1973, 87 Stat. 745.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-191 incorporated existing text in provisions designated as par. 1 (A) and (B); substituted in subpar. (a) reference to elected officers of the House of Representatives (other than a Member of the House) for former references to the Clerk of the House of Representatives and the Sergeant at Arms of the House of Representatives; included in subpar. (A) reference to Legislative Counsel of the Senate; added subsec. (a) (2) and provision for the sender's signature, or facsimile thereof, and printed words "Postage paid by Congress" in upper right-hand corner on transmitted franked mail. Subsec. (b). Pub. L. 93-191 added subsec. (b). Former subsec. (b) provided that "The postage on mail matter sent through the mails under the franking privilege by former Presidents shall be paid by reimbursement of the postal revenues each fiscal year out of the general funds of the Treasury in an amount equivalent to the postage which would otherwise be payable on the mail matter."

Subsecs. (c), (d). Pub. L. 93-191 added subsecs. (c) and (d).

1971-Subsec. (a). Pub. L. 92-51 provided for reimbursement of Legislative Counsel of House of Representatives for franked mailings.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment of subsec. (a) and enactment of subsecs. (c) and (d) by Pub. L. 93-191 effective Dec. 18, 1973, and amendment of subsec. (b) by Pub. L. 93-191 effective Dec. 27, 1972, see section 14 of Pub. L. 93-191, set out as a note under section 3210 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3210, 3216 of this title.

§ 3218. Franked mail for surviving spouses of Members of Congress.

Upon the death of a Member of Congress during his term of office, the surviving spouse of such Member may send, for a period not to exceed 180 days after his death, as franked mail, nonpolitical correspondence relating to the death of the Member. (As amended Pub. L. 93-191, § 11, Dec. 18, 1973, 87 Stat. 746.)

AMENDMENTS

1973-Pub. L. 93-191 inserted "nonpolitical" preceding "correspondence".

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-191 effective Dec. 18, 1973, see section 14 of Pub. L. 93-191, set out as a note under section 3210 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3216 of this title; title 2 sections 501, 502.

§ 3219. Mailgrams.

Any Mailgram sent by the Vice President, a Member of or Member-elect to Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, an elected officer of the House of Representatives (other than a Member of the House), or the Legislative Counsel of the House of Representatives or the Senate, and then delivered by the Postal Service, shall be considered as franked mail, subject to section 3216(a) (2) of this title, if such Mailgram contains matter of the kind authorized to be sent by that official as franked mail under section 3210 of this title. (Added Pub. L. 93-191, § 12(a), Dec. 18, 1973, 87 Stat. 746.)

EFFECTIVE DATE

Section effective Dec. 18, 1973, see section 14 of Pub. L. 93-191, set out as a note under section 3210 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3216 of this title.

Chapter 34.-ARMED FORCES AND FREE POSTAGE § 3401. Mailing privileges of members of Armed Forces of the United States and of friendly foreign nations.

(b) There shall be transported by air, between Armed Forces post offices which are located outside the 48 contiguous States of the United States or between any such Armed Forces post office and the point of embarkation or debarkation within the United States, the territories and possessions of the United States in the Pacific area, the Commonwealth of Puerto Rico, the Virgin Islands, or the Canal Zone, on a space available basis, on scheduled United States air carriers at rates fixed and determined by the Civil Aeronautics Board in accordance with section 1376 of title 49, the following categories of mail matter:

(1) (A) letter mail or sound-recorded communications having the character of personal correspondence;

(B) parcels not exceeding 15 pounds in weight and 60 inches in length and girth combined; and (C) publications entitled to a periodical publication rate published once each week or more frequently and featuring principally current news of

20-347 0-74-vol. 2-26

interest to members of the Armed Forces and the general public,

which are mailed at or addressed to any such Armed Forces post office;

(2) parcels not exceeding 70 pounds in weight and 100 inches in length and girth combined, which are mailed at any such Armed Forces post office; and

(3) parcels exceeding 15 pounds but not exceeding 70 pounds in weight and not exceeding 100 inches in length and girth combined, including surface-type official mail, which are mailed at or addressed to any such Armed Forces post office where adequate surface transportation is not available.

Whenever adequate service by scheduled United States air carriers is not available to provide transportation of mail matter by air in accordance with this subsection, the transportation of such mail may be authorized by other than scheduled United States air carriers.

(c) Any parcel, other than a parcel mailed at a rate of postage requiring priority of handling and delivery, not exceeding 30 pounds in weight and 60 inches in length and girth combined, which is mailed at or addressed to any Armed Forces post office established under section 406(a) of this title, shall be transported by air on a space available basis on scheduled United States air carriers at rates fixed and determined by the Civil Aeronautics Board in accordance with section 1376 of title 49, upon payment of a fee for such air transportation in addition to the rate of postage otherwise applicable to such a parcel not transported by air. If adequate service by scheduled United States air carriers is not available, any such parcel may be transported by air carriers other than scheduled United States air carriers.

(d) The Department of Defense shall transfer to the Postal Service as postal revenues, out of any appropriations or funds available to the Department of Defense, as a necessary expense of the appropriations or funds and of the activities concerned, the equivalent amount of postage due, as determined by the Postal Service, for matter sent in the mails under authority of subsection (a) in this section.

(e) The Department of Defense shall transfer to the Postal Service as Postal revenues, out of any appropriations or funds available to the Department of Defense, as a necessary expense of the appropriations or funds and of the activities concerned, sums equal to the expenses incurred by the Postal Service, as determined by the Postal Service, in providing air transportation for mail mailed at or addressed

to Armed Forces post offices established under section 406 of this title, but reimbursement under this subsection shall not include the expense of air transportation (1) for which the Postal Service collects a special charge to the extent the special charge covers the additional expense of air transportation or (2) that is provided by the Postal Service at the same postage rate or charge for mail which is neither mailed at nor addressed to an Armed Forces post office.

(f) This section shall be administered under such conditions, and under such regulations, as the Postal Service and the Secretary of Defense jointly may prescribe. (As amended Pub. L. 92-469, §§ 1, 2, Oct. 6, 1972, 86 Stat. 782, 783.)

AMENDMENTS

1972 Subsec. (b)(1). Pub. L. 92-469, § 1, substituted "15" for "5" pounds in cl. (B), redesignated former subsec. (b) (2) as (b) (1) (C), and deleted therefrom former cls. reading "(A) in an overseas area designated by the President under subsection (a) of this section, or (B) in an isolated, hardship, or combat support area overseas, or where adequate surface transportation is not available”. Subsec. (b) (2). Pub. L. 92–469, § 1, added subsec. (b) (2). Former subsec. (b) (2) redesignated subsec. (b) (1) (C). Subsec. (b) (3). Pub. L. 92-469, § 1, substituted "15" for "5" pounds.

Subsec. (c). Pub. L. 92-469, § 2(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsecs. (d)-(f). Pub. L. 92-469, § 2(1), redesignated former subsecs. (c)-(e) as (d)-(f).

Chapter 36.-POSTAL RATES, CLASSES, AND SERVICES

§3685. Filing of information relating to periodical publications.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 section 611.

PART V.-TRANSPORTATION OF MAIL

Chapter 50.-GENERAL

§ 5005. Mail transportation

(b) (1)

(2) A contract under subsection (a) (4) of this section may be renewed at the existing rate by mutual agreement between the contractor or subcontractor and the Postal Service.

(As amended Pub. L. 92-286, May 1, 1972, 86 Stat. 133.)

AMENDMENTS

1972-Subsec. (b) (2). Pub. L. 92-286 substituted "contractor or subcontractor" for "holder".

Chap.

TITLE 40.-PUBLIC BUILDINGS, PROPERTY, AND WORKS

19. Capitol and White House Pennsylvania Avenue Development [New]..--

Sec.

871

Chapter 1.-PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF COLUMBIA

§ 13n. Same; jurisdiction and powers of special police and Metropolitan Police force.

POWER TO ENFORCE AND MAKE ARRESTS FOR VIOLATIONS OF LAWS OF THE DISTRICT OF COLUMBIA Pub. L. 93-198, title VII, § 739 (g) (8), Dec. 24, 1973, 87 Stat. 829, amended this section, effective January 2, 1975, if title IV of Pub. L. 93-198 is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum to be conducted before May 24, 1974, by substituting ", any law of the District of Columbia, or any State," for "or of any State."

§ 14a. Repealed. Pub. L. 92-317, §3(f), June 22, 1972, 86 Stat. 235.

Section, act Apr. 29, 1926, ch. 195, title III, 44 Stat. 356, related to care, maintenance etc., of Bureau of Standards building.

§ 31. Use of public buildings for public ceremonies.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 286d. § 33a. Construction of office buildings by wholly owned Government corporations.

CODIFICATION

Section, Pub. L. 87-125, title V, § 507, Aug. 3, 1961, 75 Stat. 283, prohibiting the use of funds available to wholly owned Government corporations for purchase or construction of office buildings without specific authority in law, was a part of the General Government Matters, Department of Commerce, and Related Agencies Appropriation Act, 1962, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following appropriations acts:

1960-July 12, 1960, Pub. L. 86-642, title II, § 207, 74 Stat. 478.

1959-July 8, 1959, Pub. L. 86-79, title II, § 207, 73 Stat. 166.

1958 June 25, 1958, Pub. L. 85-468, title II, § 207, 72 Stat. 225.

1957-June 5, 1957, Pub. L. 84-48, title II, § 207, 71 Stat. 54.

1956-June 13, 1956, ch. 385, title II, § 207, 70 Stat. 281. 1955-June 29, 1955, ch. 226, title II, § 207, 69 Stat. 196. 1954-Aug. 26, 1954, ch. 935, ch. XIII, § 1307, 68 Stat. 829. 1953-Aug. 7, 1953, ch. 340, ch XIII, § 1307, 67 Stat. 436. 1952-July 15, 1952, ch. 758 ch XIV, § 1407, 66 Stat. 660. 1951-Nov. 1, 1951, ch. 664, ch. XIII, § 1307, 65 Stat. 756. 1949-Aug. 24, 1949, ch. 506, title III, § 307, 63 Stat. 662. 1948-June 30, 1948, ch. 773, title III, § 302, 62 Stat. 1194. 1947-July 30, 1947, ch. 358, title III, § 302, 60 Stat. 583. 1946 July 20, 1946, ch. 589, title III, § 302, 60 Stat. 595. §34. Rent of buildings in District of Columbia; contracts not to be made until appropriation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 287b. Page 1491

§ 71a. Federal and District planning agencies in National Capital.

(a)(1) National Capital Planning Commission; creation; central Federal agency; functions; excepted functions.

The National Capital Planning Commission (hereinafter referred to as the "Commission") is created as the central Federal planning agency for the Federal Government in the National Capital, and to preserve the important historical and natural features thereof, except with respect to the United States Capitol buildings and grounds as defined in sections 193a and 193m of this title, and to any extension thereof or additions thereto, or to buildings and grounds under the care of the Architect of the Capitol.

(a)(2) Commissioner of District of Columbia; central local agency; functions; excepted functions; comprehensive plan for District: procedures for citizen participation and consultations with nonfederal agencies.

The Commissioner of the District of Columbia (hereinafter referred to as the "Commissioner") shall be the central planning agency for the government of the District of Columbia (hereinafter referred to as the "District") in the National Capital. The Commissioner shall be responsible for coordinating the planning activities of the District government and for preparing and implementing the District elements of the comprehensive plan for the National Capital, which may include land use elements, urban renewal and redevelopment elements, a multiyear program of public works for the District, and physical, social, economic, transportation, and population elements. The Commissioner's planning responsibility shall not extend to Federal or international projects and developments in the District, as determined by the Commission, or to the United States Capitol buildings and grounds as defined in sections 193a and 193m of this title, or to any extension thereof or additions thereto, or to buildings and grounds under the care of the Architect of the Capitol. In carrying out his responsibility under this section, the Commissioner shall establish procedures for citizen participation in the planning process, and for appropriate meaningful consultation with any State or local government or planning agency in the National Capital region affected by any aspect of a comprehensive plan (including amendments thereto) affecting or relating to the District.

(a) (3) Comprehensive plan for District; functions of Commissioner and Council respecting impact on Federal Establishment.

The Commissioner shall submit each District element of the comprehensive plan and any amendment thereto, to the Council for revision or modification, and adoption, by act, following public hearings. Following adoption and prior to implementation, the

Council shall submit each such element or amendment to the Commission for review and comment with regard to the impact of such element or amendment on the interests or functions of the Federal Establishment in the National Capital.

(a)(4) Same; certifications; incorporation and implementation; Council's action; joint publication of Federal activities elements and District elements; time limitation extension, authority of Council; joint establishment of procedures for consultations throughout planning process.

(A) The Commission shall, within sixty days after receipt of such a District element of the comprehensive plan, or amendment thereto, from the Council, certify to the Council whether such element or amendment has a negative impact on the interests or functions of the Federal Establishment in the National Capital. If within such sixty days the Commission takes no action with respect to such element or amendment, such element or amendment shall be deemed to have no such negative impact, and such element or amendment shall be incorporated into the comprehensive plan for the National Capital and shall be implemented.

(B) If the Commission finds, within such sixty days, such negative impact, it shall certify its findings and recommendations with respect to such negative impact to the Council. Upon receipt of the Commission's findings and recommendations, the Council may

(i) reject such findings and recommendations and resubmit such element or amendment, in a modified form, to the Commission for reconsideration; or

(ii) accept such findings and recommendations and modify such element or amendment accordingly.

If the Council accepts such findings and recommendations and modifies such element or amendment under clause (ii), the Council shall submit such element or amendment to the Commission for it to determine whether such modification has been made in accordance with the Commission's findings and recommendations. If, within thirty days after receipt of the modified element or amendment, the Commission takes no action with respect to such element or amendment, it shall be deemed to have been modified in accordance with such findings or recommendations, and shall be incorporated into the comprehensive plan for the National Capital and shall be implemented. If within such thirty days, the Commission again determines such element or amendment to have a negative impact on the functions or interests of the Federal Establishment in the National Capital such element or amendment shall not be implemented.

(C) If the Council rejects the findings and recommendations of the Commission and resubmits a modified element or amendment to it under clause (i), the Commission shall, within sixty days after receipt of such modified element or amendment from the Council, determine whether such modified element or amendment has a negative impact on the interests or functions of the Federal Establishment within the National Capital. If the Commission finds such negative impact it shall certify its findings (in

sufficient detail that the Council can understand the basis of the objection of the Commission) and recommendations to the Council, and such element or amendment shall not be implemented. If the Commission takes no action with respect to such modified element or amendment within such sixty days, such modified element or amendment shall be deemed to have no such negative impact and shall be incorporated into the comprehensive plan and it shall be implemented. Any element or amendment which the Commission has determined to have a negative impact on the Federal Establishment in the National Capital, and which is submitted again in a modified form not less than one year from the day it was last rejected by the Commission shall be deemed to be a new element or amendment for purposes of the review procedure specified in this section.

(D) The Commission and the Commissioner shall jointly publish, from time to time as appropriate, a comprehensive plan for the National Capital, consisting of the elements of the comprehensive plan for the Federal activities in the National Capital developed by the Commission, and the District elements developed by the Commissioner and the Council in accordance with the provisions of this section.

(E) The Council may grant, upon request made to it by the Commission, an extension of any time limitation contained in this section.

(F) The Commission and the Commissioner shall jointly establish procedures for appropriate meaningful continuing consultation throughout the planning process for the National Capital.

(b) National Capital Planning Commission; official members; citizen members: qualifications, terms of office, vacancies, compensation. The National Capital Planning Commission shall be composed of—

(1) ex officio, the Secretary of the Interior, the Secretary of Defense, the Administrator of the General Services Administration, the Commissioner, the Chairman of the District of Columbia Council, and the chairmen of the Committees on the District of Columbia of the Senate and the House of Representatives, or such alternates as each such person may from time to time designate to serve in his stead, and in addition,

(2) five citizens with experience in city or regional planning, three of whom shall be appointed by the President and two of whom shall be appointed by the Commissioner. The citizen members appointed by the Commissioner shall be bona fide residents of the District of Columbia and of the three appointed by the President at least one shall be a bona fide resident of Virginia and at least one shall be a bona fide resident of Maryland. The terms of office of the members appointed by the President shall be for six years, except that of the members first appointed, the President shall designate one to serve two years and one to serve four years. Members appointed by the Commissioner shall serve for four years. The members first appointed under this section shall assume their office on January 2, 1975. Any person appointed to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The citizen members shall each re

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