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"(2) (A) Of the Governors first appointed by the Presi

2 dent, 1 shall be appointed for a term of 1 year, 1 shall be 3 appointed for a term of 4 years, and 1 .shall be appointed 4 for a term of 9 years, as designated by the President at the 5 time of appointment.

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"(B) Of the Governors first appointed by the Presi7 dent pro tempore of the Senate, 1 shall be appointed for a 8 term of 2 years, 1 shall be appointed for a term of 5 years, 9 and 1 shall be appointed for a term of 8 years, as designated 10 by the President pro tempore of the Senate at the time of 11 appointment.

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"(C) Of the Governors first appointed by the Speaker 13 of the House of Representatives, 1 shall be appointed for a 14 term of 3 years, 1 shall be appointed for a term of 6 years, 15 and 1 shall be appointed for a term of 7 years, as designated 16 by the Speaker at the time of appointment.

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"(3) Any Governor appointed to fill a vacancy before 18 the expiration of the term for which his predecessor was ap19 pointed shall serve for the remainder of such term.". 20 (c) The term of office of each individual who is a 21 Governor of the Board of Governors holding office on the 22 date of the enactment of this Act shall lapse upon such date 23 of enactment, except that such individuals shall continue to 24 hold office and exercise their duties and functions under 25 title 39, United States Code, during the period beginning

1 on such date of enactment and ending at the close of the 2 thirtieth day following the appointment and qualification 3 of all the Governors of the Board of Governors appointed 4 under section 202 (a) of such title, as amended by subsec5 tion (a). Such individuals shall receive compensation during

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such period at the rate provided by such section 202 (a). 7 (d) Any decision or other action which is made or S taken by the Board of Governors or by the Governors of 9 the Board of Governors before the date of the enactment 10 of this Act or during the period described in subsection (c) 11 and which is in effect at the close of such period, shall con12 tinue in effect until modified, terminated, superseded, or 13 repealed, through any action taken under title 39, United 14 States Code, through action taken by a court of competent 15 jurisdiction, or by operation of law.

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FACTORS RELATING TO RATE OR FEE CHANGES

SEC. 9. Section 3622 (b) of title 39, United States 18 Code, is amended by striking out "and" at the end of para19 graph (7), by redesignating paragraph (8) as paragraph

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(9), and by inserting immediately after paragraph (7) the

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"(8) the educational, cultural, scientific, and infor

mational value to the recipient of mailed materials; and".

1 APPLICATION TO POSTAL SERVICE OF ADMINISTRATIVE

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PROCEDURE PROVISIONS OF TITLE 5

SEC. 10. (a) Section 410 (a) of title 39, United States

4 Code, is amended by striking out ", including the provisions

5 of chapters 5 and 7 of title 5,".

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(b) Section 410 (b) of title 39, United States Code, 7 is amended—

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(1) by striking out the period at the end of paragraph (6) and inserting in lieu thereof "; and"; and (2) by adding at the end thereof the following new paragraph:

"(7) chapter 5 (administrative procedure) and chapter 7 (judicial review) of title 5.".

REVISION OF LAWS RELATING TO PRIVATE CARRIAGE OF

LETTERS

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SEC. 11. (a) Chapter 6 of title 39, United States Code,

17 is amended by adding at the end thereof the following new

18 section:

19 "8 607. Definitions

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"(a) As used in this chapter and in sections 1693 21 through 1699 of title 18, the term 'letter' means a message 22 directed to a specific person or address and recorded in or on a tangible object and any carbon or other limited copy 24 of any such message directed to a specific person or address, 25 except

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"(2) newspapers, periodicals, books, catalogs, microfilms, magnetic tapes, and other material reproduced

in quantity, such as

"(A) checks, stock certificates, promissory notes, bonds, and securities when shipped to or from

financial institutions;

"(B) letters being sent in bulk for storage or

destruction; and

"(C) letters being sent in bulk from a printer or other supplier to his customer; and

"(3) written or printed matter enclosed with

cargo, including invoices, circulars, advertising, labels, instructions, and messages printed on the merchandise or container.

"(b) As used in subsection (a) of this section, the term 17 'writing' includes handwriting, typewriting, printing on pa18 per cr film, the punching of holes, magnetic symbols on tape, 19 and any other process by which characters or symbols hav20 ing a predetermined significance are physically represented 21 in a form readable by human beings or machines.

22 "(c) As used. in subsection (a) (2) (A) of this sec23 tion, the term 'checks' includes documents intrinsically re24 lated to and regularly accompanying the movement of 25 checks within the banking system, return items (whether or

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1 not bearing notations), and instruments that call for the 2 crediting or debiting of accounts maintained at financial in3 stitutions which must be acted upon promptly by reason of 4 the rules under which the financial institutions operate or the 5 nature of the transaction.

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"(d) As used in subsections (a) (2) (A) and (c) of

7 this section, the term 'financial institutions' includes

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"(1) as to checks, banks, their offices, affiliates, and facilities; and

"(2) as to other financial instruments, institutions performing functions involving the bulk generation, clearance, and transfer of such instruments.

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(e) Any change at any time in any rule or regulation 14 of the Postal Service governing administration of this chap15 ter by reason of the enactment of this section shall not become 16 effective until after the opportunity for a hearing is accorded 17 interested parties, reasonable public notice is given with 18 respect to such hearing, and a reasonable opportunity is 19 afforded interested parties to be present, to present evidence, 20 and to be heard at any such hearing.".

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(b) The table of sections for chapter 6 of title 39,

22 United States Code, is amended by adding at the end there

23 of the following new item:

"607. Definitions.”.

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