52 STAT.] 75TH CONG., 3D SESS.--CH. 601-JUNE 23, 1938 (3) In the case of any air carrier holding a contract under the provisions of the Act of March 8, 1928, as amended (45 Stat. 248), providing for the carriage of mails of foreign countries for the account of the United States, this subsection shall apply only upon the cancelation of such contract as provided in this section. Evidence of Performance of Mail Service (j) Air carriers transporting or handling United States mail shall submit, under oath, when and in such form as may be required by the Postmaster General, evidence of the performance of mail service; and air carriers transporting or handling mails of foreign countries shall submit, under oath, when and in such form as may be required by the Postmaster General, evidence of the amount of such mails transported or handled, and the compensation payable and received therefor. Emergency Mail Service (k) In the event of emergency caused by flood, fire, or other calamitous visitation, the Postmaster General is authorized to con- tract, without advertising, for the transportation by aircraft of any or all classes of mail to or from localities affected by such calamity, where available facilities of persons authorized to transport mail to or from such localities are inadequate to meet the requirements of the Postal Service during such emergency. Such contracts may be only for such periods as may be necessitated, for the maintenance of mail service, by the inadequacy of such other facilities. No oper- ation pursuant to any such contract, for such period, shall be air transportation within the purview of this Act. Payment of com- pensation for service performed under such contracts shall be made, at rates provided in such contracts, from appropriations for the transportation of mail by the means normally used for transporting the mail transported under such contracts. Experimental Air-Mail Service (1) Nothing contained in this Act shall be construed to repeal in whole or in part the provisions of sections 1, 2, and 6 of the Act entitled "An Act to provide for experimental air-mail service, to further develop safety, efficiency, economy, and for other purposes," approved April 15, 1938 (Public, Numbered 486, Seventy-fifth Con- gress; chapter 157, third session). The transportation of mail under contracts entered into under such sections shall not, except for sections 401 (1) and 416 (b), be deemed to be "air transportation" as used in this Act and the rates of compensation for such trans- portation of mail shall not be fixed under this Act. Such Act of April 15, 1938, is amended by striking out so much of the first section as reads "the Secretary of Commerce shall prescribe in accordance with the authority vested in him under the Air Com- merce Act of 1926, as amended" and inserting in lieu thereof the following: "may be prescribed in accordance with the Civil Aero- nautics Act of 1938". Free Travel for Postal Employees (m) Every air carrier carrying the mails shall carry on any plane that it operates and without charge therefor, the persons in charge of the mails when on duty, and such duly accredited agents and officers of the Post Office Department, and post office inspectors, while travel- 997 Contracts providing for carriage of mails of foreign countries for account of United States. 45 Stat. 248, 1449. 39 U.S. C.§ 46a. Evidence of per formance of mafl service. Emergency mail service. Experimental air- mail service. Ante, pp. 218, 219. Transportation of mall; when deemed not "air transporta- tion." Ante, p. 990; post, p. 1005 . Contracts and oper- ation. Textual change. Ante, p. 219. Free travel for post- al employees.
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