Page:Congressional Record Volume 81 Part 3.djvu/33

1937 The CHAIRMAN. The question is on the adoption of the committee substitute, as amended, for the Senate Joint resolution.

The committee substitute as amended was agreed to.

The CHAIRMAN. Under the rule, the Committee rises. Accordingly the Committee rose; and the Speaker having resumed the chair, Mr. Warren, Chairman of the Committee of the Whole House on the state of the Union, reported that that Committee, having had under consideration Senate Joint Resolution 51, the Neutrality Act of 1937, pursuant to House Resolution 151, he reported the joint jesclution back to the House with an amendment adopted by the Committee of the Whole.

The SPEAKER. Under the rule, the previous question is ordered.

The question is on the amendment.

The amendment Is to strike out all after the resolving clause and insert the following:

That this act may be cited as the Neutrality Act of 1937. {{c|{{smaller|DEFINITIONS}} Sec. 2. For the purposes of this act—

(a) The term "United States”, when used in a geographical sense,, means the continental United States, the Territories and Insular possessions of the United States (including the Philippine Islands), the Canal Zone, and the District of Columbia.

(b) The term "person” means a natural person, corporation, partnership, organization, or association.

(c) The term "vessel” means every description of watercraft (including aircraft) or other contrivance used, or capable of be¬ ing used, as a means of transportation on, under, or over water.

(d) The term "American vessel” means any vessel (including aircraft) documented under the laws of the United States.

(e) The term “vehicle” means every description of carriage (including aircraft) or other contrivance used, or capable of being used, as a means of transportation on or over land.

(f) The term "Board" means the National Munitions Control Board. {{c|{{smaller|EXPORT OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR}} }} Sec. 3. (a) Whenever the President shall find that there exists a state of war between, or among, two or more foreign states, the President shall proclaim 6uch fact, and it shall thereafter be unlawful to export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from any place in the United States to any belligerent state, named in the proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state.

(b) The President shall, from time to time, by proclamation, extend 6uch embargo upon the export of arms, ammunition, or implements of war to other states as and when they may become involved in such war.

(c) Whenever the President shall find that a state of civil strife exists in a foreign state and that 6uch armed conflict is of such a magnitude, or is being conducted under such conditions that the export of arms, ammunition, or implements of war from the United States to said foreign state would threaten or endanger the peace of the United States, the President shall proclaim such fact, and it shall thereafter be unlawful to export arms, ammunition, or implements of war from any place in the United States, or possessions of the United States, to any such state or to any other state for transshipment to, or for use in, the state named in the proclamation.

(d) The President, by proclamation, shall definitely enumerate the arms, ammunition, or implements of war, the export of which is prohibited by this section.

(e) When in the Judgment of the President the conditions which have caused him to issue his proclamation or proclamations have ceased to exist, he shall revoke the same and the provisions hereof shall thereupon cease to apply, except with respect to offenses committed, or forfeitures Incurred prior to such revocation. {{c|{{smaller|EXPORT OF OTHER ARTICLES AND MATERIALS}} }} Sec. 4 (a) Whenever the President shall have issued a proclamation or proclamations as provided in section 3 of this act and he shall thereafter find that the placing of restrictions on the shipment of certain articles or materials in addition to arms, ammunition, and implements of war from the United States to said belligerents named in the proclamation Issued under said section 3, or to a state wherein civil strife has been proclaimed to exist, is deemed necessary to promote the security and preserve the peace or neutrality of the United States or to protect the lives and commerce of nationals of the United States, he shall so proclaim and it shall thereafter be unlawful, except under such limitations and exceptions as the President may prescribe, for any American vessel to carry such articles or materials overseas to any belligerent state, or any state wherein civil strife exists, named In said proclamation or proclamations issued under section 3 of this act, or to any other state for transshipment to, or for the use of, such belligerent states or within such state where civil strife exists. The President shall by proclamation from time to time definitely enumerate the articles and materials which It shall be unlawful for American vessels to transport.

(b) Whenever the President shall have issued a proclamation or proclamations under section 3 of this act and he shall thereafter find that the placing of further restrictions on exportation of commodities from the United States to the belligerents, or to any state wherein civil strife exists, is necessary to promote the security and preserve the peace or neutrality of the United States or to protect the lives or commerce of nationals of the United States, he shall so proclaim and it shall thereafter be unlawful except under such limitations and exceptions as the President may prescribe to export or transport from the United States to any belligerent state or state wherein civil strife exists named in said proclamation or proclamations issued' under section 3 of this act, or to any other state for transshipment to, or for the use of, such belligerent state or such state wherein civil strife exists, any articles or materials other than personal goods and effects whatever until all right, title, and interest therein shall have been transferred to some foreign government, agency, institution, association, partnership, corporation, or national. The shipper of such, articles or materials shall be required to file with the collector of the port from which they are to be exported a declaration under oath that there exists in American citizens no right, title, or interest in such articles or materials, and to comply with such rules and regulations as shall be promulgated by the President. Any such declaration so filed shall be a conclusive estoppel against any claim of any American citizen of right, title, or interest in such articles or materials.

Insurance written by American underwriters on any articles or materials, the exportation of which Is prohibited by this act, or on articles carried by an American vessel or airship contrary to subsection (a) of this section shall not be deemed an American interest therein, and no Insurance policy Issued on such articles or materials and no loss incurred thereunder shall be made a basts of any claim put forward by the Government of the United States.

(c) The President shall from time to time by proclamation extend such restrictions as are Imposed under this section to other states as and when they may be declared to become belligerents under proclamations Issued under section 3 of this act.

(d) The President may from time to time change, modify, or revoke in whole or in part any proclamations issued by him under this section.

(e) Any proclamation Issued by the President under this section shall apply equally to all belligerents.

(f) Except with respect to prosecutions "committed or forfeitures incurred prior to May 1. 1939. this section and all proclamations thereunder Bhall not be effective after May 1, 1939. {{c|{{smaller|FINANCIAL TRANSACTIONS}} }} Sec. 5. (a) Whenever the President shall have issued a proclamation as provided for in section 3 of this act, it shall thereafter during the period of the war or civil strife be unlawful for any person within the United States to purchase, 6ell, or exchange bonds, securities, or other obligations of the government of any belligerent state or state wherein civil strife exists, or of any political subdivision thereof, or of any person acting for or on behalf of such government, or on behalf of any faction of any state wherein civil strife exists, Issued after the date of such proclamation, or to make any loan or extend any credit to any such government or person, or to solicit or receive any contribution for any such government, or ^political subdivision, or faction, or any person acting for or on behalf of such government or subdivision, provided, That if the President shall find that such action will serve to protect the commercial or other Interests of the United States or its nationals, he may, in his discretion, and to such extent and under such regulations as he may prescribe, except from the operation of this section ordinary commercial credits and short-time obligations in aid of legal transactions and of a character customarily used In normal peacetime commercial transactions. Nothing in this subsection (a) shall be construed to prohibit the solicitation or collection of funds to be used for medical aid and assistance or for food and clothing to relieve human suffering when made for a person, or persons, or organization when not acting for or on behalf of such government or political faction wherein civil strife exists.

(b) The provisions of this section shall not apply to a renewal or adjustment of such indebtedness as may exist on the date of the President’s proclamation.

(c) Whoever shall violate the provisions of this section or of any regulations issued hereunder shall, upon conviction thereof, be fined not more than $50,000 or imprisoned for not more than 5 years, or both. Should the violation be by a corporation, organization, or association, each officer or agent thereof participating In the violation may be liable to the penalty herein prescribed.

(d) When the President shall have revoked his proclamation as provided for in section 3 of this act, the provisions of this section and of any regulations Issued by the President hereunder shall thereupon cease to apply. {{c|{{smaller|AMERICAN VESSELS PROHIBITED FROM CARRYING ARMS}} }} Sec. 6. Whenever the President shall issue a proclamation provided for in section 3 of this act, thereafter, until the proclamation shall have been revoked, it shall be unlawful for any American vessel to carry any arms, ammunition, or Implements of war to any belligerent state named In such proclamation as being at war or to a state wherein civil strife is proclaimed to exist, or to any other state for transshipment to, or for the use of, a belligerent state or a state wherein civil strife is proclaimed to exist.

Whoever, in violation of the provisions of this section, shall take, attempt to take, or shall authorize, hire, or solicit another to take {{div col end}}