JOURNAL OF THE

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T63.10 MAY 10

The legislative proposal would amend

the Gun-Free School Zones Act by adding the requirement that the Government prove that the firearm has

‘‘moved in or the possession of such

firearm otherwise affects interstate or

foreign commerce.’’

The addition of this jurisdictional

element would limit the Act’s ‘‘reach

to a discrete set of firearm possessions

that additionally have an explicit connection with or effect on interstate

commerce,’’ as the Court stated in

Lopez, and thereby bring it within the

Congress’ Commerce Clause authority.

The Attorney General reported to me

that this proposal would have little, if

any, impact on the ability of prosecutors to charge this offense, for the vast

majority of firearms have ‘‘moved in

. . . commerce’’ before reaching their

eventual possessor.

Furthermore, by also including the

possibility of proving the offense by

showing that the possession of the firearm ‘‘otherwise affects interstate or

foreign commerce,’’ this proposal

would leave open the possibility of

showing, under the facts of a particular

case, that although the firearm itself

may not have ‘‘moved in . . . interstate

or foreign commerce,’’ its possession

nonetheless has a sufficient nexus to

commerce.

The Attorney General has advised

that this proposal does not require the

Government to prove that a defendant

had knowledge that the firearm ‘‘has

moved in or the possession of such firearm otherwise affects interstate or foreign commerce.’’ The defendant must

know only that he or she possesses the

firearm.

I am committed to doing everything

in my power to make schools places

where young people can be secure,

where they can learn, and where parents can be confident that discipline is

enforced.

I pledge that the Administration will

do our part to help make our schools

safe and the neighborhoods around

them safe. We are prepared to work immediately with the Congress to enact

this legislation. I urge the prompt and

favorable consideration of this legislative proposal by the Congress.

WILLIAM J. CLINTON.

THE WHITE HOUSE, May 10, 1995.

By unanimous consent, the message,

together with the accompanying papers, was referred to the Committee on

the Judiciary and ordered to be printed

(H. Doc. 104–72).

T63.10 MESSAGE FROM THE PRESIDENT—

NATIONAL EMERGENCY WITH RESPECT

TO YUGOSLAVIA

The SPEAKER tempore, Mr. WICKER, laid before the House a message

from the President, which was read as

follows:

To the Congress of the United States:

Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides

for the automatic termination of a national emergency unless, prior to the

anniversary date of its declaration, the

President publishes in the Federal Register and transmits to the Congress a

notice stating that the emergency is to

continue in effect beyond the anniversary date. In accordance with this provision, I have sent the enclosed notice

to the Federal Register for publication,

stating that the emergency declared

with respect to the Federal Republic of

Yugoslavia (Serbia and Montenegro),

as expanded to address the actions and

policies of the Bosnian Serb forces and

the authorities in the territory that

they control within the Republic of

Bosnia and Herzegovina, is to continue

in effect beyond May 30, 1995.

The circumstances that led to the

declaration on May 30, 1992, of a national emergency have not been resolved. The Government of the Federal

Republic of Yugoslavia (Serbia and

Montenegro) continues to support

groups seizing and attempting to seize

territory in the Republics of Croatia

and Bosnia and Herzegovina by force

and violence. In addition, on October

25, 1994, I expanded the scope of the national emergency to address the actions and policies of the Bosnian Serb

forces and the authorities in the territory that they control, including their

refusal to accept the proposed territorial settlement of the conflict in the

Republic of Bosnia and Herzegovina.

The actions and policies of the Federal

Republic of Yugoslavia (Serbia and

Montenegro) and the Bosnian Serb

forces and the authorities in the territory that they control pose a continuing unusual and extraordinary

threat to the national security, foreign

policy interests, and the economy of

the United States. For these reasons, I

have determined that it is necessary to

maintain in force the broad authorities

necessary to apply economic pressure

to the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) and to the Bosnian Serb forces

and the authorities in the territory

that they control to reduce their ability to support the continuing civil

strife in the former Yugoslavia.

WILLIAM J. CLINTON.

THE WHITE HOUSE, May 10, 1995.

By unanimous consent, the message,

together with the accompanying papers, was referred to the Committee on

International Relations and ordered to

be printed (H. Doc. 104–73).

T63.11 PROVIDING FOR THE

CONSIDERATION OF H.R. 961

Mr. QUILLEN, by direction of the

Committee on Rules, called up the following resolution (H. Res. 140):

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule XXIII, declare the

House resolved into the Committee of the

Whole House on the state of the Union for

consideration of the bill (H.R. 961) to amend

the Federal Water Pollution Control Act.

The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with

section 302(f) of the Congressional Budget

Act of 1974 are waived. General debate shall

be confined to the bill and shall not exceed

two hours equally divided and controlled by

the chairman and ranking minority member

of the Committee on Transportation and Infrastructure. After general debate the bill

shall be considered for amendment under the

five-minute rule. It shall be in order to consider as an original bill for the purpose of

amendment under the five-minute rule the

amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the

bill. The committee amendment in the nature of a substitute shall be considered by

title rather than by section. The first three

sections and each title of the committee

amendment in the nature of a substitute

shall be considered as read. Points of order

against the committee amendment in the

nature of a substitute for failure to comply

with clause 7 of rule XVI or clause 5(a) of

rule XXI or section 302(f) of the Congressional Budget Act of 1974 are waived. During

consideration of the bill for amendment, the

Chairman of the Committee of the Whole

may accord priority in recognition on the

basis of whether the Member offering an

amendment has caused it to be printed in the

portion of the Congressional Record designated for that purpose in clause 6 of rule

XXIII. Amendments so printed shall be considered as read. Before consideration of any

other amendment it shall be in order to consider the amendment printed in the report of

the Committee on Rules accompanying this

resolution. That amendment may be offered

only by a Member designated in the report,

may amend portions of the bill not yet read

for amendment, shall be considered as read,

shall be debatable for ten minutes equally

divided and controlled by the chairman and

ranking minority member of the Committee

on Transportation and Infrastructure, shall

not be subject to amendment, and shall not

be subject to a demand for division of the

question in the House or in the Committee of

the Whole. If that amendment is adopted,

then the committee amendment in the nature of a substitute as so amended shall be

considered as original text for the purpose of

further amendment. At the conclusion of

consideration of the bill for amendment for

the Committee shall rise and report the bill

to the House with such amendments as may

have been adopted. Any Member may demand a separate vote in the House on an

amendment adopted in the Committee of the

Whole to the bill or to the committee

amendment in the nature of a substitute.

The previous question shall be considered as

ordered on the bill and amendments thereto

to final passage without intervening motion

except one motion to recommit with or without instructions.

When said resolution was considered.

After debate,

On motion of Mr. QUILLEN, the previous question was ordered on the resolution to its adoption or rejection.

The question being put, viva voce,

Will the House agree to said resolution?

The SPEAKER pro tempore, Mr.

WICKER, announced that the yeas had

it.

Mr. BORSKI objected to the vote on

the ground that a quorum was not

present and not voting.

A quorum not being present,

The roll was called under clause 4,

rule XV, and the call was taken by

electronic device.