[Congressional Record Volume 143, Number 91 (Wednesday, June 25, 1997)]
[Senate]
[Pages S6362-S6364]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MOYNIHAN (for himself and Mr. D'Amato):
  S. 958. A bill to provide for the redesignation of a portion of State 
Route 17 in New York and Pennsylvania as Interstate Route 86; to the 
Committee on Environment and Public Works.


       The Redesignation of Route 17 as Interstate 86 Act of 1997

  Mr. MOYNIHAN. Mr. President, I rise today with my distinguished 
fellow Senator from New York to introduce legislation that will 
redesignate sections of New York and Pennsylvania Route 17 as 
Interstate 86. The southern tier of New York has waited over 40 years 
for this historic legislation that will correct a mistake made in 1955 
that has contributed to the economic decline of this once prosperous 
region.
  When the original plans were being developed for the New York 
Interstate System, Route 17 was to be designated the main east-west 
interstate route. The (Federal) Bureau of Public Roads thought 
otherwise. They preferred the New York State Thruway which was already 
under construction using state moneys. Albany did not object nor did 
representatives of the region.
  The error had no significance at the time, since no special funding 
was

[[Page S6363]]

available for interstates. The very next year, however, the Federal-Aid 
Highway Act of 1956 was enacted, creating a Highway Trust Fund to be 
funded through gasoline taxes. The Federal Government would now pay 90 
percent of the cost of any interstate segment. The Southern Tier 
Expressway--Route 17--was not eligible for those interstate funds.
  In the 1950's the region was still bustling--IBM was in Binghamton, 
half the television sets in the world were built in Elmira, Corning was 
a high tech contender, and Jamestown was a major manufacturing center. 
What begun as an Indian trail, became a great railroad, and a 
strikingly creative industrial corridor, was allowed to languish.
  It is time we do something about it.
  This legislation we introduce today would finally ameliorate the 
legacy of an opportunity missed long ago.
  The bill would immediately designate 360 miles of Route 17 between 
Erie, PA and Harriman, NY, that meet Federal interstate construction 
standards as Interstate 86, creating connections to I-90, I-390, I-81, 
I-84, and I-87. The remaining 30 miles of Route 17 would be designated 
as a future part of the interstate system and will become I-86 as soon 
as the State Department of Transportation upgrades them. I am confident 
the NYDOT, working together with the Federal Highway Administration, 
will soon have the rest of Route 17 up to interstate standards.
  The southern tier region, along with the rest of Upstate New York, 
has suffered enduring economic hardship and job losses, even as the 
national economy has boomed. The bill I propose to redesignate Route 17 
as I-86 would help enhance the visibility of this important region and 
highlight its potential for business development and tourism.
  I would also like to recognize the efforts of Samara Barend, a 
southern tier native, who was so effective in mobilizing support for 
this issue. I urge my colleagues to join with me in support of this 
most important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 958

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress finds that--
       (1) the designation of a portion of State Route 17 in New 
     York and Pennsylvania as an Interstate route would promote 
     the visibility of the region, the potential of the region for 
     business development and tourism, and the economic regrowth 
     of the region; and
       (2) a major portion of State Route 17 is a logical addition 
     to the Interstate System and will provide an east-west 
     interstate highway that benefits a large region of New York 
     and Pennsylvania that has suffered competitively from the 
     lack of such a highway.

     SEC. 2. DESIGNATION OF PORTION OF STATE ROUTE 17 IN NEW YORK 
                   AND PENNSYLVANIA AS INTERSTATE ROUTE 86.

       (a) In General.--Subject to subsection (b)(2), the portion 
     of State Route 17 located between the junction of State Route 
     17 and Interstate Route 87 in Harriman, New York, and the 
     junction of State Route 17 and Interstate Route 90 near Erie, 
     Pennsylvania, is designated as Interstate Route 86.
       (b) Substandard Features.--
       (1) Upgrading.--Each segment of State Route 17 described in 
     subject (a) that does not substantially meet the Interstate 
     System design standards under section 109(b) of title 23, 
     United States Code, in effect on the date of enactment of 
     this Act shall be upgraded in accordance with plans and 
     schedules developed by the applicable State.
       (2) Designation.--Each segment of State Route 17 that on 
     the date of enactment of this Act is not at least 4 lanes 
     wide, separated by a median, and grade-separated shall--
       (A) be designated as a future part of the Interstate 
     System; and
       (B) become part of Interstate Route 86 at such time as the 
     Secretary of Transportation determines that the segment 
     substantially meets the Interstate System design standards 
     described in paragraph (1).
       (c) Treatment of Route.--
       (1) Mileage limitation.--The mileage of Interstate Route 86 
     designated under subsection (a) shall not be charged against 
     the limitation established by the first sentence of section 
     103(e)(1) of title 23, United States Code.
       (2) Federal financing responsibility--
       (A) In general.--Subject to subparagraph (B), the 
     designation of Interstate Route 86 under subsection (a) shall 
     not create increased Federal financial responsibility with 
     respect to the designated Route.
       (B) Use of certain funds.--A State may use funds available 
     to the State under paragraphs (1) and (5)(B) of section 
     104(b) of title 23, United States Code, to eliminate 
     substandard features, and to resurface, restore, 
     rehabilitate, or reconstruct, any portion of the designated 
     Route.

       By Mr. LAUTENBERG:
  S. 959. A bill to amend chapter 44 of title 18, United States Code, 
to prohibit the sale or transfer of a firearm to, or the possession if 
a firearm by, any person who is introxicated; to the Committee on the 
Judiciary.


                   THE NO GUNS FOR DRUNKS ACT OF 1997

  Mr. LAUTENBERG. Mr. President, today I am introducing legislation to 
prohibit firearm sales to, and possession by, individuals who are 
obviously intoxicated.
  Mr. President, a casual observer might think that this legislation is 
not necessary. Most Americans probably think that it is already illegal 
to sell a gun to a visibly intoxicated person. At the very least, the 
average citizen likely believes that it is only common sense that a gun 
dealer would never sell a gun to a drunk customer. Unfortunately, 
neither assumption is correct. Some gun dealers do sell guns and 
ammunition to visibly intoxicated persons. My bill will deter these 
sales, and punishes those who persist in making such dangerous sales.
  Federal and state laws currently prohibit the sale of alcohol to 
obviously drunk individuals, to protect both the intoxicated individual 
and others. Likewise, it is against the law for intoxicated persons to 
operate a motor vehicle. Unbelievably, it is not against Federal law to 
sell a firearm to a visibly intoxicated individual, or for an 
intoxicated person to possess a firearm.
  Worse still, Mr. President, some firearms dealers simply ignore 
common sense and sell guns and ammunition to any customers if they are 
clearly intoxicated. The absence of a legal prohibition on such sales 
allows these gun dealers to escape liability for the absolutely tragic, 
and foreseeable, consequences of such outrageous conduct.
  For instance, Deborah Kitchen, a mother of five children, is now a 
quadriplegic after being shot by her ex-boyfriend with a rifle he had 
purchased from a Florida K mart. This man was so drunk when he 
purchased the rifle that the store clerk had to fill out the Federal 
firearm purchase form on his behalf. By his own admission, the ex-
boyfriend had consumed a fifth of whisky and a case of beer the day he 
shot Ms. Kitchen. Nevertheless, the store sold him a .22 caliber bolt 
action rifle and a box of bullets. He then used these to paralyze Ms. 
Kitchen from the neck down.
  Ms. Kitchen sued the K mart for it's outrageous conduct. A jury found 
the store liable of common law negligence, and returned a verdict in 
the amount of $12 million. A Florida appeals court overturned the 
jury's verdict, citing the lack of statutory prohibition on the sale of 
firearms to intoxicated persons.
  Or, Mr. President, consider the case of Anthony Buczkowski, who 
suffered severe injury after being shot by a drunken ammunition 
purchaser. William McKay stumbled into a Michigan K mart store after a 
day-long drinking spree. Although obviously drunk and an admitted 
``mess'', he was still sold a box of shotgun shells. He later used this 
ammunition to shoot Mr. Buczkowski. Although the trial court entered a 
judgment against K mart for the damages suffered by Mr. Buczkowski, the 
Michigan Supreme Court reversed, citing a lack of legal prohibition for 
such sales.
  Unfortunately, common sense and a sense of civic obligation have not 
been sufficient enough to deter these sales. Perhaps the threat of 
criminal and civil liability will do the job. Mr. President, it is my 
fervent hope that this legislation, if enacted, will end any future 
sales of guns and ammunition to intoxicated persons.
  Mr. President, I do not claim that most licensed gun dealers do or 
would sell guns or ammunition to intoxicated individuals. But the fact 
is that these sales do occur--and when they happen, the consequences 
can be devastating.
  Mr. President, our country now understands that alcohol and 
automobiles are a deadly mix. Common sense, and heartbreaking 
experience, tells us that alcohol and guns also do not mix. It is time 
that our laws reflect this common sense notion.
  I urge my colleagues to support this bill, and ask unanimous consent 
that a

[[Page S6364]]

copy of the legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 959

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FIREARMS PROHIBITIONS RELATING TO INTOXICATED 
                   PERSONS.

       Section 922(d) of title 18, United States Code, is 
     amended--
       (1) in subsection (d)--
       (A) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (B) by adding at the end the following:
       ``(10) is intoxicated from the use of alcohol or a 
     controlled substance (as that term is defined in section 102 
     of the Controlled Substances Act (21 U.S.C. 802)).''; and
       (2) in subsection (s)(3)(B)--
       (A) in clause (vi), by striking ``and'' at the end;
       (B) in clause (vii), by adding ``and'' at the end;
       (C) by adding at the end the following:
       ``(viii) is not intoxicated from the use of alcohol or a 
     controlled substance (as that term is defined in section 102 
     of the Controlled Substances Act (21 U.S.C. 802));''.
                                 ______