S6188 CONGRESSIONAL RECORD— SENATE May 4, 1995 

the Senate to effect this delicate balance, and to implement an immigration policy that is both tough and fair. 

The administration’s proposal is a 

great step in this direction.

f 

∑ 

TRIBUTE TO DR. RAY STOWERS 

∑ Mr. NICKLES. Mr. President, I rise 

today to congratulate a fellow Oklahoman, Ray Stowers, D.O. on his recent 

appointment to the Physicians Payment Review Commission [PPRC]. 

Dr. Stowers is an osteopathic, family 

practice physician from Medford, OK. 

Since his first year in practice, Dr. 

Stowers has remained dedicated to the 

advancement of rural family medical 

practice, evidenced by his service as a 

faculty member of the Oklahoma State 

University College of Osteopathic Medicine. During this time, Dr. Stowers 

maintained his office at the rural site 

for the Enid Memorial Hospital providing exceptional health care for the 

individuals in that community. 

One of Dr. Stowers’ many successes 

occurred when he was appointed by the 

Governor of Oklahoma to serve on the 

board of the Task Force on Rural 

Health Care issues which was responsible for advising the Governor on the 

State’s health care manpower needs, 

and for convening a statewide conference to discuss rural health care delivery issues. 

Dr. Stowers is also an expert in physician payment issues. Since 1992, he 

has served on the American Medical 

Association’s Relative Value Update 

Committee [RUC]. As the first osteopathic physician appointed to serve on 

this committee, Ray has facilitated 

greater understanding, collaboration, 

and teamwork between the osteopathic 

medical profession and the allopathic 

physician community, and has lent his 

considerable expertise on physician 

practices to the RUC proceedings. 

Since 1994, he has also served as the osteopathic profession’s liaison to the 

American Academy of Physicians regarding reimbursement, certification, 

legislation, and managed care options. 

Since PPRC was established by Congress in 1986, an osteopathic physician 

has never served on the Commission. 

Dr. Stowers’ appointment makes him 

the first osteopathic physician to serve 

on the Commission and the medical 

profession could not have put forth a 

finer candidate. Dr. Stowers represents 

what is best about medicine and physicians in America today. During the 

time when the trend to become a specialized physician is so strong and 

promises such great rewards, he has remained dedicated to the path of providing solo, rural family medicine for 

over 21 years. 

Dr. Stowers has served his family, his 

profession, his community, and his 

State of Oklahoma well. The entire 

country will now benefit from the same 

service of compassion and integrity. 

Dr. Stowers, the State of Oklahoma is 

proud of your accomplishments. I am 

honored to join your family, friends, 

and colleagues in wishing you every 

success as you embark on your next 

challenge of serving on the Physician 

Payment Review Commission.

f 

∑ 

ARSON AWARENESS WEEK 

∑ Mr. ROTH. Mr. President, this is 

Arson Awareness Week. In the time it 

will take me to finish my first sentence, arson fires will destroy at least 

$600 worth of property in this country. 

That is an annual cost of more than $2 

billion. And while in recent years arson 

has accounted for just over 15 percent 

of building fires, it has accounted for 

more than 30 percent of the dollar loss. 

This, Mr. President, is a problem we 

all pay for. We pay for it in higher 

property insurance premiums and in 

higher taxes. 

Analysis of 1987 to 1991 fires by the 

National Fire Protection Association 

found that residential arson averaged a 

cost of $14,000 per fire. Fires set in 

stores, offices, and restaurants averaged a cost of $30,000 per fire. And 

arson fires in manufacturing sites averaged more than $65,000. 

Beyond the obvious economic costs 

associated with homes and businesses 

lost to arson, there is a severe social 

consequence. In many cases the remnants from acts of arson end up as 

hangouts and havens for drug dealers, 

prostitutes, and other criminal elements. Put simply, arson breeds crime 

in more ways than one, contributing to 

fear and frustration, especially in our 

Nation’s cities. 

Finally—and more importantly—we 

pay for the heinous crime of arson in a 

way that cannot be measured—a loss 

that is beyond monetary considerations. This, of course, is the loss of 

life. Every year, Mr. President, more 

than 700 people—men, women, and children—die in arson fires. Beyond the 

deaths, there are the tortured survivors, people who often end up physically or emotionally scarred. 

National Arson Awareness Week 

sponsored by the International Association of Arson Investigators begins 

the week of May 1. It serves to remind 

us of one of the more notorious and unfortunate chapters in recent American 

history, the series of devastating fires 

set over 3 days in Los Angeles in 1992. 

May 1 is the anniversary of the day 

those fires ended. It is my sincere hope 

that by focusing on the tragedy that is 

always, in one way, associated with 

arson, we can minimize, and even bring 

an end to this horrible crime. 

As we focus attention on arson, we 

will better understand who sets fires 

and under what circumstances. Based 

on arson arrests, juveniles set approximately half of arson fires, usually as a 

way to commit vandalism. However, 

my definition of juveniles is broader 

than just teenagers. Of those arrested, 

6 percent are under 10 years old. 

However, it is the adult arsonists 

who are the most sophisticated and 

who cause the greater amount of destruction. Revenge often serves as a 

motive for their arson. In 1990, in New 

York City, a man who was angry with 

his girlfriend, set fire to the restaurant 

where she worked. The end result was 

the death of 87 people turning his hateful act into the second-deadliest fire of 

the past 30 years. 

What is being done to reduce the 

threat of arson? Many things. 

Insurance companies report information on suspicious fires to the Property 

Insurance Loss Register, a national 

database, which police and fire officials 

use to investigate fires and prosecute 

arsonists. While this is not a recent development, increased use will pay bigger dividends as the amount of information in the database grows. 

Also, firefighters have long received 

training in arson detection. Some even 

specialize in the field. They are highly 

trained and skilled in determining a 

fire’s origin. 

Recently, dogs have also assumed a 

new role, the role of a fire investigator’s best friend. These specially 

trained dogs are sometimes able to 

sniff out what started a fire, such as 

gasoline, when human investigators 

cannot. 

I am encouraged by the progress and 

the dedicated men and women who 

dedicate themselves to our safety. 

Arson Awareness Week is one way we 

can demonstrate our gratitude and encourage the rest of America to join us 

in fighting this destructive and pointless crime.∑ 

f 

DEMOCRACY IN TANZANIA 

∑ Mr. SIMON. Mr. President, I speak to 

you today about an African country 

that could, this year, take another 

major step on the path toward democracy. 

The Republic of Tanzania was formed 

in 1964 through the merger of two independent States: the East African State, 

Tanganyika, and the independent island, Zanzibar. From 1965 until his retirement in 1985, President Julius 

Nyere, one of the greatest of African 

statesman, headed the Tanzanian Government. 

For most of its history, the Republic 

of Tanzania has had a single party political system. In 1985, President Nyere 

was succeeded by their current leader, 

President Ali Hassan Mwinyi in a single party election. President Mwinyi 

won that election with no opposition 

and 96 percent of the vote. In 1990, 

President Mwinyi was again the sole 

candidate in the Presidential elections. 

Again, he won with 95.5 percent of the 

votes. 

In 1992, Tanzania formally adopted 

constitutional amendments providing 

for a multiparty system. This constitutional change was not forced on the 

Government by a popular uprising. Instead, it was recommended by a Presidential commission and adopted by the 

ruling party, the Chama Cha Mapinduzi 

[CCM] party. I commend President 

Mwinyi for his leadership in moving 

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May 4, 1995 CONGRESSIONAL RECORD— SENATE S6189 

Tanzania a step forward on the road to 

greater democracy and freedom. 

Since mid-1992, numerous opposition 

parties have been registered in Tanzania and multiparty elections have 

been held at local and the parliamentary by election levels. Yet, as of the 

results available at the end of 1994, new 

political parties won only 7 percent of 

the seats in contested elections. Half of 

the elections were uncontested. While 

the Constitution recognizes a multiparty system, the electoral policies and 

practices of Tanzania continue to support a single-party government. 

Clearly, a decision to hold multiparty elections does not mean that democracy, political rights and civil liberties have been fully embraced. Freedom House, a highly respected nonprofit organization that monitors political rights and civil liberties worldwide, rates Tanzania as not free. Likewise the Carter Center describes Tanzania as being moderately democratic, 

reflecting that while the Government 

of Tanzania makes formal commitments to a democratic transition, their 

deeds are not yet commensurate with 

their pledges. 

In October 1995, Tanzania will hold 

its first national multiparty election. 

This could be, given transparent and 

unbiased election practices, a major 

achievement in the political life of 

Tanzania. But now is the time for the 

Government of Tanzania to match the 

rhetoric of democracy with the tangible actions needed for real democracy 

to blossom and flourish. 

Constitutional adoption of multiparty elections has provided an opportunity for greater democracy. Freedom 

of the press, equal access to the public 

media—particularly the national 

radio—for all political parties, and a 

politically independent election commission will move democracy closer to 

a reality. Tanzania has made some 

progress in recent months. It can make 

significantly more in the months 

ahead. I encourage Tanzania’s leaders 

to move forward to provide a level 

playing field for all political parties for 

their upcoming national elections.

f 

∑ 

ORDERS FOR FRIDAY, MAY 5, 1995 

Mr. DOLE. Mr. President, my understanding is that this request has been 

cleared with the Democratic leader, 

Senator DASCHLE. 

I ask unanimous consent that when 

the Senate completes its business 

today it stand in recess until the hour 

of 10 a.m. on Friday, May 5; that, following the prayer, the Journal of proceedings be deemed approved to date; 

that the time for the two leaders be reserved for their use later in day; and, 

that there then be a period for the 

transaction of morning business not to 

extend beyond the hour of 11 a.m. with 

Senators permitted to speak therein 

for up to 5 minutes each, except for the 

following: Senator DORGAN for 20 minutes. 

I further ask unanimous consent that 

at the hour of 11 a.m. the Senate resume consideration of H.R. 956, the 

product liability bill. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

PROGRAM 

Mr. DOLE. For the information of all 

Senators, shortly after the Senate resumes consideration of the product liability bill on Friday, I hope to be able 

to lay down a new substitute amendment for discussion for the remainder 

of Friday’s session. A cloture motion 

will be filed on the substitute, and I 

hope we can reach an agreement for 

that cloture vote to occur at approximately 1:30 on Monday. 

f 

ORDER FOR RECESS UNTIL 

TOMORROW 

Mr. DOLE. If there is no further business to come before the Senate, I now 

ask unanimous consent that the Senate stand in recess under the previous 

order following the remarks of Senator 

SPECTER, who I understand is on the 

way to the floor. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. DOLE. I suggest the absence of a 

quorum. 

The PRESIDING OFFICER. The 

clerk will please call the roll. 

The assistant legislative clerk proceeded to call the roll. 

Mr. LOTT. Mr. President, I ask unanimous consent that the order for the 

quorum call be rescinded. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

CLOTURE VOTE TO OCCUR AT 4 

P.M. ON MONDAY, MAY 8, 1995 

Mr. LOTT. Mr. President, at the direction of the majority leader, in consultation with the minority, I would 

like to make one change in the leader’s 

earlier announcement. 

A cloture motion will be filed on the 

substitute, and the cloture vote will 

occur at approximately 4 p.m. on Monday, instead of 11:30. This is to accommodate the maximum number of Members for that vote. 

Under the prior arrangement, I believe Senator SPECTER will be recognized at this point for his remarks. 

I yield the floor, Mr. President. 

Mr. SPECTER. Mr. President, I suggest the absence of a quorum, Mr. 

President. 

The PRESIDING OFFICER. The 

clerk will call the roll. 

The assistant legislative clerk proceeded to call the roll. 

Mr. SPECTER. Mr. President, I ask 

unanimous consent that the order for 

the quorum call be rescinded. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

PRODUCT LIABILITY BILL 

Mr. SPECTER. Mr. President, I have 

sought recognition to make a few comments on the pending product liability 

bill and the cloture votes which were 

taken today; that is, the vote to close 

off debate so that there could be a vote 

on the bill ultimately on final passage, 

with the rules of our body having unlimited debate and the rules of our 

Senate requiring there be 60 Senators 

join on what is called cloture to close 

off debate, and we had two such votes 

today. One was 46 in favor, 53 against. 

The second was 47 in favor and 52 

against. So it is obvious on the current 

State of the record, the Senate is long 

away from having 60 votes to close off 

debate and move to a final decision on 

product liability. 

I think that when there are significant, really major, really fundamental 

changes to a system as profoundly important as the legal system in the 

United States, that it is a matter that 

requires very, very careful deliberation, and it is appropriate for the cloture route to be followed and for 60 

votes to be required to pass legislation 

of this importance, of this far-reaching 

nature. 

Mr. President, I have stated on the 

floor of the Senate on a number of occasions that I believe that reforms are 

warranted on product liability, but I 

think they have to be very, very carefully crafted. I believe that after experience representing both plaintiffs and 

defendants in litigation and having had 

substantial experience in products liability litigation. 

The matter came up in the last Congress, and I voted for cloture at that 

time in the hopes that we could get a 

carefully crafted bill. I think that it is 

appropriate to have a bill which would 

provide for alternative dispute resolution, as is provided in the current legislation, to adopt the collateral source 

rule which is contested. But it provides 

that if an individual has bought insurance and has collected on his or her 

own insurance policy, then that individual cannot collect again in a lawsuit. The plaintiffs and the individuals 

and the consumers objected to collateral source rule on the ground that the 

individual has paid for it so that whatever benefit is received from the insurance policy ought not to be discounted 

for the defendant. But I think that on 

balance, given all the factors, that it is 

appropriate to limit that aspect of a 

plaintiff’s recovery. 

I believe that it is worthwhile to 

have a tightening of the rules on frivolous lawsuits, and perhaps the frivolous 

lawsuit is really at the core of the litigation problem in America today, lawsuits which are brought without any 

real merit or without any real foundation. 

I think that if we could set the rules 

to discourage, to eliminate frivolous 

lawsuits, we would have really solved 

most of the problem that is present in 

the litigation system today, to stop 

lawsuits which are being brought 

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