[Congressional Record Volume 150, Number 131 (Tuesday, November 16, 2004)]
[Senate]
[Pages S11382-S11384]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 469--SUPPORTING THE GOALS AND IDEAS OF NATIONAL TIME 
      OUT DAY TO PROMOTE THE ADOPTION OF THE JOINT COMMISSION ON 
   ACCREDITATION OF HEALTHCARE ORGANIZATIONS' UNIVERSAL PROTOCOL FOR 
                PREVENTING ERRORS IN THE OPERATING ROOM

  Ms. LANDRIEU (for herself, Mr. Durbin, and Mr. Santorum) submitted 
the following resolution; which was referred to the Committee on 
Health, Education, Labor, and Pensions:

                              S. Res. 469

       Whereas according to an Institute of Medicine report 
     entitled ``To Err is Human: Building a Safer Health System'', 
     published in 2000, between 44,000 and 98,000 hospitalized 
     people in the United States die each year due to medical 
     errors, and untold thousands more suffer injury or illness as 
     a result of preventable errors;
       Whereas there are more than 40,000,000 inpatient surgery 
     procedures and 31,000,000 outpatient surgery procedures 
     performed annually in the United States;
       Whereas for the first time, nurses, surgeons, and hospitals 
     throughout the country are being required by the Joint 
     Commission on Accreditation of Healthcare Organizations to 
     adopt a common set of operating room procedures in order to 
     help curb the alarming number of deaths and injuries due to 
     medical errors;
       Whereas the Joint Commission on Accreditation of Healthcare 
     Organizations has developed a universal protocol, endorsed by

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     more than 50 national healthcare organizations, which calls 
     for surgical teams to call a ``time out'' before surgeries 
     begin in order to verify the patient's identity, the 
     procedure to be performed, and the site of the procedure;
       Whereas 4,579 accredited hospitals, 1,261 ambulatory care 
     facilities, and 131 accredited office-based surgery centers 
     will be required by the Joint Commission on Accreditation of 
     Healthcare Organizations to adopt the universal protocol 
     beginning July 1, 2004;
       Whereas the Association of periOperative Registered Nurses 
     has created an Internet website and distributed 55,000 tool 
     kits to healthcare professionals throughout the country to 
     assist them in implementing the universal protocol; and
       Whereas the Association of periOperative Registered Nurses, 
     the Joint Commission on Accreditation of Healthcare 
     Organizations, the American College of Surgeons, the American 
     Society of Anesthesiologists, the American Hospital 
     Association, and the American Society for Healthcare Risk 
     Management are celebrating National Time Out Day on June 23, 
     2004, to promote the adoption of the Joint Commission on 
     Accreditation of Healthcare Organizations' universal protocol 
     for preventing errors in the operating room: Now, therefore, 
     be it
       Resolved, That the Senate--
       (1) supports the goals and ideas of National Time Out Day, 
     as designated by the Association of periOperative Registered 
     Nurses and endorsed by the American College of Surgeons, the 
     American Society of Anesthesiologists, the American Hospital 
     Association, and the American Society for Healthcare Risk 
     Management, to promote the adoption of the Joint Commission 
     on Accreditation of Healthcare Organizations' universal 
     protocol for preventing errors in the operating room; and
       (2) congratulates perioperative nurses and representatives 
     of surgical teams for working together to reduce medical 
     errors to ensure the improved health and safety of surgical 
     patients.

  Ms. LANDRIEU. Mr. President, we have all heard the expression, ``To 
err is human.'' We teach our children that mistakes are okay because we 
learn from them. However, there are some mistakes that are more costly 
to make than others. In 2000, the Institute of Medicine released a 
report entitled, ``To Err is Human: Building a Safer Health System.'' 
The report revealed the following devastating statistic: every year, 
between 44,000 and 98,000 hospitalized people in the United States die 
due to medical errors.
  Science has not yet found a cure for cancer or even the common cold, 
but it has discovered a way to prevent the thousands of fatalities that 
occur every year due to medical errors. The Joint Commission on 
Accreditation of Healthcare Organizations developed a universal 
protocol that calls for surgical teams to literally call a ``time out'' 
before surgeries begin. This ``time out'' serves a brief period for 
surgeons and nurses to verify the patient's identity, the procedure to 
be performed, and the site of the procedure. Endorsed by the American 
College of Surgeons, the American Society of Anesthesiologists, the 
American Hospital Association, the Association of Perioperative 
Registered Nurses, and the American Society for Healthcare Risk 
Management, this idea of a ``time out'' may seem almost simplistic, but 
the fact of the matter is even the best surgeon in the world can make a 
very costly mistake if he or she does not stop for a moment for surgery 
and take a ``time out.''
  Therefore, it is my pleasure to rise today to submit this resolution, 
which promotes a National Time Out Day and promotes the adoption of the 
Joint Commission on Accreditation of Healthcare Organization's 
universal protocol for preventing errors in the operating room.
  To err may be human, but for the thousands of relatives that are 
currently sitting in a hospital waiting room, waiting for a loved one 
to come out of surgery, human error is not an acceptable answer.
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  SENATE CONCURRENT RESOLUTION 145--TO CORRECT THE ENROLLMENT OF H.R. 
                                  1417

  Mr. HATCH (for himself and Mr. Leahy) submitted the following 
concurrent resolution; which was considered and agreed to:

                            S. Con. Res. 145

       Resolved by the Senate (the House of Representatives 
     concurring), That in the enrollment of H.R. 1417, an Act to 
     amend title 17, United States Code, to replace copyright 
     arbitration royalty panels with Copyright Royalty Judges, and 
     for other purposes (the Copyright Royalty and Distribution 
     Reform Act of 2004), the Clerk of the House of 
     Representatives shall make the following corrections:
       (1) In section 801 of title 17, United States Code, as 
     amended by section 3(a) of H.R. 1417--
       (A) in subsection (b)(7)(A)--
       (i) in clause (i), strike ``the other participants'' and 
     insert ``participants''; and
       (ii) in clause (ii), strike ``any other participant 
     described in subparagraph (A)'' and insert ``any participant 
     described in clause (i)'';
       (B) in subsection (b)(7)(B), strike ``118(b) (2) or (3)'' 
     and insert ``118(b)(2)'';
       (C) in subsection (b)(8), insert a comma after ``802(g)''; 
     and
       (D) in subsection (c), strike ``As provided in section 
     801(f)(1), the'' and insert ``The''.
       (2) In section 802 of title 17, United States Code, as 
     amended by section 3(a) of H.R. 1417--
       (A) in subsection (a)(1), in the second sentence--
       (i) strike ``two Copyright'' and insert ``2 Copyright''; 
     and
       (ii) strike ``one shall'' and insert ``1 shall'';
       (B) in subsection (c)--
       (i) strike ``appointed the Chief Copyright'' and insert 
     ``appointed as the Chief Copyright''; and
       (ii) strike ``appointed Copyright'' and insert ``appointed 
     as Copyright''; and
       (C) in subsection (f)--
       (i) in paragraph (1)(A)(ii), strike ``14 days of receipt by 
     the Register of Copyrights of all'' and insert ``14 days 
     after the Register of Copyrights receives all'';
       (ii) in paragraph (1)(B)(i)--

       (I) strike ``The Register shall'' and insert ``The Register 
     of Copyrights shall'';
       (II) strike ``30 days of receipt by the Register of 
     Copyrights of all'' and insert ``30 days after the Register 
     of Copyrights receives all''; and
       (III) in the last sentence, insert ``to the Copyright 
     Royalty Judges'' after ``is timely delivered'';

       (iii) in paragraph (1)(D)--

       (I) insert after the second sentence the following: ``The 
     Register of Copyrights shall issue such written decision not 
     later than 60 days after the date on which the final 
     determination by the Copyright Royalty Judges is issued.'';
       (II) in the following sentence, insert a comma after ``such 
     written decision'';
       (III) strike ``section 802(f)(1)(D)'' and insert ``this 
     subparagraph'';
       (IV) strike ``notification and undertakes to consult with'' 
     and insert ``notification to, and undertakes to consult 
     with,''; and
       (V) strike ``fails within reasonable period after receipt 
     of such notification'' and insert ``fails, within a 
     reasonable period after receiving such notification,''.

       (3) In section 803 of title 17, United States Code, as 
     amended by section 3(a) of H.R. 1417--
       (A) in subsection (a)(1), strike ``Librarian of Congress, 
     copyright arbitration royalty panels,'' and insert ``the 
     Librarian of Congress,'';
       (B) in subsection (b)--
       (i) in paragraph (1), amend subparagraph (A)(i) to read as 
     follows:
       ``(A) Call for petitions to participate.--(i) The Copyright 
     Royalty Judges shall cause to be published in the Federal 
     Register notice of commencement of proceedings under this 
     chapter, calling for the filing of petitions to participate 
     in a proceeding under this chapter for the purpose of making 
     the relevant determination under section 111, 112, 114, 115, 
     116, 118, 119, 1004, or 1007, as the case may be--
       ``(I) promptly upon a determination made under section 
     804(a);
       ``(II) by no later than January 5 of a year specified in 
     paragraph (2) of section 804(b) for the commencement of 
     proceedings;
       ``(III) by no later than January 5 of a year specified in 
     subparagraph (A) or (B) of paragraph (3) of section 804(b) 
     for the commencement of proceedings, or as otherwise provided 
     in subparagraph (A) or (C) of such paragraph for the 
     commencement of proceedings;
       ``(IV) as provided under section 804(b)(8); or
       ``(V) by no later than January 5 of a year specified in any 
     other provision of section 804(b) for the filing of petitions 
     for the commencement of proceedings, if a petition has not 
     been filed by that date.'';
       (ii) in clause (ii) of paragraph (1)(A)--

       (I) strike ``proceeding, under clause (i)'' and insert 
     ``proceeding under clause (i)''; and
       (II) strike ``section 803(b)(3)'' and insert ``paragraph 
     (3)'';

       (iii) in paragraph (4)(A), strike ``a participant in the 
     proceeding asserts a claim in the amount of'' and insert 
     ``the contested amount of a claim is'';
       (iv) in paragraph (6)(C)--

       (I) in clause (iv), insert a comma after ``orders'';
       (II) in clause (v), strike ``according to'' and insert ``in 
     accordance with''; and
       (III) in clause (vi)(I), strike ``absent the discovery 
     sought'' and insert ``, absent the discovery sought,'';

       (v) in clause (vii), strike ``interrogatories and'' and 
     insert ``interrogatories, and''; and
       (vi) in clause (ix)--

       (I) in the first sentence, insert a comma after ``give 
     testimony'' and insert a comma after ``inspection of 
     documents or tangible things''; and
       (II) in the last sentence, strike ``subparagraph'' and 
     insert ``clause'';

       (C) in subsection (c)--
       (i) in paragraph (1), strike ``(b)(3)(C)(x)'' and insert 
     ``(b)(6)(C)(x)'';

[[Page S11384]]

       (ii) in paragraph (2)--

       (I) in subparagraph (A)--

       (aa) insert ``in a proceeding'' after ``a participant''; 
     and
       (bb) strike ``a proceeding is issued'' and insert ``the 
     proceeding is issued'';

       (II) in subparagraph (B), strike ``their initial 
     determination concerning rates and terms to the participants 
     in the proceeding'' and insert ``to the participants in the 
     proceeding their initial determination concerning rates and 
     terms''; and
       (III) in subparagraph (C), strike ``except as provided 
     under subsection (d)(1)'' and insert ``except that 
     nonparticipation may give rise to the limitations with 
     respect to judicial review provided for in subsection 
     (d)(1)''; and

       (iii) in paragraph (6), strike ``Following review of the 
     determination by the Register of Copyrights under section 
     802(f)(1)(D)'' and insert ``By no later than the end of the 
     60-day period provided in section 802(f)(1)(D)''; and
       (D) in the second sentence of subsection (d)(2)(A), strike 
     ``transmission service'' and insert ``licensee''.
       (4) In section 5(b)(1)--
       (A) in subparagraph (A), strike ``and'' at the end;
       (B) strike subparagraph (B); and
       (C) redesignate subparagraphs (C) and (D) as subparagraphs 
     (B) and (C), respectively.
       (5) In the amendment made by section 5(b)(1)(A)--
       (A) strike ``5-year periods'' and insert ``5-year period''; 
     and
       (B) strike ``such other periods'' and insert ``such other 
     period''.
       (6) Strike paragraph (3) of section 5(b) and insert the 
     following:
       ``(3) in paragraph (5), by striking `determination by a 
     copyright arbitration royalty panel or decision by the 
     Librarian of Congress' and inserting `decision by the 
     Librarian of Congress or determination by the Copyright 
     Royalty Judges' '';
       (7) In the amendment made by section 5(c)(1)(A)(i)--
       (A) strike ``5-year periods'' and insert ``the 5-year 
     period''; and
       (B) strike ``different transitional periods are provided in 
     section 804(b), or such periods'' and insert ``a different 
     transitional period is provided under section 6(b)(3) of the 
     Copyright Royalty and Distribution Reform Act of 2004, or 
     such other period''.
       (8) In the amendment made by section 5(c)(1)(B)(i), strike 
     `in section 804(b)'' and insert ``under section 6(b)(3) of 
     the Copyright Royalty and Distribution Reform Act of 2004''.
       (9) In the amendment made by section 5(c)(2)(A)--
       (A) strike ``5-year periods'' and insert ``the 5-year 
     period''; and
       (B) strike ``different transitional periods are provided in 
     section 804(b), or such periods'' and insert ``a different 
     transitional period is provided under section 6(b)(3) of the 
     Copyright Royalty and Distribution Reform Act of 2004, or 
     such other period''.
       (10) In the amendment made by section 5(c)(2)(B)(i), strike 
     `in section 804(b)'' and insert ``under section 6(b)(3) of 
     the Copyright Royalty and Distribution Reform Act of 2004''.
       (11) Strike paragraph (3) of section 5(c) and insert the 
     following:
       ``(3) in paragraph (3), by striking `determination by a 
     copyright arbitration royalty panel or decision by the 
     Librarian of Congress' and inserting `decision by the 
     Librarian of Congress or determination by the Copyright 
     Royalty Judges' ''; and
       (12) In section 5(c)(4)(B), insert ``of subparagraph (A) 
     the following:'' after ``by adding after the first 
     sentence''.
       (13) In the amendment made by section 5(d)(3)(A), strike 
     ``during periods'' and insert ``during the period''.
       (14) In section 5(d)(4)--
       (A) strike ``and'' at the end of subparagraph (B);
       (B) add ``and'' after the semicolon at the end of 
     subparagraph (C); and
       (C) add after subparagraph (C) the following:
       ``(D) in the last sentence, by striking `Librarian of 
     Congress' and inserting `Copyright Royalty Judges' ''.
       (15) In the amendment made by section 5(d)(5)(A)(i), strike 
     ``, Copyright Royalty Judges, or a copyright arbitration 
     royalty panel to the extent those determinations were 
     accepted by the Librarian of Congress'' and insert ``or 
     Copyright Royalty Judges''.
       (16) In the amendment made by section 5(f)(1)(B)--
       (A) strike ``, a copyright arbitration royalty panel,''; 
     and
       (B) strike ``to the extent that they were accepted by the 
     Librarian of Congress,''.
       (17) In section 5, insert the following after subsection 
     (g) and redesignate succeeding subsections accordingly:
       ``(h) Ratemaking for Satellite Carriers.--Section 119(c) of 
     title 17, United States Code, is amended--
       ``(1) in paragraph (2)--
       ``(A) in subparagraph (B), by striking `Librarian of 
     Congress' and inserting `Copyright Royalty Judges'; and
       ``(B) in subparagraph (C), by striking `Register of 
     Copyrights shall prescribe' and inserting `Copyright Royalty 
     Judges shall prescribe as provided in section 803(b)(6)'; and
       ``(2) in paragraph (3)--
       ``(A) in subparagraph (A)--
       ``(i) by striking `arbitration proceedings' and inserting 
     `proceedings'; and
       ``(ii) by striking `arbitration proceeding' and inserting 
     `proceedings';
       ``(B) in subparagraph (B)--
       ``(i) by striking `copyright arbitration royalty panel 
     appointed under chapter 8' and inserting `Copyright Royalty 
     Judges'; and
       ``(ii) by striking `panel shall base its decision' and 
     inserting `Copyright Royalty Judges shall base their 
     determination'; and
       ``(C) in subparagraph (C)--
       ``(i) in the heading, by striking `decision of arbitration 
     panel or order of librarian' and inserting `determination 
     under chapter 8'; and
       ``(ii) by striking clauses (i) and (ii) and inserting the 
     following:
       `` (i) is made by the Copyright Royalty Judges pursuant to 
     this paragraph and becomes final, or
       `` (ii) is made by the court on appeal under section 
     803(d)(3),'.''
       (18) In the first sentence of section 6(b)(1)--
       (A) strike ``date of enactment of this Act'' and insert 
     ``effective date provided in subsection (a)''; and
       (B) strike ``such date of enactment'' and insert ``such 
     effective date''.
       (19) Strike paragraph (2) of section 6(b) and insert the 
     following:
       ``(2) Certain royalty rate proceedings.--Notwithstanding 
     paragraph (1), the amendments made by this Act shall not 
     affect proceedings to determine royalty rates pursuant to 
     section 119(c) of title 17, United States Code, that are 
     commenced before January 31, 2006.''

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