FDsys

U.S. implementation of the Maritime Labour Convention, 2006

2013-05-16T22:15:00.001-07:00

New Development

The Maritime Labour Convention, 2006 (“MLC 2006”) was adopted by the International Labor Organization (“ILO”) at the 94th Maritime Session of the International Labour Convention (“ILC”) on February 7, 2006, and will enter into force on August 20, 2013. The United States has not ratified MLC 2006; however, on February 11, 2013, the Coast Guard published a notice (“MLC Notice”) in the Federal Register announcing the availability of a draft Navigation and Vessel Inspection Circular (“NVIC”) setting forth proposed Coast Guard policies and procedures regarding the inspection of U.S. vessels for voluntary compliance with MLC 2006. http://www.gpo.gov/fdsys/pkg/FR-2013-02-11/pdf/2013-02956.pdf. The primary purpose of the NVIC is to assist U.S. vessels in avoiding port State control actions in foreign ports of countries that have become party to MLC 2006 by providing for a voluntary inspection program mechanism for U.S.-flag vessels resulting in the issuance of a Statement of Voluntary Compliance, Maritime Labour Convention (“SOVC-MLC”).

Background

MLC 2006 is an international agreement that will essentially revise and replace, upon its effective date, most of the existing ILO maritime labor instruments and recommendations adapted since 1920, and consolidate those labor instruments into one globally applicable and uniformly enforceable legal instrument.

MLC 2006 encompasses and updates the requirements of a number of existing ILO Conventions with the aim of establishing a comprehensive international instrument governing the working and living conditions for seafarers and creating conditions of fair competition for shipowners. With these principles in mind, MLC 2006 establishes specific standards and detailed guidance as to how to implement these standards at the national level though its Articles, Regulations, and Code.

MLC 2006 Regulations and the Code are organized into general areas under five Titles, each of which contains groups of provisions relating to a particular right or principle or enforcement measure, as follows: (1) Title 1 - Minimum requirements for seafarers to work on a ship, which addresses minimum age, medical certificates, training and qualifications, recruitment, and placement; (2) Title 2 - Conditions of employment, which addresses employment agreements, wages, hours of work and rest, leave entitlement, repatriation, compensation in the event of loss of a ship, manning levels, career and skill development, and seafarer employment opportunities; (3) Title 3 - Accommodation, recreational facilities, food and catering, which addresses standards for accommodation, recreational facilities, and food and catering; (4) Title 4 - Health protection, medical care, welfare and social security protection, which addresses medical care, shipowner’s liability, health and safety and accident prevention, access to shore welfare facilities, and social security; (5) Title 5 - Compliance and enforcement, which addresses flag State responsibilities, port State responsibilities, and labor supply responsibilities.

MLC 2006 mandates that commercial vessels that are 500 gross tons and above, whether publicly or privately owned, engaged on international voyages, must demonstrate compliance with the requirements of MLC 2006 by maintaining a Maritime Labour Certificate, to which is annexed a Declaration of Maritime Labour Compliance (“DMLC”) issued by its flag administration. The Maritime Labour Certificate and DMLC must state the specific national requirements implementing MLC 2006 for the working and living conditions of seafarers and the specific measures adopted by the shipowner to ensure compliance with the requirements for the ship. A copy of this certification must be maintained on-board the vessel at all times. Failure to maintain this certification will expose those vessels to potential port State control actions.

Vessels operating under a flag of a country that is not a party to MLC 2006 are also exposed to potential port State control actions where that vessel calls at a port of a country party to MLC 2006. This is because, in addition to establishing minimum requirements for seafarer working conditions and inspection, MLC 2006 also provides for enforcement by countries that are a party to MLC 2006 under the principle of “no more favorable treatment” for ships of a non-party country. Generally, this means that a party to MLC 2006 may take port State action, including potential detention of the vessel, to ensure that a shipowner and operator of a vessel operating under a flag of a non-party is not treated more favorably than a vessel that operates under the flag of a country that is a party to MLC 2006.

Although MLC 2006 was adopted unanimously in 2006, there were two outstanding requirements at that time needed to enable MLC 2006 to come into effect. The first requirement was that at least thirty ILO member countries become party to MLC 2006 and the second requirement was that the ratifying countries represent thirty-three percent (33%) of the world’s gross shipping tonnage. While the later requirement was met in 2009, the former was only recently satisfied in August 2012 with ratification by Russia and the Philippines. At this time, approximately thirty-nine countries have ratified MLC 2006.

Draft Guidelines for U.S. Vessels

The United States has not ratified MLC 2006, and as a result, the Coast Guard will not enforce compliance with MLC 2006 on U.S. vessels or foreign vessels while navigating within U.S. waters. Despite the fact that the United States has not ratified MLC 2006, U.S.-flag vessels are exposed to potential port State action under the “no more favorable treatment clause” as discussed above under the background section. In light of this potential risk, which could include detention at a port in a country that is a party to MLC 2006, the Coast Guard encourages shipowner and operator compliance with MLC 2006. To that end, the U.S. Coast Guard published the MLC Notice.

The NVIC, titled “Guidance Implementing the Maritime Labour Convention, 2006,” clarifies that the NVIC is intended to provide guidance for Coast Guard marine inspectors, Recognized Class Societies (“RCS”), and U.S. vessel owners/operators for meeting the provisions of MLC 2006 and to establish a voluntary inspection program for vessel owners/operators who wish to document compliance with the requirements of MLC 2006. Consistent with MLC 2006, the Guidance applies to ships greater than 500 gross tons on international voyages as well as U.S. commercial vessels less than 500 gross tons, including uninspected commercial vessels, engaging in international voyages to ports of MLC 2006 party nations. Vessels that do not operate in ports of those countries that are a party to MLC 2006 are not required to be in compliance with MLC 2006. The MLC Notice and draft NVIC may be reviewed at http://www.regulations.gov/#!docketDetail;D=USCG-2012-1066.

Similar to the Maritime Labour Certificate and DMLC issued by parties to MLC 2006, the Coast Guard intends to issue a SOVC-MLC to vessels demonstrating compliance with MLC 2006. Shipowners and operators of vessels that fall within the scope of the NVIC are not obligated to obtain a SOVC-MLC certificate, but may voluntarily request inspection to obtain this certificate. The Coast Guard has authorized RCSs to conduct MLC 2006 compliance inspections and issue SOVCs at the request of vessel owners and operators.

Generally, MLC 2006 establishes fourteen areas that are subject to mandatory compliance for certification and the issuance of certificates. These areas that must be inspected for compliance include: minimum age; medical certification; qualifications of seafarers; use of any licensed or certified or regulated private recruitment and placement services; seafarers’ employment agreements; payment of wages; hours of work and rest; manning levels for the ship; accommodation; on-board recreation facilities; food and catering; on-board medical care; health and safety and accident prevention; and on-board complaint procedures. Similar to the MLC 2006 certificate, an inspection conducted by the RCS for the purposes of issuing a SOVC-MLC will confirm compliance with these fourteen points.

The format to the SOVC-MLC will be consistent with the MLC certificate provided in the MLC Code and will be supplemented with a SOVC Declaration of Maritime Labour Compliance, which will reference the applicable U.S. federal rule or regulation applicable to the relevant mandatory area of compliance. To the extent that there is no applicable U.S. rule or regulation, the Coast Guard will defer to the applicable MLC 2006 standard. In addition to stating the current U.S. laws and regulations for the relevant mandatory areas of compliance, the SOVC-MLC must also state the measures adopted by the shipowner or operator to ensure compliance with the laws and regulations.

Once the SOVC-MLC is issued, it must be posted on the vessel in a visible location accessible by the seafarers. The certificates will be valid for a period not exceeding five years or until there has been a material change in circumstance. Foreign country port State control authorities are not obligated to accept the Coast Guard SOVC-MLC, and unless the United States becomes a party MLC 2006, the Coast Guard has no enforcement authority to certify vessels as compliant with the MLC.

Conclusion

At this time, it is unclear how various port State control authorities will implement MLC 2006 requirements when it goes into effect on August 20, 2013. Regardless of whether the United States becomes a party to MLC 2006, however, it behooves U.S.-flag owners and operators to take advantage of this voluntary program to obtain a Coast Guard SOVC-MLC prior to August 20, 2013. Although there is no guarantee that a particular port State control authority will honor the Coast Guard SOVC-MLC, taking action now to schedule an inspection by an owner’s or operator’s RCS to confirm compliance with the mandatory areas of compliance under MLC 2006, will minimize the chances of a port State control authority taking adverse action against a U.S.-flag vessel once MLC 2006 goes into effect.

Source http://www.lexology.com/library/detail.aspx?g=f4b421e9-1008-4feb-8619-205f667b833f

Applications sought to promote rural economy

2013-04-12T01:29:00.000-07:00

Agriculture Secretary Tom Vilsack announced Monday that applications are being accepted from qualified non-profit and public organizations (intermediaries) to provide loans to support rural businesses and community development groups.

Funding, which is intended to spark business expansion and create jobs, will be made available through USDA's Intermediary Relending Program. The announcement is one part of the Department's efforts to strengthen the rural economy.

"This program is a part of the Obama Administration's ongoing effort to leverage private investments with public funds to create jobs and expand economic opportunity for rural entrepreneurs," Vilsack said. "Intermediaries serve as a critical component to boosting local economies."

USDA Rural Development State Director Terry Brunner added, "This program has been successful in leveraging private investments with public funds and expand economic opportunity for rural entrepreneurs," Brunner said. "These loans will continue to help small rural businesses grow, and create jobs."

Brunner is referring to a $400,000 loan that was made to the New Mexico Loan Fund last fall which is using the funding to target ag-producers and small businesses to fund renewable energy systems in communities such as Raton and in Roswell. The rest of the funds will be used to provide sustainability to small businesses in numerous small towns throughout the state.

The IRP is USDA Rural Development's primary program for capitalizing revolving loan funds. USDA lends money to economic development intermediaries (nonprofits and public bodies) who in turn re-lend the funds as commercial loans to rural businesses (ultimate recipients) that might not otherwise be able to obtain such financing. The repayment of the ultimate recipients' loans allows the intermediary to continue to make more loans to new recipients, supporting sustainable economic development. Since President Obama took office, the program has created or saved an estimated 20,000 jobs.

Funds are used to assist with financing business and economic development activity to create or retain jobs in disadvantaged and remote communities. Intermediaries are encouraged to work with state and regional representatives and in partnership with other public and private organizations that can provide complimentary resources.

The USDA says that President Obama's plan for rural America has brought about "historic investment and resulted in stronger rural communities." Under the president's leadership, they say, the investments in housing, community facilities, businesses and infrastructure have empowered rural America to continue leading the way by strengthening America's economy, small towns and rural communities.

USDA, through its Rural Development mission area, has an active portfolio of more than $172 billion in loans and loan guarantees. These programs are designed to improve the economic stability of rural communities, businesses, residents, farmers and ranchers and improve the quality of life in rural America.

The USDA says it has made a concerted effort to deliver results for the American people, even as USDA implements sequestration, the across-the-board budget reductions mandated under terms of the Budget Control Act. USDA has already undertaken efforts since 2009 to save more than $700 million in taxpayer funds through targeted, common-sense budget reductions.

For more information about the Intermediary Relending Program, and to learn about application deadlines, visit http://www.rurdev.usda.gov/BCP_irp.html. For information on how to apply, see page 20883 of the April 8, 2013 Federal Register (http://www.gpo.gov/fdsys/pkg/FR-2013-04-08/html/2013-08186.htm). Applications and forms may be obtained from any Rural Development State Office.

Source http://www.demingheadlight.com/deming-news/ci_22980437/applications-sought-promote-rural-economy

Obamacare Medical Device Tax Faces Likely Symbolic Repeal In Senate

2013-03-22T03:14:00.002-07:00

Opponents of a 2.3 percent tax on medical device companies will likely win passage this week in the U.S. Senate of a largely symbolic resolution calling for repeal of the tax, with some Democrats likely to join all Republicans.

The tax helps to fund President Barack Obama's 2010 healthcare law. It applies to a range of medical products - from bedpans to expensive heart devices - many manufactured in the home states of the senators backing the repeal.

The resolution calling for repeal will be symbolic because it will come in the form of a non-binding amendment to a non-binding budget measure drafted by Senate Democrats. The resolution would not actually repeal the tax.

Full repeal of the tax may be difficult to achieve, given its $30 billion price tag and the opposition of key Senate Democrats, including Majority Leader Harry Reid.

"The industry has a fighting chance of getting the tax moderated or eliminated as part of a much larger tax reform bill, where the device levy becomes a rounding error," said Paul Heldman, a policy analyst at Potomac Research Group. "But major tax reform in this Congress is a long shot."

Nine Senate Democrats are signed up to back the symbolic amendment. More than a dozen Senate Democrats wrote to Reid last year seeking to delay the tax.

Reid does not support repeal. Nor does Senate Finance Committee Chairman Max Baucus, who helped usher Obama's healthcare bill into law. The medical device tax is among several new industry levies in the healthcare overhaul law, which aims to provide health insurance for millions of Americans who lack it.

The law is being implemented. It was declared constitutional by the U.S. Supreme Court last year.

The medical device tax, which went into effect this year, is projected to raise about $30 billion over a decade. That government revenue would be lost if the tax were repealed.

Democratic Senators from Minnesota, Indiana and Pennsylvania, where some big medical technology companies are based, are among those who have been pushing for a repeal.

Industry officials and lawmakers against the tax say it will hurt innovation and job creation. (Reporting by Kim Dixon; Editing by Kevin Drawbaugh and Jan Paschal)

Source http://www.huffingtonpost.com/2013/03/21/obamacare-medical-device-tax_n_2927911.html

Hurricane Sandy Relief Bill "Blows In" Opportunity For States To Adopt Better Building Codes

2013-02-19T01:52:00.002-08:00

The fifty billion dollar (yes, that's $50,000,000,000) Hurricane Sandy Relief Bill (the "Relief Bill") is headed to President Obama's desk for his signature. The Full Text of the bill is available here http://www.gpo.gov/fdsys/pkg/BILLS-113hr152rds/pdf/BILLS-113hr152rds.pdf

The Relief Bill provides several different opportunities for the Federal government to encourage states to adopt up-to-date building codes by tying distribution of the funds to commitments from the states to adopt the most up-to-date building codes.

According to studies by the Multi-Hazard Mitigation Council, for every dollar invested in building code adoption and enforcement, four dollars are saved in recovery costs. As a result, FEMA has been very public about the critical role building codes play in reducing building damage from natural disasters.

David Miller, the Associate Administrator for Federal Insurance and Mitigation Administration at FEMA, testified before the House Committee on Transportation and Infrastructure last year on this issue, concluding:

Post-disaster assessments of many communities have shown a direct relationship between building failures, the codes adopted, the resources directed toward implementation and enforcement, and the services available to support those codes.

Tying emergency relief funds to code adoption would not be new. Department of Energy state energy block grants from the American Reinvestment and Recovery Act (ARRA) were tied to governors' commitments to adopt the 2009 version of the International Energy Conservation Code (IECC) and ASHRAE 90.1-2007, as I posted in greater detail here http://www.greenbuildinglawblog.com/2013/01/articles/codes-1/2009-energy-code-adoptions-required-by-arrawhere-are-they-now/

Two allocations which could logically be tied to building code adoption commitments are the $5.4b allocated to the Federal Emergency Management Agency (FEMA) for the Disaster Relief Fund and the $16b allocated to the Department of Housing and Urban Development (HUD) for "necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization..." (Bill at 74)(emphasis added).

However, in tying emergency fund allocations to code adoption, FEMA and HUD should incorporate some lessons learned through the ARRA commitments. First, the ARRA commitments only related to a one-time adoption of the 2009 energy-related code provisions. Second, there was no reporting required from the states on their progress with adoption and enforcement of the codes. Finally, as I posted here ( http://www.greenbuildinglawblog.com/2013/01/articles/codes-1/2009-energy-code-adoptions-required-by-arrawhere-are-they-now/), enforcement of the commitments has been weak. To be effective, any code-related commitments must require regular code updates, and a mechanism for reporting and recapture of funds for failure to fulfill the code commitments.

Hurricane Andrew ushered in a new era of code adoption on the Gulf Coast. With some encouragement by the Federal government, Hurricane Sandy could have the same effect.

Source http://www.mondaq.com/unitedstates/x/219472/Building+Construction/Hurricane+Sandy+Relief+Bill+Blows+In+Opportunity+For+States+To+Adopt+Better+Building+Codes

Rick Scott Health Care Costs Run Less Than $400 Per Year

2013-01-29T00:03:00.003-08:00

Looking for inexpensive health care? Run for office in the state of Florida.

The Associated Press reported Monday that Gov. Rick Scott (R) and dozens of Sunshine State officials are receiving coverage for their families at less than $400 annually. Back in 2011, the AP reported a similar deal, which at the time applied to more than 30,000 state employees.

This inexpensive benefit comes in lieu of a major decision Scott will have to make regarding Medicaid expansion. Under Obamacare, if Florida decides to extend its program to cover low-income residents who were previously left without coverage, the federal government will pick up a huge slice of the bill -- three years fully paid for, followed by 90 percent thereafter.

The governor's administration has been a leading source of opposition to that piece of Obamacare, with Scott citing figures that overstate the costs of the plan. HuffPost's Jeffrey Young traced the progression of "faulty data" on Jan. 10, explaining how much higher Scott's Medicaid expansion estimates were than the actual numbers.

Three days later, Scott reversed course, admitting that Medicaid expansion would total only $5 billion -- a far cry from the $25.8 billion sum that had been floated in previous months.

Source http://www.huffingtonpost.com/2013/01/28/rick-scott-health-care_n_2569177.html

Russian government protects corrupt officials, says Senator Wicker

2012-12-06T23:01:00.003-08:00

Senator Roger Wicker of Mississippi was granted permission to address the United States Senate to argue in favor of H.R. 6156, the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012.

“I come to the floor today to support this bill. It has a very important twofold purpose: It approves normal trade relations with Russia, and at the same time the legislation insists that the Russian government adhere to the rule of law. It does so by putting consequences in place for those in Russia who abuse basic human rights. Granting PNTR to Russia is a big win for Americans. If Congress does not act, American workers, including millions employed by small businesses, stand to lose out to foreign competitors as Russia opens its market as a new member of the WTO.”

“Many in my home State of Mississippi and around the country deserve to benefit from increased trade that this new relationship would bring. More jobs and greater economic growth are our potential rewards here in the United States. Last year Mississippi's $55 million in exports to Russia helped support an estimated 170 jobs. Certainly this number needs to grow, and I believe it will under this legislation”, he said.

“Yet in realizing the immense trade potential at hand, we cannot ignore the urgent need to address serious concerns about Russia's appalling human rights record. Most agree that the Jackson-Vanik amendment currently in place is an outdated restriction on trade which could hurt American competitiveness. But repeal alone will not suffice when dealing with a country that continues to protect corrupt officials, and that is what the Russian government continues to do”, said Wicker (source: Congressional Record www.gpo.gov/fdsys/pkg/CREC-2012-12-05/pdf/CREC-2012-12-05.pdf ).

Here is what Senator Wickers said about Russia last year (see video: Wicker Speaks on Senate Floor Regarding Russian Human Rights Abuses http://www.youtube.com/watch?v=naM_cAKG_aQ ).

Source http://www.examiner.com/article/russian-government-protects-corrupt-officials-says-senator-wicker

This country has a to do list a mile long, says Courtney

2012-11-26T03:37:00.000-08:00

On November 16, 2012 Congressman Joe Courtney went off on members in Congress for basically neglecting the people business and enjoying too many recesses.

“Mr. Speaker, as is obvious in this room, the business for the week has now concluded. This is a week which commenced on Tuesday; and prior to that, the Congress, the House, had not been in session for 7 weeks despite the fact that this country has a to-do list a mile long in terms of the critical issues that affect our health care system."

"Whether it's doctors' fees that are going to hit a cliff on January 1, a 37 percent cut for Medicare providers of all stripes, particularly in the physician community, we have the fiscal cliff, where tax rates are going to go up for almost every American wage earner if Congress fails to act. We have the sequestration, which is a measure which will be the equivalent of a chain saw going through the government, cutting .2 percent from every budget, whether it's defense or nondefense issues", he said.

“We have a farm bill which needs to be acted upon. We have, again, the 2008 farm bill which was a 5-year measure that has expired; and it's critical for rural America. We need to renew the farm bill. And to give one small example, which the dairy industry has reminded people of, that the price of a gallon of milk starting in January could potentially go as high as $7 if we don't restore and reauthorize the system of price supports that we have in our dairy industry. The Violence Against Women Act expires. Again, a critical measure so that law enforcement officials all across the country can continue the progress that we're making in terms of the issue of domestic violence and violence against children”, he complained.

“Again, the list goes on and on. And, incredibly, despite the fact that we have been out of town for 7 weeks -this House convened on Tuesday and is recessing again today for another week's break”, said Congressman Joe Courtney (source: Congressional Record http://www.gpo.gov/fdsys/pkg/CREC-2012-11-16/pdf/CREC-2012-11-16.pdf ).

Source http://www.examiner.com/article/this-country-has-a-to-do-list-a-mile-long-says-courtney

GPO strategy: Publishing from any source, in any format

2012-11-12T00:03:00.002-08:00

In an environment in which most documents are created, transmitted and consumed electronically, the Government Printing Office has released a five-year strategic plan focused on turning the government’s printer into a digital information platform.

“The demand for printed publications has declined while there has been exponential growth in digital requirements,” the plan says. “GPO is transforming its business model to a content-centric model, focusing on managing content for customer and public use today and tomorrow.” This calls for increased use of electronic media.

The direction is not a new one for the 151-year-old GPO, which has been shifting its focus from ink-on-paper toward digital documents for the last 18 years. What is new is the speed and extent of the transformation, said Acting Public Printer Davita Vance-Cooks.

“Any agency that has lasted as long as we have has had a history of change,” Vance-Cooks said. “The change we are experiencing today is far more rapid than anything we have experienced before.”

The level of sophistication expected by GPO customers is increasing, she said. “We are putting the information into any format that is wanted. We have to make sure that we watch the trends.”

GPO has been making documents and publications available online since 1994, when it created the GPO Access Web site. This was upgraded to the Federal Digital System (FDsys) portal in 2009, which included the ability to digitally sign and authenticate online documents, giving them the status of official records. This is an important element of GPO’s digital document management, Vance-Cooks said.

Source http://gcn.com/articles/2012/11/05/government-printer-authentication-mobile-formats.aspx

Lingle Campaign Criticizes Hirono for Voting Against Funding the Tsunami Warning Network

2012-09-14T03:54:00.002-07:00

U.S. Senate candidate Mazie Hirono earlier this year voted against funding the Tsunami Warning Network that provides Hawaii with early tsunami detection and warnings. The high-tech buoy network faced $4.5 million in cuts in February, and Hirono opposed bipartisan House legislation to fully fund the critical system for FY2013 [1].

"Hirono voted against the best interest of our state – a state in a Tsunami high-risk zone – and against one of our most important life-saving tools, by voting against fully funding the Tsunami Warning Network," said former Director of Hawaii Civil Defense and Linda Lingle Campaign Manager Bob Lee.

Despite Hirono's disregard for her constituency, the House of Representatives voted to strengthen the Tsunami Warning Network by reinstating full funding for education and awareness programs of the National Tsunami Hazard Mitigation Program, and DART buoy network maintenance for FY 2013 [2], according to Lee.

"Hirono continues to demonstrate a fundamental misunderstanding of the critical issues facing Hawaii, putting the people of Hawaii at an unnecessary risk. When push comes to shove, Mazie Hirono does not stand up for what is best for Hawaii," Lee added.

"Conversely, through Governor Lingle's leadership, Hawaii vastly improved its state civil defense operations. In 2005, Hawaii became the first state in the nation to earn the National Oceanic and Atmospheric Association's (NOAA) National Weather Service StormReady and TsunamiReady designations. Through the StormReady and TsunamiReady programs, Hawaii became better prepared to protect the lives and property of its residents and visitors during severe weather events. This readiness was aptly demonstrated in the safe and timely evacuations for our coastline communities statewide during the Chile Tsunami of February 27, 2010 and during the Japan (Tohoku) tsunami of March 11, 2011," Lee concluded.

Source http://www.hawaiireporter.com/lingle-campaign-criticizes-hirono-for-voting-against-funding-the-tsunami-warning-network/123

Lab-developed tests covered by TRICARE may help guide breast cancer treatment choices

2012-08-03T03:11:00.000-07:00

FALLS CHURCH, Va.Some TRICARE beneficiaries will soon be able to take advantage of new technologies aimed at helping patients and health care providers make more informed decisions regarding treatment options for surgery, chemotherapy or radiation therapy for some types of cancer.

On May 22, two laboratory-developed tests were approved for coverage by TRICARE under a demonstration project: the BRAC Analysis BRCA1 and BRCA2 tests (Myriad Genetic Laboratories, Inc.), and the Oncotype DX Breast Cancer Assay (Genomic Health, Inc.).

BRACAnalysis testing assesses a woman's risk of developing hereditary breast or ovarian cancers based on detection of mutations in their BRCA1 and BRCA2 genes.

The Oncotype DX breast cancer assay is a test that examines a breast cancer patient's tumor tissue at the molecular level; specifically, it is hoped that this information can help individualize the planning of the patient's breast cancer treatment. The complete description of this demonstration project is available at www.gpo.gov/fdsys/pkg/FR-2011-12-27/html/2011-33066.htm.

The criteria for which of these tests will be covered by TRICARE are scheduled to be published in the TRICARE Operations Manual in August 2012. TRICARE providers will be prepared to accept patients under the demonstration project by Sept. 30; however, coverage for the approved use of these tests is retroactive to May 22. Beneficiaries should speak with their primary health care professional or their regional contractor to determine their eligibility for having these tests performed as a TRICARE benefit. Find regional contractor contact information at www.tricare.mil/contactus.

Source http://www.capflyer.com/article/20120803/NEWS09/708039885/lab-developed-tests-covered-by-tricare-may-help-guide-breast-cancer

Catch Up on FDsys Webinars

2012-07-03T21:25:00.003-07:00

Have you missed any of the recent educational webinars on GPO’s Federal Digital System (FDsys)? Would you like to share past FDsys webinars with your staff? Recent webinars cover introductory information on navigating FDsys, basic and advanced search techniques, working with search results, tracking legislation, and tracking regulations. Visit the new FDsys webinar archive. Here you can view FDsys webinar recordings and download session slides and handouts. Subscribe to the RSS feed and be alerted when new webinars are posted.

Source http://fdlp.gov/component/content/article/19-general/1300-catch-up-fdsys-webinars?directory=54

FORMER PUBLIC PRINTER ROBERT W. HOUK REMEMBERED BY GPO

2011-12-06T22:03:00.000-08:00

Robert W. Houk, who served as Public Printer of the United States at the U.S. Government Printing Office (GPO) from March 1990 to February 1993, died Sunday, December 4, at his home in Shelby, OH. He was 84. Houk served as the Nation’s 22nd Public Printer after being appointed by President George H.W. Bush. During his three years as the head of GPO, Houk issued a strategic plan for the agency that embraced the use of electronic information technologies while improving the provision of conventional printing and distribution services. Houk also testified before Congress in support of early legislation to provide GPO with electronic dissemination authority.

Houk was a native of Michigan and graduate of Michigan State University. He began his career in the printing industry at the Ford Motor Company in 1954, where he helped modernize printed business forms management and procurement. He also cofounded UFORMA, Inc., in 1965 and held executive positions at the company until 1988. Houk served as Chairman of the Board of Printing Industries of America (PIA). He was inducted into the Printing Hall of Fame at Rochester Institute of Technology in 1988. Houk served in the U.S. Army from 1945 to 1947 and from 1952 to 1954.

“On behalf of the GPO, I extend our sincere condolences to the family of Public Printer Houk,” said Public Printer Bill Boarman. “Public Printer Houk helped guide GPO into the future while ensuring GPO's support for Congress, Federal agencies, and the public we serve."

With 2,200 employees, GPO is the Federal Government's primary resource for producing, procuring, cataloging, indexing, authenticating, disseminating, and preserving the official information products of the U.S. Government in both digital and tangible formats. GPO is responsible for the production and distribution of information products and services for all three branches of the Federal Government, including U.S. passports for the Department of State as well as the official publications of Congress, the White House, and other Federal agencies. In addition to publication sales, GPO provides for permanent public access to Federal Government information at no charge through GPO’s Federal Digital System (www.fdsys.gov) and through partnerships with approximately 1,220 libraries nationwide participating in the Federal Depository Library Program. For more information, please visit www.gpo.gov. Follow GPO on Facebook http://www.facebook.com/USGPO Twitter http://twitter.com/USGPO and on YouTube http://www.youtube.com/user/gpoprinter.

Source http://www.groundreport.com/Business/FORMER-PUBLIC-PRINTER-ROBER-W-HOUK-REMEMBERED-BY-G/2942923

Transparency and Its Discontents

2011-10-04T20:41:00.000-07:00

Remember when you had to wait until the end of the month to see your bank statement?

Last week, on the cusp of failing to pass any annual appropriations bills ahead of the October 1 start of the new fiscal year, congressional leaders came up with a short-term government funding bill (or “continuing resolution”) that would fund the government until November 18th. For whatever reason, that deal (H.R. 2608) wasn’t ready to go before the end of the week, so Congress passed an even shorter-term continuing resolution (H.R. 2017) that funds the government until tomorrow, October 4th.

Every weekend, I hunch over my computer and update key records in the database of WashingtonWatch.com, a government transparency website I run as a non-partisan, non-ideological resource (disclosure: it’s my own, not a Cato project). Then I put a summary of what’s going on into an email like this one (subscribe!) that goes out to 7,000 or so of my closest friends.

Last weekend, the Library of Congress’ THOMAS website, which is one of my resources, was down a good chunk of the time for maintenance. Even after it came up again, some materials such as bill text and committee reports weren’t available. (They had come up by the wee hours this morning.) Maintenance is necessary sometimes, though when the service provider I use for the WashingtonWatch.com email does maintenance, it’s usually for an hour or so in the middle of a weekend night.

But when I went to update the database to reflect last week’s passage of H.R. 2017, I could find no record of its public law number. When a bill becomes a law, it gets a public law number starting with the number of the Congress that passed and then a sequential number, like Public Law No. 112-29. The Government Printing Office’s FDsys system lets you browse public laws. At this writing, it isn’t updated to reflect the passage of new laws last week. When THOMAS came back up, its public laws page also had no data to reflect the passage of that continuing resolution last week (and still doesn’t, also at this writing).

There is barely any news reporting on humdrum details about governing like the passage of a law expending $40 billion in taxpayer funds. (That’s about what H.R. 2017 spends to operate the government four more days, roughly $400 per U.S. family.) Where can you confirm with an official source that this happened?

The winning data resource this week, if by default, is Whitehouse.gov, which has a page dedicated to laws the president has signed. That page says that President Obama signed four new laws on Friday (Sept. 30). When might FDsys or THOMAS reflect this information? It’ll happen soon, and that data will start to propagate out to society.

But I think that’s not soon enough. A couple of days’ delay is a big deal.

If I were to take $400 in cash out of my bank account at an ATM, I could review that transaction from that instant forward on my bank’s website. If I had a concern or even a passing interest, I could just go look. That is an utterly unremarkable service in this day and age.

But it’s remarkable that such a service doesn’t exist in systems that are as important as our bank accounts. When Congress and the president pass a bill to spend $40 billion dollars, the fact of its passage is pretty much undocumented by any official sources until enough Mon-Fri, 9-to-5 work hours have passed.

In my recently published paper, Publication Practices for Transparent Government, I go through the things the government should do to make itself more transparent (thus improving public oversight and producing lots of felicitous outcomes). A practice I cite is “real-time or near-real-time publication.” Why? Because then any of the 300 million Americans who have an interest, real or passing, can see what is happening with their money as it happens, just like they can with their bank holdings. People like me (and many more) can propagate complete and timely information, making it that much more accessible.

When you’re talking about a potential audience of 200 million people and $40 billion in expense (one of the tiniest spending bills—others are much larger), it is not too much to ask to have the data published in real time.

I don’t expect a lot of people to join me at the barricades with pitchforks and torches on this one. Government transparency is an area ruled by implicit demand. People don’t know what they are missing, so they don’t know to suffer a sense of deprivation. I do that for them—all of them. (Heroic, idn’t it?)

Before too long, though, the government’s opacity will be recognized as a contributor to the public’s general—and strong—distaste for all that goes on in Washington, D.C. The idea of spending $400 per U.S. family without documenting every detail of it on the Internet will seem as absurd as waiting until the end of the month to see what happened in your bank account.

Source http://www.cato-at-liberty.org/transparency-and-its-discontents/

Case Study: United States Government Printing Office (US GPO)

2011-07-22T02:16:00.000-07:00

Despite being a free-to-air, public-facing search application, the US GPO’s FDSys project is an extremely useful case study for large-scale enterprise search systems, as it is required to deal with dozens of highly disparate data sources and a wide range of user types about whom nothing can be assumed or predicted. Unlike the vast majority of enterprise search case studies, the resulting search application can be seen and used by the reader which helps to clearly illustrate a number of important best practices for search implementation.

Please click on the link below to open the white paper in a new window, or right click and "Save As"

Please provide a valid email address to access this white paper, which is an instantly downloadable PDF.

USDA Invites Applications for Value Added Producer Grant to Assist Farmers

2011-07-05T23:52:00.000-07:00

Applications are being accepted for grants to provide economic assistance to independent producers, farmer and rancher cooperatives and agricultural producer groups through the Value-Added Producer Grant Program.

Deputy Agriculture Secretary Kathleen Merrigan today announced that applications are being accepted for grants to provide economic assistance to independent producers, farmer and rancher cooperatives and agricultural producer groups through the Value-Added Producer Grant Program.

“By creating value-added products, farmers and ranchers can expand economic opportunities, create jobs and keep wealth in rural communities,” Merrigan said. “These funding opportunities will promote business expansion and entrepreneurship by helping local businesses get access to capital, technical assistance and new markets for their products and services.”

“Investing in the ideas of rural Texans is a direct route to the economic recovery of our rural communities," said Paco Valentin, USDA Rural Development Texas State Director. “I urge rural Texans to take advantage of this funding opportunity to increase the value of their agricultural products and create jobs in their communities.

The application deadline is August 29, 2011. For further details about eligibility rules and application procedures, see, http://www.gpo.gov/fdsys/pkg/FR-2011-06-28/html/2011-16121.htm or the June 28, 2011, Federal Register. Value-Added Producer Grants may be used for feasibility studies or business plans, working capital for marketing value-added agricultural products and for farm-based renewable energy projects. Eligible applicants include independent producers, farmer and rancher cooperatives, and agricultural producer groups. Value-added products are created when a producer increases the consumer value of an agricultural commodity in the production or processing stage.

Visit http://www.rurdev.usda.gov for additional information about the agency's programs or to locate the USDA Rural Development office nearest you.

Source http://www.kbtx.com/money/headlines/USDA_Invites_Applications_for_Value_Added_Producer_Grant_to_Assist_Farmers__125013919.html

FDsys - Browse CHRG

2011-04-19T21:21:00.000-07:00

Congressional Hearings

A hearing is a meeting or session of a Senate, House, joint, or special committee of Congress, usually open to the public, to obtain information and opinions on proposed legislation, conduct an investigation, or evaluate/oversee the activities of a government department or the implementation of a Federal law. In addition, hearings may also be purely exploratory in nature, providing testimony and data about topics of current interest. Most congressional hearings are published two months to two years after they are held.

Not all congressional hearings are available on FDsys - GPO Access. Whether or not a hearing is disseminated on FDsys - GPO Access depends on the committee. GPO continues to add hearings irregularly as they become available during each session of Congress. If a congressional hearing is not listed in the catalog, it is not available electronically via GPO at this time.

FDsys - GPO Access contains contain selected House and Senate hearings for the 105th Congress (1997-98) forward. The House and Senate appropriations hearings for fiscal year 1998 are included. Documents are available as text and PDF. Graphics, including scanned images of camera ready copy are omitted from the ASCII text version but are contained in the PDF files. About the Congressional Hearings.

112th Congress (2011 - 2012)

111th Congress (2009 - 2010)

110th Congress (2007 - 2008)

109th Congress (2005 - 2006)

108th Congress (2003 - 2004)

107th Congress (2001 - 2002)

106th Congress (1999 - 2000)

105th Congress (1997 - 1998)

104th Congress (1995 - 1996)

100th Congress (1987 - 1988)

99th Congress (1985 - 1986)

Source http://v2.unblu.com/http/www.gpo.gov/80/fdsys/browse/collection.action?collectionCode=CHRG

Is Printing the Congressional Record Wasteful?

2011-04-05T20:27:00.000-07:00

On a relatively recent visit to the Government Printing Office, I was surprised to learn that despite the great work former Public Printers Bruce James and Bob Tapella have done with FDSys (the system that makes electronic versions of government documents such as the Congressional Record and Federal Register available to the government and the public), the GPO was still printing the Congressional Record–about 1,500 copies DAILY every day Congress is in session, I was told. (And the Federal Register, by the way.) I questioned why that would be, since the information is available online before it is available in printed form. Each issue can be hundreds of pages, depending on what went on in Congress that day. I wondered what happens to all that paper. Where is it stored? Does anyone ever look at it? Why is it even still being printed in those volumes? According to my tour guide, people still wanted the paper. And according to the release cited below, that number is actually 4,551 copies! (I thought 1,500 was low if it was going to everyone, multiple copies to each Congress person’s office, etc.).

Today, Senators Tom Coburn, M.D. (R-OK) and Herb Kohl (D-WI) introduced the Congressional Record Printing Savings Act of 2011, a bill they say would save taxpayers up to $8 million by requiring the Government Printing Office to limit excessive printing of the Congressional Record. According to the release, “The GPO annually spends over $8 million to print hard copies of the Congressional Record that are rarely used since these documents have been digitally available since 1994. Approximately 4,551 copies of the Congressional Record are printed daily [on offset web presses] at the cost of roughly $240 per original page. The Congressional Record Printing Savings Act would require that the distribution of the printed edition is limited to archival purposes and those copies explicitly requested by the Vice President or Members of Congress.”

With digital presses and a DI press in the production mix, paper copies could certainly be produced on demand for archiving purposes or when needed. It is easier to search the electronic copy for the specific nugget someone might want to reference. I can’t imagine anyone curling up with a copy and reading it cover to cover, on a daily basis!

In general, I would support this type of approach, but it needs to be accompanied by a firm commitment to maintain and grow FDSys. My sources tell me that all funding for maintaining/expanding FDSys have been cut. Since Public Printer Bill Boarman (still not officially confirmed despite a recess appointment) refuses to speak to me — and anyone else in the press if my sources are correct — I can’t validate this. However, it would seem that the Senators who put forth this bill should attach a requirement that FDSys continue to be funded at a level that is reasonable to ensure continued access to these valuable documents in perpetuity, according to the mission of the GPO, and to continue to grow the volume of content available on the system as well as continuing to improve accessibility to said information.

Just my two cents worth. More than happy to present Mr. Boarman’s perspective if he would give me 30 minutes of his time for an interview!

Source http://printceo.com/2011/03/is-printing-the-congressional-record-wasteful/

76 FR 14777 - US Government Printing Office - FDsys - More Information

2011-03-23T20:55:00.000-07:00

76 FR 14777 - Supplemental Standards of Ethical Conduct for Employees of the Federal Labor Relations Authority

Download Files

Formats	Text (4 KB) \| PDF (44 KB)
Descriptive Metadata	MODS
Authenticity Metadata	PREMIS
All Format & Metadata Files	ZIP file

Metadata

Publication Title	Federal Register Volume 76, Issue 53 (March 18, 2011)
Category -	Regulatory Information
Collection -	Federal Register

SuDoc Class Number - AE 2.7: GS 4.107: AE 2.106:

Publisher -	Office of the Federal Register, National Archives and Records Administration
Section -	Rules and Regulations
Action -	Final rule.
Dates -	This final rule is effective March 18, 2011.
Contact -	Rosa M. Koppel, Solicitor, at rkoppel@flra.gov, fax: (202) 343-1007.

Summary - The Federal Labor Relations Authority (FLRA), with the concurrence of the Office of Government Ethics (OGE), is adopting as final, without change, the interim FLRA rule that supplements the executive-branch-wide Standards of Ethical Conduct (Standards) issued by OGE and, with certain exceptions, requires FLRA employees to obtain approval before engaging in outside employment.

Agency Name -	FEDERAL LABOR RELATIONS AUTHORITY
Page Number Range -	14777-14777
Federal Register Citation -	76 FR 14777
CFR Citation -	5 CFR 5901
FR Doc Number -	2011-6335

FDsys Helps GPO Provide Access to Federal Digital Publications

2011-03-08T19:46:00.000-08:00

"It’s like an all-you-can eat buffet, but all the options are healthy for you," said Kate Zwaard, the Government Printing Office’s Lead Program Planner for Digital Preservation, in a visit to the Library of Congress on November 16, 2010.

Zwaard was talking about the GPO Federal Digital System , a suite of tools and services that helps the agency preserve and provide long-term access to the digital publications of the Federal government.

A webcast of the event is now available.

"FDsys is a preservation repository in the traditional sense, in that it conforms to the Open Archival Information System reference model (PDF)," Zwaard said, "but it’s also a content management system and an advanced search engine." And while the FDsys is a modern software environment, the roots of the issues it was designed to solve go back to the early days of GPO.

The FDLP worked remarkably well for print publications for over a century, but as agencies opted to host more and more publications on their websites instead of printing them, it became more difficult for users to find what they were looking for. Instead of going to a library or a catalog and looking for an item, you had to know what organization (or sub-organization) was responsible for producing the documents and where they were posted on the web.

More importantly, no federal government entity looked after preservation of the content for public access. Material could be put on a webpage and taken down the next day, or accidentally corrupted, or rendered unusable by obsolescence of technology.

Zwaard described the decisions made by the Public Printer of the United States in 2004 to outline a strategic vision to turn what some called "disruptive technologies" into opportunities. GPO had been publishing content to the web for public access through its website GPO Access since 1993, but the Public Printer’s report lead to the development of the more comprehensive FDsys.

"What sets FDsys apart from most preservation repositories is that it is both a content repository and a system that serves as the electronic backbone of the agency," Zwaard noted. "We’ve built a repository that is designed to maintain the usability of our assets free from dependence on specific hardware and software. But a big part of the system is about providing an organization for content and a workflow to help move publications through the agency for cataloging, proofing, print and possible reuse."

Zwaard went on to describe the technological features of FDsys, including the structure of content packages, the content lifecycle and the GPO approach to content integrity and authenticity.

"We have lots of specialized experience in helping people find the government information they are looking for," she concluded, "and our experts thought carefully about the ways users might navigate to what they want and the kinds of metadata we need to collect to support that. In addition, GPO is preparing for a Trustworthy Repositories Audit and Certification audit . I believe we will be the first Federal agency to be audited for TRAC compliance, and we are excited to have someone take a look at our work and suggest places for improvement."

Source http://www.digitalpreservation.gov/news/2011/20110301_news_zwaard_briefing.html

Industry Day Registration Closed

2011-03-08T19:43:00.000-08:00

Registration for the October 6, 2005 GPO FDsys Industry Day is now closed. The meeting will be held at GPO's main facility, 732 North Capitol Street NW, Washington, DC (USA). A more detailed agenda is now available. We will be sending confirmation emails to all registered attendees by 4:00 PM on 9/30/05. In addition, an email will be sent that includes directions to GPO and additional information. Thank you for your interest in FDsys. For additional information, please contact the Office of Innovation and New Technology at int@gpo.gov.

Final Library Survey Results

2011-02-22T20:55:00.000-08:00

The final results of the Depository Library survey have been posted to the FDsys Web site here. In addition to the results, GPO has identified the following next steps:

Definitions and clarifications of terms used in the survey that respondents indicated were confusing will be posted by October 21, 2005 to the Library Survey Results page on the FDsys Web site.
The survey results indicated areas of interest most important to the library community. Additional interaction with GPO’s library partners is required to validate these findings. GPO will use library focus groups and other means including face-to-face meetings, conference calls, and web conferencing to obtain this input. This initiative will begin in late October 2005.
Feedback from library partners is highly encouraged. All appropriate questions and comments submitted to the FDsys blog (http://fdsys.blogspot.com/) or the Office of Innovation and New Technology’s e-mail address (int@gpo.gov) will be promptly answered. INT will also make questions and answers to frequently asked questions available on the FDsys blog.

Clarification of Library Survey Terms

2011-02-15T02:18:00.000-08:00

Listed below are definitions for terms used in the FDsys Library survey that some respondents indicated needed additional clarification. Questions regarding this information should be submitted to the Office of Innovation and New Technology at int@gpo.gov.

Push: Intentionally and specifically serving out information to a target recipient(s).
Content is automatically sent (“pushed”) from GPO to a list of interested users. This is analogous to shipping a box of depository documents, only with electronic content instead of tangible copy.

Pull: Downloading content on an as-needed basis.
Content is made available for users to select and retrieve (“pull”) to local servers or computers. For example, currently users may be said to pull documents from GPO Access.

Migration: Preservation of digital content, where the underlying information is retained but older formats and internal structures are replaced by newer.
Migration involves transforming files to ensure that they can be accessed using current hardware and software. The content is retained, but the file format changes as technology changes.
Example: a Microsoft Word 97 file is migrated to a Microsoft Word 2000 file.

Emulation: The imitation of one computing system by another system through the use of software and hardware that allow the latter to run programs written for the former.
Emulation involves re-creating an obsolete operating system or piece of software on an up to date operating system or piece of software. This allows the digital objects associated with the obsolete system to be accessed without changing the file format.
Example: Microsoft Word 97 is emulated on a current system so that files saved in Microsoft Word 97 format can be accessed.

Digital Content System Update

2011-02-08T02:40:00.000-08:00

The presentation given by Mike Wash at the Fall Depository Library Conference in Washington, DC is available at the Web site here.

Master Integrator Acquisition Update

2011-01-18T22:55:00.000-08:00

Drafts of a Statement of Objectives (SOO) and Sections L and M of the RFP for Master Integrator (MI) services are now available through FedBizOpps. Questions and Comments related to the draft should be submitted to Herb Jackson at hjackson@gpo.gov no later than January 20, 2006. It is our goal to release the final RFP in the March 2006 time frame.

Master Integrator Day
GPO will have a follow up meeting for all interested MI candidates shortly after the close of the comment period. Our target date for this event is January 24, 2006. Please note that this meeting is intended for MI candidates. GPO will host additional industry events for vendors interested in the products, technologies and solutions for Releases 1 and 2 as defined in the document Releases and Capabilities once the MI contract has been awarded. The Master Integrator Day meeting agenda and registration information can be viewed here.

Future Meetings
Release 1 Industry Day (Planning Ongoing)
GPO will have an industry focused meeting for all vendors interested in the products, technologies and solutions for the series of releases identified as Releases 1 in the Releases and Capabilities document. This meeting is intended for vendors who have specific products, technologies and solutions for the system functionality anticipated in Release 1.

Release 2 Industry Day (Anticipated)
GPO will have an additional industry focused meeting for all vendors interested in the products, technologies and solutions for release 2 as defined in the Releases and Capabilities document. This meeting will be planned after the products, technologies and solutions are selected for Release 1. This meeting is intended for vendors who have specific expertise, products, technologies and solutions for the system functionality anticipated in Release 2.

Document Update

2011-01-11T02:41:00.000-08:00

The document "FDsys System Releases and Capabilities" has been updated to version 2.1 and is available here.