54 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices

Comments are encouraged and will be

accepted until May 27, 1997.

Request written comments and

suggestions from the public and affected

agencies concerning the proposed

collection of information. Your

comments should address one or more

of the following four points:

(1) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

(2) Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

(4) Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submission of

responses.

Comments and/or suggestions

regarding the item(s) contained in this

notice, especially regarding the

estimated public burden and associated

response time, should be directed to

SSA Paul J. Gans, (phone number and

address listed below). If you have

additional comments, suggestions, or

need a copy of the proposed information

collection instrument with instructions,

or additional information, please

contact SSA Paul J. Gans, (304) 625–

4830, Federal Bureau of Investigation,

Criminal Justice Information Services,

Statistical Unit, 1000 Custer Hollow

Road, Clarksburg, West Virginia 26306.

Overview of this information

collection:

(1) Type of information collection:

Extension of a currently approved

collection.

(2) The title of the form/collection:

Hate Crime Incident Report and

Quarterly Hate Crime Report.

(3) The agency form number, if any,

and the applicable component of the

Department sponsoring the collection.

Form: 11–1 & 11–2. Federal Bureau of

Investigation, United States Department

of Justice.

(4) Affected public who will be asked

or required to respond, as well as a brief

abstract. Primary: State and Local

Government. This collection will gather

information necessary to collect bias

motivation of selected criminal offenses.

Resulting statistics are published

annually.

(5) An estimate of the total number of

respondents and the amount of time

estimated for an average respondent to

respond: 40,000 respondents with an

average 6.6 minutes per response.

(6) An estimate of the total public

burden (in hours) associated with the

collection: 6,000 annual burden hours.

If additional information is required

contact: Mr. Robert B. Briggs, Clearance

Officer, United States Department of

Justice, Information Management and

Security Staff, Justice Management

Division, Suite 850, Washington Center,

1001 G Street, NW., Washington, DC

20530.

Dated: March 20, 1997.

Robert B. Briggs,

Department Clearance Officer, United States

Department of Justice.

[FR Doc. 97–7580 Filed 3–25–97; 8:45 am]

BILLING CODE 4410–02–M

Agency Information Collection

Activities: Proposed Collection;

Comment Request

AGENCY: Justice Management Division,

DOJ.

ACTION: Notice of information collection

under emergency review; U.S.

Department of Justice and U.S.

Department of Health and Human

Services Application for Funds under

the Health Care Fraud and Abuse

Control Program.

The Department of Justice (DOJ),

Justice Management Division has

submitted the following information

collection request to the Office of

Management and Budget (OMB) for

review and approval in accordance with

the emergency review procedures of the

paperwork Reduction Act of 1995. This

notice serves the following two

purposes:

A. Notification of the public on the

requirement necessary to apply for

Federal funding under the Health Care

Fraud and Abuse Control Program.

B. Compliance with the requirements

of the Paperwork Reduction Act of 1995.

A. Notification to the Public on the

Requirements Necessary To Apply for

Federal Funding Under the Health Care

Fraud and Abuse Control Program

All proposals must be received on or

before April 25, 1997. All proposals

must be submitted to the Office of

Inspector General, Attention: John E.

Hartwig, Deputy Inspector General for

Investigations, U.S. Department of

Health and Human Services, Room 5250

Cohen Building, 330 Independence

Avenue, SW., Washington, DC 20201.

Background

The Health Insurance Portability and

Accountability Act of 1996 added

Section 1128C to the Social Security

Act, which directs the Attorney General

and the Secretary of HHS, acting

through the HHS Inspector General, to

establish a National Health Care Fraud

and Abuse Control Program to achieve

the goals of: (1) Coordinating Federal,

State and local law enforcement

program to control fraud and abuse with

respect to health plans; (2) conducting

investigations, audits, evaluations and

inspections relating to the delivery of

and payment for health care in the

United States; (3) facilitating

enforcement of civil, criminal and

administrative statues applicable to

health care fraud and abuse; (4)

providing industry guidance relating to

fraudulent health care practices; and (5)

establishing a national data bank to

receive and report final adverse actions

against health care providers. In

accordance with the statute, the

Attorney General and the Secretary

developed Guidelines for

Implementation of the Health Care

Fraud and Abuse Control Program.

To fund the coordinating anti-fraud

effort, the statute directs that an amount

equalling recoveries derived from health

care cases—including civil monetary

penalties, fines, forfeitures, and

damages assessed in criminal, civil or

administrative health care cases, but

excluding restitution due to the victim,

funds awarded to a relator, or as

otherwise authorized by law—be

transferred to the Federal Hospital

Insurance Trust Fund. Monies are

appropriated from the Trust Fund to a

newly created expenditure account,

called the Health Care Fraud and Abuse

Control Account in amounts that the

Secretary and Attorney General

annually certify are necessary to finance

the administration and operation of the

Fraud and Abuse Control Program.

The purpose of this Notice is to solicit

proposals from those Federal, State and

local agencies that are currently

involved in health care fraud and abuse

control (other than the Departments of

Justice and Health and Human Services)

for projects or activities that promote

the objectives of the Fraud and Abuse

Control Program to be supported with

these funds. This action is authorized

under 42 U.S.C. 1320 a–7 and 42 U.S.C.

1395 b–1.

Availability of Funds

Approximately $3.5 million will be

available in Fiscal Year 1997 to support

approved proposals. Funds may be used

to cover costs (including equipment,
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices 55

salaries and benefits, travel and

training) that directly further the Health

Care Fraud and Abuse Control Program,

including the costs of investigating and

prosecuting health care matters (through

civil, criminal and administrative

proceedings), conducting audits, and

inspections and evaluations relating to

health care, and provider and consumer

education.

If a proposal is selected for funding,

the Departments of Justice and HHS

have no obligation to provide any

additional future funding beyond the

first budget period. Because the overall

amount of available funds may fluctuate

widely from year to year, there is no

presumption of continued funding in

succeeding years. Invitations to submit

proposals for this money will be

announced in the Federal Register each

year that such funds are available, and

all interested recipients must reapply.

Funds may be allocated only to (1)

supplement, and not supplant, current

levels of effort of fraud and abuse

control related activities, or (2)

undertake a new fraud or abuse control

related activity. Funds may not be used

to replace existing funding for a fraud

and abuse function. Additionally, funds

may not be included as cost sharing or

matching contributions for any

federally-assisted project or program.

Proposal Submission Process and

Contents

Proposals will be accepted from

Federal, State and local government

entities engaged in health care fraud and

abuse control in the United States. All

proposals must be received on or before

April 25, 1997. All proposals must be

submitted to the Office of Inspector

General, Attention: John E. Hartwig,

Deputy Inspector General for

Investigations, U.S. Department of

Health and Human Services, Room 5250

Cohen Building, 330 Independence

Avenue, S.W., Washington, D.C. 20201.

Proposals must be submitted by the

head of the entity, or the head of the law

enforcement unit within the entity. For

example, applications will be accepted

from officials such as the Secretary or

Inspector General of a Federal agency,

and the Governor, Auditor General or

Attorney General of a State.

Submissions must include sufficient

information to determine that the

proposed activity meets the

requirements described in this Notice,

as supplemented by the Health

Insurance Portability and

Accountability Act of 1996 and

implementing Guidelines.

Proposals must address the following:

1. A description of the activities

proposed for funding, including a

timeline for implementation of the

proposed activities. The narrative must

describe in detail how the proposed

activity is consistent with and will

promote the Fraud and Abuse Control

Program, such as how the program will

prevent or reduce health care fraud and

abuse in the country, or will assist in

recovering health care funds that have

been improperly expended due to fraud

and abuse.

2. A comprehensive spending plan

that links costs to projected tasks and

time frames.

3. A description of the entity’s history

and experience in conducting activities

relating to the prevention, detection,

investigation and prosecution (civil,

criminal and administrative) of health

care fraud and abuse.

4. A description of how the entity

intends to coordinate its funded

activities with HHS and the Department

of Justice.

5. A description of the evaluation

procedures to be used by the entity for

monitoring progress of the proposed

activities, and assessing their

effectiveness in combating health care

fraud and abuse.

6. A description of any innovative

techniques to be utilized in addressing

fraud and abuse in health care.

7. A statement that requested funds

will supplement and not supplant

existing funding for controlling health

care fraud and abuse.

8. A statement as to the entity’s legal

authority to receive funds under this

announcement and expend them on the

requested activities.

Review Process and Criteria

All proposals submitted by the

closing date and meeting the

requirements of this Notice will be

reviewed and evaluated by a panel of

representatives from the Department of

Justice and HHS. The panel will

acknowledge receipt of all timely

proposals. After review, the panel will

make recommendations for funding to

the Secretary and the Attorney General.

All final funding decisions are at the

discretion of the Attorney General and

the Secretary who will jointly certify the

award of funds in accordance with the

Act. Awards are contingent on the

availability of funds. Proposals will

generally either be approved or

disapproved at the requested funding

level, Applicants may submit more than

one proposal. Each proposal will be

evaluated primarily on the basis of how

well it will relate to and promote the

overall Health Care Fraud and Abuse

Program, and the above listed criteria.

Other factors will include: the

soundness of the objectives of the

proposed project; the reasonableness of

cost in relation to the anticipated

results, the entity’s experience in the

area of prevention and detection of

health care fraud and abuse, the entity’s

institutional ability to achieve the stated

goals, the entity’s willingness to

coordinate its activities closely with the

Departments of Justice and HHS, the

entity’s ability to measure and report on

the progress and achievement of the

activities, the availability and adequacy

of resources to conduct the proposed

activities, and its relationship to other

projects already completed or in

progress.

Funding Instrument

The Attorney General and the

Secretary of HHS expect to award funds

via interagency transfer to any Federal

entities whose proposals are approved

for funding. With respect to other

applicants, funds will be awarded via

grant, cooperative agreement, or other

authorized funding mechanism. The

Secretary of HHS and the Attorney

General reserve the right to use the form

of funding agreement determined to be

most appropriate.

Successful applicants will be required

to report no less often than annually to

the Departments of Justice and HHS

evaluating the progress of the funded

activities, and assessing their

effectiveness in combating health care

fraud and abuse. The HHS-OIG may also

independently conduct a review of any

activity funded hereunder.

Note: If you are applying for funding under

the Health Care Fraud and Abuse Control

Program complete only ‘‘Section A’’ above.

B. Compliance With the Requirements

of the Paperwork Reduction Act of 1995

The proposed information collection

is published to obtain comments from

the public and affected agencies.

Emergency review and approval of this

collection has been requested from OMB

by March 19, 1997. If granted, this

emergency approval is only valid for

180 days. Comments should be directed

to OMB, Ms. Victoria Wassmer, 202–

395–5871, Office of Information and

Regulatory Affairs, Attention:

Department of Justice Desk Officer,

Washington, D.C. 20503.

Public comments are encouraged and

will be accepted until 60 days from the

date published in the Federal Register.

Written comments and suggestions from

the public and affected agencies

concerning the proposed collection of

information are encouraged. Your

comments should address one or more

of the following four points:

(1) Evaluate whether the proposed

collection of information is necessary for the
56 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices

proper performance of the functions of the

agency, including whether the information

will have practical utility;

(2) Evaluate the accuracy of the agencies’

estimate of the burden of the proposed

collection of information, including the

validity of the methodology and assumptions

used;

(3) Enhance the quality, utility, and clarity

of the information to be collected; and

(4) Minimize the burden of the collection

of information on those who are to respond,

including through the use of appropriate

automated, electronic, mechanical, or other

technological collection techniques or other

forms of information technology, e.g.,

permitting electronic submission of

responses.

Overview of This Information Collection

(1) Type of Information Collection:

New collection.

(2) Title of the Form/Collection: U.S.

Department of Justice and U.S.

Department of Health and Human

Services Health Care Fraud and Abuse

Control Program.

(3) Agency form number, if any, and

the applicable component of the

Department of Justice sponsoring the

collection: Form: None. Justice

Management Division, United States

Department of Justice.

(4) Affected public who will be asked

or required to respond, as well as a brief

abstract: Federal, State and local

governments. See item ‘‘A’’ above.

(5) An estimate of the total number of

respondents and the amount of time

estimated for an average respondent to

respond: 75 responses at 40 hours per

response.

(6) An estimate of the total public

burden (in hours) associated with the

collection: 3,000 annual burden hours.

If you have additional comments,

suggestions, or need additional

information, please contact the Office of

Inspector General, Attention: John E.

Hartwig, Deputy Inspector General for

Investigations, U.S. Department of

Health and Human Services, Room 5250

Cohen Building, 330 Independence

Avenue, S.W., Washington, D.C. 20201.

If additional information is required,

contact: Mr. Robert B. Briggs, Clearance

Officer, United States Department of

Justice, Information Management and

Security Staff, Justice Management

Division Suite 850, Washington Center,

1001 G Street NW, Washington, D.C.

20530.

Dated: March 20, 1997.

Robert B. Briggs,

Department Clearance Officer, United States

Department of Justice.

[FR Doc. 97–7581 Filed 3–25–97; 8:45 am]

BILLING CODE 4410–20–M

Notice of Lodging of Consent Decree

Pursuant to the Clean Air Act

Notice is hereby given that a proposed

Consent Decree in United States v. AAR

Manufacturing Group, Inc., Civil Action

No. 1:96 CV–58 (W.D. Mich.), entered

into by the United States and AAR

Manufacturing Group, Inc. (‘‘AAR’’),

was lodged on February 27, 1997, with

the United States District Court for the

Western District of Michigan. The

proposed Consent Decree resolves

certain claims of the United States

under the Clean Air Act, 42 U.S.C. 7401,

et seq., with respect to AAR’s Cadillac

Manufacturing Facility, in Cadillac,

Michigan. The Complaint alleges that

AAR violated two of the conditions of

its State issued permit by exceeding its

emissions limits and duration of

operation of its air cargo handling

manufacturing equipment. Under the

terms of the proposed Consent Decree

the defendant shall pay the United

States a total of $210,000, and perform

a Supplemental Environmental Project

as specified in the Consent Decree, in

return for the United States’ covenant

not to sue for claims alleged in the

Complaint for violations of the

Michigan State Implementation Plan.

The SEP consists of the installation and

operation of a greater capacity than

required Regenerative Thermal Oxidizer

to control the emissions of violatile

organic compounds, resulting in

substantial pollution reductions at the

Cadillac Facility.

The Department of Justice will receive

comments relating to the proposed

Partial Consent Decrees for 30 days

following publication of this Notice.

Comments should be addressed to the

Assistant Attorney General,

Environment and Natural Resources

Division, United States Department of

Justice, P.O. Box 7611, Ben Franklin

Station, Washington, D.C. 20044–7611,

and should refer to United States v.

AAR Manufacturing Group, Inc., D.J.

Ref. No. 90–5–2–1–1954. The proposed

Consent Decree may be examined at the

Office of the United States Attorney for

the Western District of Michigan, Grand

Rapids, Michigan; the Region V Office

of the United States Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604; and

at the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington,

D.C. 20005, telephone no. (202) 624–

0892. A copy of the proposed Consent

Decree may be obtained in person or by

mail from the Consent Library, 1120 G

Street, N.W., 4th Floor, Washington,

D.C. 20005. In requesting a copy, please

enclose a check (25 cents per page for

reproduction costs) in the amount of

$9.25 for the Decree, payable to the

Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 97–7566 Filed 3–25–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF LABOR

Employment Standards Administration

Wage and Hour Division, Minimum

Wages for Federal and Federally

Assisted Construction; General Wage

Determination Decisions

General wage determination decisions

of the Secretary of Labor are issued in

accordance with applicable law and are

based on the information obtained by

the Department of Labor from its study

of local wage conditions and data made

available from other sources. They

specify the basic hourly wage rates and

fringe benefits which are determined to

be prevailing for the described classes of

laborers and mechanics employed on

construction projects of a similar

character and in the localities specified

therein.

The determinations in these decisions

of prevailing rates and fringe benefits

have been made in accordance with 29

CFR Part 1, by authority of the Secretary

of Labor pursuant to the provisions of

the Davis-Bacon Act of March 3, 1931,

as amended (46 Stat. 1494, as amended,

40 U.S.C. 276a) and of other Federal

statutes referred to in 29 CFR Part 1,

Appendix, as well as such additional

statutes as may from time to time be

enacted containing provisions for the

payment of wages determined to be

prevailing by the Secretary of Labor in

accordance with the Davis-Bacon Act.

The prevailing rates and fringe benefits

determined in these decisions shall, in

accordance with the provisions of the

foregoing statutes, constitute the

minimum wages payable on Federal and

federally assisted construction projects

to laborers and mechanics of the

specified classes engaged on contract

work of the character and in the

localities described therein.

Good cause is hereby found for not

utilizing notice and public comment

procedure thereon prior to the issuance

of these determinations as prescribed in

5 U.S.C. 553 and not providing for delay

in the effective date as prescribed in that

section, because the necessity to issue

current construction industry wage

determinations frequently and in large

volume causes procedures to be

impractical and contrary to the public

interest.