27314 Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Notices

much of the Escrow Account assets as

are necessary to satisfy the obligations

of the judgment or order .

5. The Escrow Account shall continue

until at least five years after

llllll last advertises, promotes,

offers for sale, sells, or distributes any

product specified in the Consent Order,

at which time, if there are no pending

FTC investigations, legal or

administrative actions by the FTC

against llllll, or unsatisfied

obligations pursuant to a judgment or

order described in paragraph 4 herein,

for which a claim could be made against

the escrow funds under the terms of the

Consent Order, the FTC shall, upon

llllll’s request, instruct the

Escrow Agent to terminate the Escrow

Account and return the balance of the

Escrow Account to llllll. At

such time, the Escrow Agent shall be

fully and completely released from its

agency as herein described. The legal

title to the escrow funds shall vest in

llllll at such time as the Escrow

Agent, pursuant to instructions from the

FTC, returns the funds to llllll.

Witness the signatures of the parties,

the day and year first above written.

Date:

Signatures

Analysis of Proposed Consent Order to

Aid Public Comment

The Federal Trade Commission has

accepted an agreement, subject to final

approval, to a proposed consent order

from proposed respondents Original

Marketing, Inc. d/b/a Acu-Stop 2000;

Franklin & Joseph, Inc.; Barry A. Weiss;

and Roger Franklin.

The proposed consent order has been

placed on the public record for sixty

(60) days for reception of comments by

interested persons. Comments received

during this period will become part of

the public record. After sixty (60) days,

the Commission will again review the

agreement and the comments received

and will decide whether it should

withdraw from the agreement and take

other appropriate action or make final

the agreement’s proposed order.

This matter concerns advertising

related to the sale of an ear-mold

acupressure device, marketed under the

name Acu-Stop 2000, which nests in the

ear. The Commission’s Complaint

charges that proposed respondents

Original Marketing, Inc. d/b/a Acu-Stop

2000; Franklin & Joseph, Inc.; Barry A.

Weiss; and Roger Franklin falsely

represented that the Acu-Stop 2000: (1)

Causes significant weight loss; (2)

causes significant weight loss without

the need to diet or exercise; and (3)

controls appetite or eliminates a

person’s craving for food.

The Complaint also alleges that

proposed respondents falsely and

misleadingly represented that they

possessed and relied upon a reasonable

basis when they made those claims. The

Complaint further alleges that proposed

respondents falsely represented that the

Acu-Stop 2000 is scientifically proven

to cause significant weight loss and

control appetite. Finally, the Complaint

alleges that proposed respondents

falsely represented that testimonials

from consumers appearing in

advertisements for the Acu-Stop 2000

reflect the typical or ordinary

experience of members of the public

who have used the device.

The proposed consent order contains

provisions designed to remedy the

violations charged and to prevent

proposed respondents from engaging in

similar acts in the future.

Part I of the proposed order prohibits

proposed respondents from representing

that the Acu-Stop 2000 or any other

acupressure device: (1) Causes

significant weight loss; (2) causes

significant weight loss without the need

to diet or exercise; (3) controls appetite

or eliminates a person’s craving for

food; or (4) is scientifically proven to

cause significant weight loss and control

appetite. The order defines

‘‘acupressure device’’ as ‘‘any product,

program, or service that is intended to

function by means of the principles of

acupressure.’’ Part II requires proposed

respondents to possess competent and

reliable scientific evidence before

making representations regarding the

performance, benefits, efficacy, or safety

of any weight-loss or weight-control

product or program or any acupressure

device. Part III prohibits proposed

respondents from falsely claiming that

endorsements or testimonials for any

weight-loss or weight-control product or

program or any acupressure device

represent the typical or ordinary

experience of members of the public

who use the product, program, or

device. Part IV prohibits proposed

respondents from misrepresenting the

results of tests or studies for any weightloss or weight-control product or

program or any acupressure device.

Part V holds proposed respondents

jointly and severally liable for, and

requires them to pay, refunds to all

purchasers of the Acu-Stop 2000 who

return or have returned the device for a

refund. Part V.A. requires respondents

to deposit $50,000 into an escrow

account for payment of refunds to

eligible consumers who purchased the

device prior to January 1, 1995, and who

previously have requested a refund or

do so within ninety days after the

proposed order becomes final. Part V.B.

requires proposed respondents to pay,

out of their own funds, all refund

requests from eligible consumers that

exceed $50,000 and all such requests for

purchases made after January 1, 1995.

Together, these two provisions require

proposed respondents to pay all existing

refund requests and future requests

made up to ninety days after the

proposed order becomes final. Part VI

requires that proposed respondents

maintain records demonstrating the

manner and form of their compliance

with the requirement that they make

refunds.

Part VII requires that proposed

respondents Weiss and Franklin post a

bond or fund an escrow account in the

amount of $300,000 prior to the future

marketing any weight-loss or weightcontrol product or program or any

acupressure device.

Part VIII requires proposed

respondents to maintain, for five (5)

years, all materials that support,

contradict, qualify, or call into question

any representations they make which

are covered by the proposed order. Part

IX requires proposed respondents

Original Marketing, Inc. and Franklin &

Joseph, Inc. to distribute a copy of the

order to current and future principals,

officers, directors, and managers, as well

as to any employees having sales,

advertising, or policy responsibility

with respect to the subject matter of the

order. Under Part X of the proposed

order, proposed respondents Original

Marketing, Inc. and Franklin & Joseph,

Inc. shall notify the Federal Trade

Commission at least thirty (30) days

prior to any proposed change in their

corporate structures that may affect

compliance with the order’s obligations.

Part XI requires that proposed

respondents Weiss and Franklin, for a

period of five (5) years, notify the

Commission of any change in their

business or employment. Part XII

obliges proposed respondents to file

compliance reports with the

Commission.

The purpose of this analysis is to

facilitate public comment on the

proposed order, and it is not to

constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

Donald S. Clark,

Secretary.

[FR Doc. 95–12588 Filed 5–22–95; 8:45 am]

BILLING CODE 6750–01–M
Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Notices 27315

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

The Regional Offices of the

Administration for Children and

Families Statement of Organization,

Functions, and Delegations of

Authority

This Notice amends Part K of the

Statement of Organization, Functions,

and Delegations of Authority of the

Department of Health and Human

Services (DHHS), Administration for

Children and Families (ACF) as follows:

Chapter KD, The Regional Offices of the

Administration for Children and

Families (58 FR 44343), as last

amended, August 20, 1993. This

reorganization realigns the functions in

Region 6 to support their streamlining

plan. This Chapter is amended as

follows:

1. KD.10 Organization. Regions 1, 3, 4,

5, 7 through X are organized as

follows:

Office of the Regional Administrator

(KD1A, KD3A, KD4A, KD5A, KD7A

through KDXA)

Office of Financial Operations (KD1B,

KD3B, KD4B, KD5B, KD7B through

KDXB)

Office of Family Security (KD1C,

KD3C, KD4C, KD5C, KD7C through

KDXC)

Office of Family Supportive Services

(KD1D, KD3D, KD4D, KD5D, KD7D

through KDXD)

After the end of KD2.20 Functions,

Paragraph D, insert the following:

2. KD6.10 Organization. The

Administration for Children and

Families, Region 6, is organized as

follows:

Office of the Regional Administrator

(KD6A)

Office of State and Tribal Programs

(KD6E)

Office of Community Programs

(KD6F)

Functions. A. The Office of the

Regional Administrator is headed by a

Regional Administrator. In addition, the

Office of the Regional Administrator has

a Deputy Regional Administrator who

reports to the Regional Administrator.

The Office provides executive

leadership and directives to state,

county, city, territorial and tribal

governments, as well as public and

private local grantees to ensure effective

and efficient program and financial

management. It ensures that these

entities conform to federal laws,

regulations, policies and procedures

governing the programs, and exercises

all delegated authorities and

responsibilities for oversight of the

programs. The office takes action to

approve state plans and submits

recommendations to the Assistant

Secretary for Children and Families

concerning state plan disapproval. The

Office contributes to the development of

national policy based on regional

perspectives on all ACF programs. It

oversees ACF operations, the

management of ACF regional staff;

coordinates activities across regional

programs; and assures that goals and

objectives are met and departmental and

agency initiatives are carried out. The

Office alerts the Assistant Secretary for

Children and Families to problems and

issues that may have significant regional

or national impact. The Office

represents ACF at the regional level in

executive communications within ACF,

with the HHS Regional Director, other

HHS operating divisions, other federal

agencies, and public or private local

organizations representing children and

families.

Within the Office of the Regional

Administrator, the Program Coordinator

and Planning Unit (PCPU), headed by

the Executive Officer and consisting of

administrative staff, assists the Regional

Administrator and Deputy Regional

Administrator in providing day-to-day

support for regional administrative

functions, including budget, internal

systems, employee relations and human

resource development activities. The

PCPU develops and implements the

regional planning process. Tracking,

monitoring and reporting on regional

progress in the attainment of ACF

national goals and objectives are carried

out. The PCPU coordinates public

awareness activities, information

dissemination and education campaigns

in accordance with the ACF Office of

Public Affairs and in conjunction with

the HHS Regional Director. The Unit

also assists the Regional Administrator

in management of cross-cutting

initiatives and activities among the

regional components, and ensures

effective and efficient management of

internal automation processes.

B. The Office of State and Tribal

Programs is headed by an Assistant

Regional Administrator who reports to

the Regional Administrator. The Office

is responsible for providing centralized

management, financial management

services, and technical administration of

ACF formula, block and entitlement

programs such as Aid to Families with

Dependent Children (AFDC), Child

Support Enforcement (CSE), Job

Opportunities and Basic Skills Training

(JOBS), Title IV–A Child Care, Child

Care and Development Block Grant

(CCDBG), Child Welfare Services, Foster

Care and Adoption Assistance, Child

Abuse and Neglect and Developmental

Disabilities. The Office provides policy

guidance to state, county, city or town

and tribal governments and public and

private organizations to assure

consistent and uniform adherence to

federal requirements governing formula

and entitlement programs. State plans

are reviewed and recommendations

concerning state plan approval or

disapproval are made to the Regional

Administrator. The Office provides

technical assistance to entities

responsible for administering these

programs to resolve identified problems,

ensures that appropriate procedures and

practices are adopted, monitors the

programs to ensure their efficiency and

effectiveness, establishes regional

financial management priorities and

reviews cost allocation plans, and

oversees the management and

coordination of office automation

systems in the regional and monitors

state systems projects for the CSE,

AFDC, Child Welfare and JOBS

programs. The Office provides financial

management services for ACF formula

and entitlement grants in the region.

Also reviews cost estimates and reports

for ACF entitlement and formula grant

programs and recommends funding

levels. The Office performs systematic

fiscal reviews and makes

recommendations to the Regional

Administrator to approve, defer or

disallow claims for federal financial

participation in ACF formula and

entitlement grant programs. As

applicable, recommendations are made

on the clearance and closure of audits

of state programs, paying particular

attention to financial management

deficiencies that decrease the efficiency

and effectiveness of the ACF programs

and taking steps to monitor the

resolution of such deficiencies. The

Office represents the Regional

Administrator in dealing with ACF

Program Offices on all program and

financial policy matters under its

jurisdiction. Alerts or early warnings are

provided to the Regional Administrator

regarding problems or issues that may

have significant implications for the

programs.

C. The Office of Community Programs

is headed by an Assistant Regional

Administrator who reports to the

Regional Administrator. The Office is

responsible for providing centralized

management, financial management

services, and technical administration of

ACF discretionary grant programs such

as Head Start and Runaway and
27316 Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Notices

Homeless Youth (RHY). In that regard,

the Office provides policy guidance to

state, county, city or town and tribal

governments and public and private

organizations to assure consistent and

uniform adherence to federal

requirements. The Office provides

technical assistance to entities

responsible for administering these

programs to ensure that appropriate

procedures and practices are adopted,

and monitors the programs to ensure

their efficiency and effectiveness. The

Office performs systematic fiscal

reviews and makes recommendations to

the Regional Administrator to approve

or disallow costs under ACF

discretionary grant programs. The Office

issues certain discretionary grant

awards based on a review of project

objectives, budget projections, and

proposed funding levels. As applicable,

recommendations are made on the

clearance and closure of audits of

grantee programs, paying particular

attention to financial management

deficiencies that decrease the efficiency

and effectiveness of the ACF programs

and taking steps to monitor the

resolution of such deficiencies. The

Office oversees the management and

coordination of office automation

systems in the region such as the PC

Cost and HS Cost systems for budget

analysis on Head Start Applications and

monitors grantee systems projects such

as the Head Start Program Information

Report, Head Start Management

Tracking System and the Youth

Development and Head Start Bulletin

Board. The Office represents the

Regional Administrator in dealing with

ACF Program Offices on all program

policy and financial matters under its

jurisdiction. Alerts or early warnings are

provided to the Regional Administrator

regarding problems or issues that may

have significant implications on the

programs.

Dated: May 15, 1995.

Mary Jo Bane,

Assistant Secretary for Children and Families.

[FR Doc. 95–12550 Filed 5–22–95; 8:45 am]

BILLING CODE 4148–01–M

Office of Refugee Resettlement;

Statement of Organization, Functions,

and Delegations of Authority

This Notice amends Part K, Chapter K

of the Statement of Organization,

Functions and Delegations of Authority

of the Department of Health and Human

Services, Administration for Children

and Families (56 FR 42332) as last

amended, August 27, 1991; KR, The

Office of Refugee Resettlement (59 FR

23888), as last amended, May 9, 1994.

This reorganization will realign the

functions of the Office of Refugee

Resettlement into two divisions, thereby

improving the efficiency and

effectiveness of the refugee activities in

the Administration for Children and

Families. Specifically, we are amending

Chapter KR with the following:

KR.00 Mission. The Office of Refugee

Resettlement (ORR) advises the

Secretary, through the Assistant

Secretary for Children and Families, on

matters relating to refugee resettlement,

immigration, and repatriation. The

Office plans, develops and directs

implementation of a comprehensive

program for domestic refugee and

entrant resettlement assistance. It

develops, recommends, and issues

program policies, procedures and

interpretations to provide program

direction. The Office monitors and

evaluates the performance of states and

other public and private agencies in

administering these programs and

supports actions to improve them. It

provides leadership and direction in the

development and coordination of

national public and private programs

that provide assistance to refugees,

entrants, and other immigrants.

The Office also plans, develops and

provides direction on the administration

of the U.S. Repatriate Program.

KR.10 Organization. The Office of

Refugee Resettlement is headed by a

Director who reports directly to the

Assistant Secretary for Children and

Families and consists of:

Office of the Director [KRA]

Division of Refugee Self-Sufficiency

[KRE]

Division of Community Resettlement

[KRF]

KR.20 Functions. A. Office of the

Director is directly responsible to the

Assistant Secretary for Children and

Families for carrying out ORR’s mission

and providing guidance and general

supervision to the components of ORR.

Within the Office of the Director, staff

assist the Director in managing the

formulation of program policy and

budget and in the formulation of salaries

and expense budgets. Staff also provide

administrative, personnel and data

processing support services.

The Office coordinates with the lead

refugee and entrant program offices of

other federal departments; provides

leadership in representing refugee and

entrant programs, policies and

administration to a variety of

governmental entities and other public

and private interests; and acts as the

coordinator of the total refugee and

entrant resettlement effort for ACF and

the Department.

B. Division of Refugee SelfSufficiency provides direction for

assuring that refugees are provided

assistance and services through the

State-administered program and

alternative programs such as the

voluntary agency program and Wilson/

Fish projects in a manner that helps

refugees to become employed and

economically self-sufficient as soon

after their arrival in the United States as

possible. It monitors and provides

technical assistance to the stateadministered domestic assistance

programs and develops guidance and

procedures for their implementation;

manages special initiatives to increase

refugee self-sufficiency such as through

demonstration or pilot programs;

manages the unaccompanied minors

program to ensure that refugee and

entrant unaccompanied minors are

provided appropriate care and services;

manages the allocation and tracking of

funds for refugee cash and refugee

medical assistance and State

administrative costs; prepares annual

budget estimates and related materials;

and develops regulations, legislative

proposals, and routine interpretations of

policy regarding the State-administered

and alternative programs.

C. Division of Community

Resettlement directs and manages

effective refugee resettlement through

the programmatic implementation of

grants, contracts and special initiatives

associated with national discretionary

activity and other activities as specified

by the Director or required by

Congressional mandate.

The Division ensures the quality of

medical screening and initial medical

treatment of refugees; collects data and

performs analyses on the changing

needs of the refugee and entrant

population; provides leadership to

identify data needs and sources,

formulates data and reporting

requirements; assists states and private

agencies on data reporting and the

resolution of reporting problems;

compiles, evaluates, and disseminates

information on the nationwide

performance and costs of refugee service

programs; responds to unanticipated

refugee and entrant arrivals or

significant increases in arrivals to

communities where adequate or

appropriate services do not exist;

strengthens the role of ethnic

community national or multi-State

organizations to promote economic

independence among refugees; provides

for English Language Training and

provides where specific needs have

been shown and recognized by the

Director for health (including mental