Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Notices 27109 

C. Authority for Conducting the 

Matching Program 

The legal authority for disclosures 

under this Agreement are the Social 

Security Act (Act) and the Privacy Act 

of 1974, as amended. Section 453(j)(4) of 

the Act provides that OCSE shall 

provide the Commissioner of Social 

Security with all information in the 

NDNH. 42 U.S.C. 653(j)(4). We have the 

authority to use this data to determine 

entitlement and eligibility for the 

programs we administer pursuant to 

sections 453(j)(4), 1631(e)(1)(B) and (f), 

and 1148 of the Act. 42 U.S.C. 653(j)(4), 

1320b–19(d)(1), and 1383(e)(1)(B) and 

(f). Disclosures under this Agreement 

are made in accordance with 5 U.S.C. 

552a(b)(3), and in compliance with the 

matching procedures in 5 U.S.C. 

552a(o), (p), and (r). 

The Commissioner of Social Security 

is required to verify a recipient’s or 

applicant’s eligibility for SSI using 

independent or collateral sources. We 

cannot determine an applicant’s 

eligibility for SSI benefits solely on the 

applicant’s declaration concerning 

eligibility factors or other relevant facts. 

We also obtain information to ensure 

that we provide SSI benefits only to 

eligible individuals (or eligible spouses) 

and that we are paying the correct 

amounts of such benefits. Section 

1631(e)(1)(B) of the Act. 

Subsection 1631(f) of the Act provides 

that ‘‘The head of any federal agency 

shall provide such information as the 

Commissioner of Social Security needs 

for purposes of determining eligibility 

for or amount of benefits, or verifying 

information with respect thereto.’’ 

To comply with section 1148 of the 

Act, we must verify earnings of 

beneficiaries/recipients to ensure 

accurate payments to employer network 

providers under the Ticket-to-Work 

program. 

D. Categories of Records and Persons 

Covered by the Matching Program 

Our Systems of Records (SOR) 

covered by this program are the SSI 

Record and Special Veterans Benefits 

(SSR), SSA/OEEAS, 60–0103 notice last 

published on January 11, 2006 (71 

Federal Register (FR) 1830); and the 

Completed Determination RecordContinuing Disability Determination file 

(CDR–CDD), SSA/OD 60–0050 notice 

last published January 11, 2006 (72 FR 

1813). 

OCSE will match our information in 

the SSR and CDR–CDD against the 

NDNH. The NDNH contains new hire, 

QW, and UI information furnished by 

state and federal agencies and is 

maintained by OCSE in its SOR ‘‘OCSE 

National Directory of New Hires’’ 

(NDNH), No. 09–80–0381, published in 

the FR on January 5, 2011, at 76 FR 560. 

Routine use (9) of the system of records 

authorizes disclosure of NDNH 

information to us, 76 FR 560, 562 

(January 5, 2011). 

Until January 31, 2013, through the 

Master File Query Menu (MFQM), we 

will use online queries to read records 

in the NDNH database. To limit 

disclosure and to prohibit browsing, our 

access is restricted by anti-browsing 

technology to only those Social Security 

numbers (SSN) that have a direct 

business relationship with SSI, DI, or 

Ticket programs (i.e., the record must 

have a valid SSI, DI, or Ticket payment 

or application issue). If no business 

relationship exists with us, OCSE denies 

access to NDNH and the user is unable 

to proceed. If a business relationship 

exists with us, we can access the NDNH 

to display an SSN-specific new hire, 

QW, or UI report in the NDNH. The 

MFQM extracts information from our 

SSR (for SSI recipients) or CDR–CDD 

(for ticket holders and disability 

beneficiaries) to facilitate query access. 

After January 31, 2013, we will invoke 

the OCSE web service to perform online 

lookups. 

E. Inclusive Dates of the Matching 

Program 

The effective date of this matching 

program is no sooner than April 20, 

2012, provided that the following notice 

periods have lapsed: 30 days after 

publication of this notice in the FR and 

40 days after notice of the matching 

program is sent to Congress and OMB. 

The matching program will continue for 

18 months from the effective date and, 

if both agencies meet certain conditions, 

it may extend for an additional 12 

months thereafter. 

[FR Doc. 2012–11047 Filed 5–7–12; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

[Public Notice 7871] 

Certification Related to the Khmer 

Rouge Tribunal; Correction 

AGENCY: Department of State. 

ACTION: Notice; correction. 

SUMMARY: The Department of State 

published a document in the Federal 

Register of on August 16, 2011 

concerning a Certification Related to the 

Khmer Rouge Tribunal. Inadvertently, 

the Memorandum of Justification was 

not included in the document for 

publication in the Federal Register and 

this notice corrects this error. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Wyckoff, (202) 647 9446. 

Correction 

In the Federal Register of August 16, 

2011, in FR Volume 76, page 50808, the 

following Memorandum of Justification 

should have been printed as an 

attachment to the original notice, PN 

7556: 

MEMORANDUM OF JUSTIFICATION 

UNDER SECTION 7071 (c) OF THE 

DEPARTMENT OF STATE, FOREIGN 

OPERATIONS AND RELATED 

PROGRAMS APPROPRIATIONS ACT, 

2010, AS CARRIED FORWARD BY THE 

FULL-YEAR CONTINUING 

APPROPRIATIONS ACT, 2011 

Section 7071 (c) of the Department of 

State, Foreign Operations and Related 

Program Appropriations Act, 2010 (Div. 

F P.L. 111–117), as carried forward by 

Full-Year Continuing Appropriations 

Act, 2011 (Div. B, P.L. 112–10), provides 

that funds appropriated in the act for a 

United States contribution to a Khmer 

Rouge tribunal may only be made 

available if the Secretary of State 

certifies to the Committees on 

Appropriations that the United Nations 

and Government of Cambodia are taking 

credible steps to address allegations of 

corruption and mismanagement within 

the Extraordinary Chambers in the 

Courts of Cambodia (ECCC), also 

commonly known as the ‘‘Khmer Rouge 

Tribunal’’ (KRT). Deputy Secretary 

Nides has signed the certification 

pursuant to State Department Delegation 

of Authority 245–1. 

Factors Justifying Determination and 

Certification 

Allegations of corruption were 

abundant in the ECCC’s early years until 

the Director of Administration was 

replaced in late 2008. His replacement, 

who remains the Director today has 

been extraordinarily competent and has 

cooperated well with the donor 

community, other court officials, and 

the United Nations Office of Legal 

Affairs. 

The allegations and change in 

administration did not compromise the 

fundamental integrity of the ECCC. In 

July 2010 the ECCC successfully 

concluded Case 001—the trial against 

the former chief of the Tuol Sleng 

torture center, Kaing Guek Eav 

(‘‘Duch’’). His trial and conviction were 

the first meaningful attempt to hold a 

Khmer Rouge official accountable for 

war crimes committed under the Khmer 

Rouge regime. The United States, 

foreign governments, and NGOs 

monitoring the ECCC agree that the 


srobinson on DSK4SPTVN1PROD with NOTICES
27110 Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Notices 

proceedings met international standards 

of justice. 

The ECCC, in cooperation with the 

UN, has taken additional steps to 

protect the integrity of its proceedings 

against allegations of corruption. In 

August 2009 the United Nations Office 

of Legal Affairs and the Government of 

Cambodia reached agreement to 

establish an Independent Counselor to 

serve as a deterrent against corruption 

and address potential future incidents of 

corruption or other forms of misconduct 

at the court. Shortly after his 

appointment, the Counselor released a 

‘‘Meet the Independent Counselor’’ 

document to all court staff explaining 

his role, how he can be reached, and 

when he should be contacted. The 

circular outlined his roles and 

responsibilities, which include 

provision of an annual report to the UN 

Office of Legal Affairs and the 

Cambodian Government. The guidelines 

established for the Independent 

Counselor confirm his obligations to 

protect the confidentiality of 

complainants, to ensure that there are 

no reprisals for whistle-blowing and to 

provide a report of his activities to both 

the UN and RGC. The United States, in 

coordination with other donor nations, 

has conducted diplomatic efforts with 

both the United Nations Office of Legal 

Affairs and Government of Cambodia to 

assist in making the Independent 

Counselor fully operational, which have 

been effective. Addressing the ECCC in 

October 2010, the Secretary General 

commended the work of the 

Independent Counselor and the effect it 

has had on the perception of the court— 

that the ECCC’s administration will not 

tolerate any form of corruption. 

Because of all these steps taken to 

combat corruption and make the 

processes of the Court transparent, 

independent and efficient, it is the view 

of the State Department, other donor 

countries, prominent court officials, and 

non-governmental organizations 

(NGOs), that the ECCC appears to have 

resolved the corruption and 

mismanagement issues raised in 2008. 

The United States currently plays a 

leadership role with respect to oversight 

of the ECCC by serving as a member of 

the New York-based ECCC Steering 

Committee. The United States also plays 

a leading role in the donors group in 

Phnom Penh, Cambodia. An additional 

contribution of funds will indicate an 

ongoing commitment to the work of the 

ECCC, and improve our position in 

discussions at the Steering Committee 

and with other current and potential 

donors. The Steering Committee 

oversees the budget and the timelines 

established by the ECCC and is 

currently satisfied that the ECCC is 

administratively and financially sound. 

The ECCC provides a monthly report 

to the UN Controller and the UN 

Department of Economic and Social 

Affairs, which closely monitors the 

activities of the court including its 

expenditures. In addition, all hiring on 

the international side of the court is 

vetted by the UN Department of 

Economic and Social Affairs. The UN 

Office of Legal Affairs actively engages 

on judicial management issues. For 

example, the ECCC accepted the UN’s 

recommendation that the Pre-Trial 

Chamber sit on a full-time basis in order 

to improve the ECCC’s efficiency and to 

expedite its decision-making. In 

addition, last year’s U.S. contribution 

provided partial funding for a high-level 

official to work specifically on ECCC 

management-related issues. This official 

has effectively personally intervened 

with high level Cambodian officials to 

address ECCC management issues. 

In late April the ECCC’s Office of the 

Co-Investigating Judges (OCIJ) ended its 

investigation for Case 003 and 

forwarded the evidence to the Office of 

the Co-Prosecutors. The international 

co-prosecutor, Andrew Cayley, 

dissatisfied with the amount and depth 

of evidence, requested the OCIJ to 

conduct further investigations. 

The issue of whether Case 003 falls 

within the jurisdiction of the ECCC is 

one on which reasonable persons can 

disagree. There is a formal process 

under the governing documents of the 

ECCC for resolving this disagreement. 

We see no basis for any assertions of 

mismanagement and possible 

misconduct in the OCIJ’s handling of 

Case 003. 

The Department looks forward to the 

final closing order and appeal so that 

this issue regarding further investigation 

into Case 003 can be resolved in with 

finality. 

Certification and United States Policy 

Objectives 

Certification recognizes the efforts of 

the United Nations and the Government 

of Cambodia to address allegations of 

corruption and mismanagement within 

the ECCC. It is not an indication, 

however, that no further work needs to 

be done. Both parties must continue to 

exercise oversight of the ECCC’s 

operations, and the donor community 

and NGOs must continue their vigilant 

engagement with the United Nations 

and the Cambodian government to 

ensure that the ECCC remains 

corruption-free and well-managed. 

Dated: May 1, 2012. 

Ariel Wyckoff, 

Program Analyst, Bureau of East Asian and 

Pacific Affairs, U.S. Department of State. 

[FR Doc. 2012–11093 Filed 5–7–12; 8:45 am] 

BILLING CODE 4710–30–P 

DEPARTMENT OF STATE 

[Public Notice 7818] 

Overseas Security Advisory Council 

(OSAC) Meeting Notice; Closed 

Meeting 

The Department of State announces a 

meeting of the U.S. State Department— 

Overseas Security Advisory Council on 

June 5 and 6, 2012. Pursuant to Section 

10(d) of the Federal Advisory 

Committee Act (5 U.S.C. Appendix), 5 

U.S.C. 552b(c)(4), and 5 U.S.C. 

552b(c)(7)(E), it has been determined 

that the meeting will be closed to the 

public. The meeting will focus on an 

examination of corporate security 

policies and procedures and will 

involve extensive discussion of trade 

secrets and proprietary commercial 

information that is privileged and 

confidential, and will discuss law 

enforcement investigative techniques 

and procedures. The agenda will 

include updated committee reports, a 

global threat overview, and other 

matters relating to private sector 

security policies and protective 

programs and the protection of U.S. 

business information overseas. 

For more information, contact Marsha 

Thurman, Overseas Security Advisory 

Council, U.S. Department of State, 

Washington, DC 20522–2008, phone: 

571–345–2214. 

Dated: April 17, 2012. 

Scott P. Bultrowicz, 

Director of the Diplomatic Security Service, 

U.S. Department of State. 

[FR Doc. 2012–11092 Filed 5–7–12; 8:45 am] 

BILLING CODE 4710–43–P 

DEPARTMENT OF STATE 

[Public Notice 7872] 

Notice of Meeting 

SUMMARY: Pursuant to the provisions of 

the Federal Advisory Committee Act 

(FACA), the Advisory Committee on the 

Secretary of State’s Strategic Dialogue 

with Civil Society will convene in 

Washington, DC on May 16, 2012. The 

Committee provides advice on the 

formulation of U.S. policies, proposals, 

and strategies for engagement with, and 

protection of, civil society worldwide. 

The objective of this meeting is to 


srobinson on DSK4SPTVN1PROD with NOTICES