### 78463 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices

2 20 CFR 404.1512–404.1513, 404.1520, 416.912– 416.913, and 416.920. decided to extend that deadline until January 16, 2014.

We would like the public’s ideas and comments regarding how we should use genetic information within the disability decision process. Under our current, long-standing policy, we do not purchase genetic testing to evaluate disability. However, we do consider all evidence in the record, including genetic testing and other genetic medical evidence, when we make a
determination or decision of whether you are disabled. 2

We solicited the public’s ideas and comments on the use of genetic
information in order to obtain
innovative ideas that we could use to improve the disability determination process. Your comments are important to us and we encourage you to share your ideas on any and all related issues. Some of the specific issues we would
like information on include:

• What role should genetic specialists have in providing medical evidence?;

• Should we use direct-to-consumer genetic test results, and if so, how should we use those results?;

• How useful is genetic information in determining prognosis and progression of an impairment?;

• What role should genetic information have in the continuing disability review process?; • Can we make determinations regarding known genetic conditions in the absence of genetic test results, and if so, how should we do so?;

• What privacy safeguards should we apply when we obtain and use genetic information?; and

• Are there any related issues that may inform our future policies?

How To Participate

The forum is open to all members of the public. To submit your ideas and comments, please go to http://www.ssadisabilityideas.ideascale.com and go to the Campaign entitled ‘‘Genetic Information.’’ You must register at the site before you are able to submit your ideas and comments. Although we will
consider all of the ideas and comments we receive, we will not respond to
them. Since we will moderate the ideas and comments we receive during regular business hours, your ideas and comments may not be viewable immediately. In most cases, your ideas
and comments should be viewable within two business days.

Include only information that you wish to make publicly available. Please do not include any personal information, such as Social Security
numbers or medical information.

Arthur R. Spencer, Associate Commissioner, Office of Disability Programs.

[FR Doc. 2013–30805 Filed 12–24–13; 8:45 am]

**BILLING CODE 4191–02–P DEPARTMENT OF STATE** 

**[Public Notice 8574]**

**Summary of the Certification Related to the Khmer Rouge Tribunal** 

On June 26, 2013, Deputy Secretary William Burns signed a required certification for the Khmer Rouge Tribunal, per section 7044(c) of the Department of State, Foreign Operations, and Related Programs Act, 2012 (Division I, Pub. L. 112–74) as carried forward by the Full-Year Continuing Appropriation Act, 2013 (Div. F, Pub. L. 113–6), that the United Nations and the Royal Government of Cambodia are taking credible steps to address allegations of corruption and mismanagement within the Extraordinary Chambers in the Courts of Cambodia (also known as the ‘‘Khmer Rouge Tribunal’’).

The Certification and related Memorandum of Justification are to be provided to the appropriate committees of the Congress and published in the Federal Register

.

I am signing the below to verify and affirm Deputy Secretary Burns signature and meet the requirements for publication of these documents in the Federal Register

.

Dated: December 10, 2013.

Ed Shin, Special Assistant for Deputy Secretary Burns.


### 78464 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices

Section 7044(c) of the Department of State, Foreign Operations Appropriations Act, 2012 (Div. I, P.L.112–74), as carried forward by the FullYear Continuing Appropriations Act, 2013 (Div. F, P.L. 113–6)


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### 78465 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices

Funding for the Extraordinary
Chambers in the Courts of Cambodia

Sec. 7044(c) Cambodia.—Funds made available in this 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 the Government of Cambodia are taking credible steps to address allegations of corruption and mismanagement within the tribunal.

MEMORANDUM OF JUSTIFICATION

FOR CERTIFICATION RELATED TO

THE KHMER ROUGE TRIBUNAL UNDER SECTION 7044(c) OF THE DEPARTMENT OF STATE, FOREIGN

OPERATIONS AND RELATED PROGRAMS APPROPRIATIONS ACT, 2012, AS CARRIED FORWARD BY THE

FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2013

Section 7044(c) of the Department of State, Foreign Operations, and Related Program Appropriations Act, 2012 (Div. I P.L. 112–74), as carried forward by the Full-Year Continuing Appropriations Act, 2013 (Div. F, P.L. 113–6), provides that funds appropriated by that act for
a United States contribution to the Extraordinary Chambers in the Courts of Cambodia (ECCC, also known as the Khmer Rouge Tribunal) may only be made available if the Secretary of State
certifies to the Committees on Appropriations that the United Nations and Royal Government of Cambodia are taking credible steps to address allegations of corruption and mismanagement within the ECCC. Deputy Secretary Burns has signed the certification pursuant to State Department Delegation of Authority

245–1.

Background

The ECCC, which began operations in 2006, was established as a national court with UN assistance to bring to justice senior leaders and those most responsible for the deaths of as many as
two million Cambodians under the Khmer Rouge regime, which was in power from April 17, 1975, until January 6, 1979. In 2010, the ECCC completed its first case (Case 001), convicting Kaing Guek Eav (aka ‘‘Duch’’), former chief of the Tuol Sleng torture center, of crimes against humanity and war crimes, and sentenced him to 35 years in prison. Duch’s trial was the first attempt in three decades to hold a Khmer Rouge
official accountable for that era’s
atrocities and was a milestone in the history of Cambodian justice. In February 2012, the ECCC’s Supreme Chamber upheld that conviction, and
extended Duch’s sentence to life in prison. The United States, other foreign governments, and non-governmental organizations (NGOs) monitoring the ECCC agreed that proceedings throughout Case 001 met international standards of justice.

In September 2010, the four surviving senior leaders of the Khmer Rouge, including Nuon Chea (‘‘Brother Number 2’’), were indicted on a variety of charges (‘‘Case 002’’), including crimes against humanity, grave breaches of the Geneva Convention, and genocide. The trial commenced in November 2011, with court officials seeking to reach a verdict in 2014. In response to pre-trial motions, the Court found Ms. Ieng Thirith, the Khmer Rouge’s Minister of Social Affairs, mentally incompetent to
stand trial. She was released from custody in September 2012 after several appeals. Co-accused Ieng Sary, Foreign Minister during the Khmer Rouge regime, died on March 14, 2013, before a judgment could be rendered against him. Investigations by the ECCC’s Office of the Co-Investigating Judges commenced in September 2009 against three suspects (‘‘Case 003’’) and no final decision has been made regarding the legal question of whether the suspects and their alleged crimes fall within the jurisdiction of the ECCC. Two additional suspects (‘‘Case 004’’) are also being investigated.

Factors Justifying Determination and
Certification

From the time the ECCC commenced operations in 2006, there have been allegations of corruption on the administrative side of the court, primarily in the form of salary kickback schemes affecting Cambodian staff members. These allegations received widespread attention from U.S. and international media, and concerns about corruption led many to question the ECCC’s ability to deliver justice. In late 2008, at the request of the United States and other donors, the RGC removed the Cambodian head of administration, the person most associated with the corruption scheme. His replacement, Tony Kranh, who remains the Acting Director today, has been competent and has cooperated well with the donor community, ECCC officials, and the UN Office of Legal Affairs.

The ECCC, in cooperation with the UN, has taken additional steps to protect the integrity of its proceedings against corruption. In August 2009, the UN and RGC reached an agreement to establish an Independent Counselor (IC), who is semi-autonomous from the Tribunal’s administration, the UN, the RGC, and donor states, to hear and address allegations of corruption at the ECCC. The guidelines established for the Independent Counselor confirm his obligations to protect the confidentiality of complainants, ensure that there are no reprisals for whistle-blowing, and provide a report of his activities to both the UN and RGC. Addressing the ECCC in October 2010, the Secretary General
commended the work of the Independent Counselor and the effect that office has on the public perception
of the ECCC—that the Tribunal’s administration will not tolerate any form of corruption.

These steps have led to increased
confidence in the ECCC within Cambodia. The Human Rights Center of the University of California, Berkeley, conducted a survey across 125
Communes nationwide. The Center’s final report, released in 2011, revealed that an increasing number of
Cambodians have confidence in the

court.

Donor States, NGOs, and other monitors of the ECCC have expressed increased confidence in the proceedings as well. The Secretary General stated in the fall of 2010, ‘‘Beyond all doubt, the court has shown that it is capable of prosecuting complex international
crimes in accordance with international standards.’’ In a resolution adopted at its 18th session (September 2011), the Human Rights Council reaffirmed the importance of the ECCC as an independent and impartial body and
welcomed the assistance of member
states and the efforts of the Cambodian government to work with the UN to ensure the highest standards of
administration are met.

In July 2010, the UN established the office of the Special Expert on the ECCC to provide advice and assistance to successfully conduct a high-profile war
crimes tribunal. In furtherance of this mandate, the UN tasked the Special Expert with monitoring, reporting, and addressing any and all administrative issues related to the ECCC’s functioning. The position was held from July 2010 to October 2011 by J. Clint Williamson, former U.S. Ambassador-at-Large for War Crimes Issues (2006–2009). Williamson was succeeded in January 2012 by David Scheffer, also a former U.S. Ambassador-at-Large for War Crimes Issues (1997–2001).

The ECCC provides a monthly report
to the UN Controller and the UN Department of Economic and Social Affairs, which closely monitor the Tribunal’s activities, including its expenditures. In addition, all hiring on
the international side of the ECCC is vetted by the UN Department of


### 78466 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Notices

Economic and Social Affairs. The UN Office of Legal Affairs actively engages on judicial management issues. For example, that office recommended that
the Pre-Trial Chamber sit on a full-time basis in order to improve the ECCC’sefficiency and to expedite its decisionmaking, and the ECCC accepted the
recommendation.

Embassy Phnom Penh was notified of allegations of financial misconduct at the ECCC in September 2012, but a full UN investigation, including an independent audit, later proved the allegations false. In September, an outside observer approached an Embassy officer alleging that ECCC staff paid kickbacks on salaries and that large-scale financial misconduct occurred with donor money. The source did not offer any evidence and quoted only anonymous sources, but the Embassy assessed that the allegations were serious enough to warrant
notification of ECCC officials. Within days of receiving the Embassy’s information, UN Special Expert on the
ECCC David Scheffer traveled to Phnom Penh to investigate the allegations. The result of his initial investigation, which he shared with the UN in September 2012, showed small-scale misuse of resources, such as the use of a common television in a private office and the use of a vehicle for a single employee when it should have been designated to the motorpool. These misuses of resources were immediately corrected.

The ECCC subsequently retained the independent accounting firm Ernst & Young to conduct a spot audit of the Victim Support Section, where the anonymous sources had alleged that major misconduct had taken place. The spot audit examined financial assets and expenditures during the April–June 2012 time period and the inventory of physical assets. The results of the audit, made available to the U.S. government in December 2012, revealed that no major irregularities occurred. The spot audit found that ‘‘no exceptions were noted’’ when comparing receipts of
funds and disbursements of funds. Some computer equipment did not display correct serial numbers, but there was no evidence that any equipment was misused. While the spot audit was limited, it was sufficient to examine the allegations presented.

The ECCC took additional precautionary steps to help prevent (or reveal) corruption. As of October 2012, the tribunal reinstituted weekly office hours for the Independent Counselor at the ECCC itself (rather than at the Independent Counselor’s office) to receive allegations of corruption. The Independent Counselor could also receive allegations outside scheduled office hours. Embassy Phnom Penh is not aware of any reported allegations since that time. In addition, ECCC administrative leadership conducted an all-staff meeting in October to announce the availability of the Independent Counselor and highlight procedures to report corruption confidentially. ECCC section heads were also brought together to examine allegations of staff
kickbacks. These efforts have not produced any evidence of corruption.
Based on the efforts of the ECCC officials and the independent auditors, no credible evidence of corruption or major mismanagement was discovered.

With the appointment of Mark
Harmon as the new international CoInvestigating Judge in 2012, there has been renewed progress in Case 003 and 004 investigations. Since his arrival in October 2012, Judge Harmon has nearly fully staffed an office that had been affected by departures and established a constructive working relationship with his counterpart You Bunleng. While Judge Bunleng has not publicly agreed that the Case 003 and 004 investigations should go forward, he is also not obstructing Judge Harmon’s investigative efforts. The Case 003 and 004 investigations under Judge Harmon are proceeding expeditiously, and ECCC officials expect that they will be completed in the first half of 2014 absent unexpected delays.

The ECCC’s jurisdiction over suspects in the Cases 003/004 has yet to be resolved; therefore the co-investigating judges have not made a final
determination on whether these
individuals should be indicted. Should
the national and international coinvestigating judges disagree on an
indictment at the conclusion of the investigation, there is a formal process under the governing documents of the ECCC for resolving this disagreement in
the Pre-Trial Chamber.

Certification and United States Policy Objectives

This certification recognizes the
efforts of the UN and the RGC to address allegations of corruption and mismanagement within the ECCC. It is not an indication, however, that their responsibilities have concluded. 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 UN and the RGC to ensure that the ECCC remains judicially independent, corruption-free and well-managed.

[FR Doc. 2013–30819 Filed 12–24–13; 8:45 am]

**BILLING CODE 4710–30–P TENNESSEE VALLEY AUTHORITY** 

**Meeting of the Regional Energy**
**Resource Council**

**AGENCY :**  Tennessee Valley Authority (TVA).

**ACTION :**  Notice of Meeting.

**SUMMARY :**  The TVA Regional Energy Resource Council (RERC) will hold an orientation meeting on Wednesday and Thursday, January 22 and 23, 2014, regarding regional energy related issues in the Tennessee Valley.

The RERC was established to advise TVA on its energy resource activities and the priorities among competing objectives and values. Notice of this meeting is given under the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2.

The meeting agenda includes the following:

1. Welcome and Introductions 2. TVA updates regarding recent
Board of Directors decisions

3. Presentations and discussion concerning TVA’s Integrated Resource Planning process, focusing on TVA’s business objectives including rates, reliability, resiliency and environmental responsibility.

4. Public Comments

5. Council Discussion on the balancing of TVA’s business objectives during Integrated Resource Planning.

The RERC will hear opinions and views of citizens by providing a public comment session. The public comment session will be held at 10:00 a.m. EST, on January 23. Persons wishing to speak are requested to register at the door by 9:00 a.m. on Thursday, January 23 and will be called on during the public comment period. Handout materials should be limited to one printed page.
Written comments are also invited and may be mailed to the Regional Energy Resource Council, Tennessee Valley Authority, 400 West Summit Hill Drive, WT–11 B, Knoxville, Tennessee 37902.

**DATES :**  The meeting will be held on Wednesday, January 22, from 12:45 to 4:45 p.m. and Thursday, January 23
from 8:00 a.m. to noon EST.

**ADDRESSES :**  The meeting will be held at the Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, TN 37902 and will be open to the public. Anyone needing special access or
accommodations should let the contact
below know at least a week in advance.

**FOR FURTHER INFORMATION CONTACT :**  Beth Keel, 400 West Summit Hill Drive, WT– 11 B, Knoxville, Tennessee 37902, (865)

632–6113.