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

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. 


emcdonald on DSK67QTVN1PROD with NOTICES
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) 


emcdonald on DSK67QTVN1PROD with NOTICESEN26DE13.088</GPH>

"'~v ... ~.,vu Ke.U!lIea to the Khmer Rouge 

tln(:aU()n and reia:Ltea Nlc:mc.rarlaum 

appropriate committees of the Congress and .................. , ......... in 

AU ...... &: J. Burns 

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

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 


emcdonald on DSK67QTVN1PROD with NOTICES
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’s 

efficiency 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. 


emcdonald on DSK67QTVN1PROD with NOTICES