[Congressional Record Volume 156, Number 76 (Wednesday, May 19, 2010)]
[House]
[Pages H3612-H3613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXTENDING IMMUNITIES TO THE OFFICE OF THE HIGH REPRESENTATIVE IN BOSNIA
AND HERZEGOVINA AND THE INTERNATIONAL CIVILIAN OFFICE IN KOSOVO ACT OF
2010
Mr. McMAHON. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 5139) to provide for the International Organizations
Immunities Act to be extended to the Office of the High Representative
in Bosnia and Herzegovina and the International Civilian Office in
Kosovo, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5139
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extending Immunities to the
Office of the High Representative in Bosnia and Herzegovina
and the International Civilian Office in Kosovo Act of
2010''.
SEC. 2. AUTHORITY TO EXTEND THE PROVISIONS OF THE
INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT TO
THE OFFICE OF THE HIGH REPRESENTATIVE IN BOSNIA
AND HERZEGOVINA AND THE INTERNATIONAL CIVILIAN
OFFICE IN KOSOVO.
The International Organizations Immunities Act (22 U.S.C.
288 et seq.) is amended by adding at the end the following
new section:
``Sec. 17. The provisions of this title may be extended to
the Office of the High Representative in Bosnia and
Herzegovina (and to its officers and employees) or the
International Civilian Office in Kosovo (and to its officers
and employees) in the same manner, to the same extent, and
subject to the same conditions, as such provisions may be
extended to a public international organization in which the
United States participates pursuant to any treaty or under
the authority of any Act of Congress authorizing such
participation or making an appropriation for such
participation. Any such extension may provide for the
provisions of this title to continue to extend to the Office
of the High Representative in Bosnia and Herzegovina (and to
its officers and employees) or the International Civilian
Office in Kosovo (and to its officers and employees) after
that Office has been dissolved.''.
SEC. 3. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. McMahon) and the gentleman from Texas (Mr. Poe) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. McMAHON. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. McMAHON. Madam Speaker, I yield myself such time as I may
consume.
I rise in strong support of this bill that provides legal protection
for U.S. personnel working in two Balkans-based organizations.
I wish to thank my good friend from California and the chairman of
the Foreign Affairs Committee, Representative Howard Berman, for
introducing this important measure.
The Office of the High Representative, or OHR, in Bosnia and
Herzegovina and the International Civilian Office, the ICO, in Kosovo
arose out of efforts by the international community, with the United
States' leadership, to bring peace and stability to the Balkans
following the conflicts in the 1990s.
The OHR has been performing an invaluable function in overseeing the
civilian implementation of the Dayton Accords, while the ICO has been
ensuring implementation of provisions of the Comprehensive Proposal of
the Kosovo Status Settlement. Over 200 Americans have worked at these
organizations.
H.R. 5139 amends the International Organizations and Immunities Act,
or the IOIA, by authorizing the President to extend privileges and
immunities to the officers and employees of the OHR and ICO.
This technical fix seeks to help avoid costly and politically
sensitive litigation in the United States' courts against employees of
these organizations who are not otherwise guaranteed immunity under the
IOIA.
Unlike typical international organizations designated under the IOIA,
neither the OHR nor the ICO is intended to endure beyond a limited
timeframe necessary for implementing their mandates. Thus, H.R. 5139
enables the President to extend the privileges and immunities after
these bodies are dissolved, since even then litigation may
[[Page H3613]]
be brought against former employees or for records of the organization.
It is of utmost importance that the United States Government protects
its diplomats who serve in international organizations, often at great
personal risk and sacrifice, from financial and personal ruinous
litigation. In addition, we must preserve our ability to use informal
institutions to conduct foreign policy and attract qualified personnel.
Madam Speaker, I urge my colleagues to support H.R. 5139.
I reserve the balance of my time.
Mr. POE of Texas. Madam Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 5139.
The Office of High Representative in Bosnia and the International
Civilian Office in Kosovo were established to help promote stable,
multiethnic democratic governance in those countries in the aftermath
of the vicious warfare they suffered throughout the 1990s.
The United States has supported these missions and assigned American
diplomats to help them with critical expert advice. Regrettably, these
American diplomats could now face costly, politically motivated
nuisance lawsuits based on their actions in the course of their
official duties while helping those organizations and those nations.
For other international organizations in which the United States
participates by treaty or by an act of this Congress, the President may
freely extend immunity from such lawsuits to officers and employees
under the International Organization Immunities Act. However, due to
the ad hoc nature of their establishment, these two offices are not
automatically covered by this law. This brief bill seeks to rectify the
issue by allowing the President to extend those privileges and
immunities to those organizations and their employees.
Congress has similarly amended the IOIA to extend immunities to other
organizations falling in similar gray areas, such as the European Space
Agency, the Organization of Eastern Caribbean States, and the Global
Fund to Fight AIDS, among just a few.
{time} 1500
These immunities are not nearly as broad as the personal immunity
enjoyed by foreign diplomats in the United States, but will insulate
our officers from suit only for their official actions as employees of
those organizations, and may be revoked by the President at any time.
I'm pleased to support the passage of this measure, which represents a
bipartisan text that was worked out with the Department of State and
with our Senate colleagues.
With that, Madam Speaker, I yield back the balance of my time.
Mr. POMEROY. Madam Speaker, I rise today in support of H.R. 5139.
I strongly support this needed legislation which extends the
diplomatic protections granted under the International Organizations
and Immunities Act (IOIA) to employees of the Office of the High
Representative (OHR) in Bosnia and Herzegovina and the International
Civilian Office (ICO) in Kosovo. The OHR and ICO have been critical
institutions for fostering peace and stability in Bosnia and Kosovo,
but due to their unique ad hoc structure, the employees of these
institutions are at risk of litigation related to the carrying out of
their official duties.
This is unacceptable. Other similar institutions have been extended
IOIA protections, and we must bring the OHR and ICO under the IOIA
umbrella. Acting on this issue in a timely manner is especially
important as neither the OHR nor ICO is intended to endure beyond a
limited time frame necessary for the implementation of their mandate.
The hard working men and women at the OHR and ICO have worked
tirelessly, often at great personal sacrifice, to promote peace in the
region. This is especially apparent with respect to their efforts to
root out corruption and to freeze assets used by war criminals.
Unfortunately, obstructionist political elements in the region have
been all too vocal regarding their intent to take legal action against
employees of the OHR and ICO. It is unacceptable that OHR and ICO
employees could face potential lawsuits for their official actions
carried out with the express purpose of furthering core United States
foreign policy objectives.
The bill before us takes the necessary step of bringing the OHR and
ICO under the IOIA, and grants well deserved protections to those
working to bring peace and stability to the countries of Bosnia and
Kosovo. Please support this resolution.
Mr. McMAHON. Madam Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. McMahon) that the House suspend the rules
and pass the bill, H.R. 5139, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________