[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.

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