Extending Immunities to the Office of the High Representative and the International Civilian Office in Kosovo Act of 2010

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.

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.

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.

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.

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

Madam Speaker, I have no further requests for time, and I yield back the balance of my time.

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. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 5139, which was received from the House and is at the desk.

Mr. President, I ask unanimous consent that the bill be read the third time and passed, the motion to reconsider be laid upon the table, with no intervening action or debate, and that any statements related to the bill be printed in the Record.