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SEC. 6. IMPORTING AND EXPORTING AUTHORITIES.
(a) IN THE UNITED STATES.—For purposes of this
Act—
(1) the importing authority shall be the United
States Bureau of Customs and Border Protection or,
in the case of a territory or possession of the United
States with its own customs administration, analo-
gous officials; and
(2) the exporting authority shall be the Bureau
of the Census.
(b) OF OTHER COUNTRIES.—The President shall pub-
lish in the Federal Register a list of all Participants, and
all exporting authorities and importing authorities of Par-
ticipants. The President shall update the list as necessary.
SEC. 7. STATEMENT OF POLICY.
The Congress supports the policy that the President
shall take appropriate steps to promote and facilitate the
adoption by the international community of the Kimberley
Process Certification Scheme implemented under this Act.
SEC. 8. ENFORCEMENT.
(a) IN GENERAL.—In addition to the enforcement pro-
visions set forth in subsection (b)—
(1) a civil penalty of not to exceed $10,000 may
be imposed on any person who violates, or attempts
to violate, any license, order, or regulation issued
under this Act; and
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(2) whoever willfully violates, or willfully at-
tempts to violate, any license, order, or regulation
issued under this Act shall, upon conviction, be fined
not more than $50,000, or, if a natural person, may
be imprisoned for not more than 10 years, or both;
and any officer, director, or agent of any corporation
who willfully participates in such violation may be
punished by a like fine, imprisonment, or both.
(b) IMPORT VIOLATIONS.—Those customs laws of the
United States, both civil and criminal, including those laws
relating to seizure and forfeiture, that apply to articles im-
ported in violation of such laws shall apply with respect
to rough diamonds imported in violation of this Act.
(c) AUTHORITY TO ENFORCE.—The United States Bu-
reau of Customs and Border Protection and the United
States Bureau of Immigration and Customs Enforcement
are authorized, as appropriate, to enforce the provisions of
subsection (a) and to enforce the laws and regulations gov-
erning exports of rough diamonds, including with respect
to the validation of the Kimberley Process Certificate by
the exporting authority.
SEC. 9. TECHNICAL ASSISTANCE.
The President may direct the appropriate agencies of
the United States Government to make available technical
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assistance to countries seeking to implement the Kimberley
Process Certification Scheme.
SEC. 10. SENSE OF CONGRESS.
(a) ONGOING PROCESS.—It is the sense of the Congress
that the Kimberley Process Certification Scheme, officially
launched on January 1, 2003, is an ongoing process. The
President should work with Participants to strengthen the
Kimberley Process Certification Scheme through the adop-
tion of measures for the sharing of statistics on the produc-
tion of and trade in rough diamonds, and for monitoring
the effectiveness of the Kimberley Process Certification
Scheme in stemming trade in diamonds the importation or
exportation of which is not controlled through the Kim-
berley Process Certification Scheme.
(b) STATISTICS AND REPORTING.—It is the sense of the
Congress that under Annex III to the Kimberley Process
Certification Scheme, Participants recognized that reliable
and comparable data on the international trade in rough
diamonds are an essential tool for the effective implementa-
tion of the Kimberley Process Certification Scheme. There-
fore, the executive branch should continue to—
(1) keep and publish statistics on imports and
exports of rough diamonds under subheadings
7102.10.00, 7102.21, and 7102.31.00 of the Har-
monized Tariff Schedule of the United States;
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(2) make these statistics available for analysis by
interested parties and by Participants; and
(3) take a leadership role in negotiating a stand-
ardized methodology among Participants for report-
ing statistics on imports and exports of rough dia-
monds.
SEC. 11. KIMBERLEY PROCESS IMPLEMENTATION COORDI-
NATING COMMITTEE.
The President shall establish a Kimberley Process Im-
plementation Coordinating Committee to coordinate the im-
plementation of this Act. The Committee shall be composed
of the following individuals or their designees:
(1) The Secretary of the Treasury and the Sec-
retary of State, who shall be co-chairpersons.
(2) The Secretary of Commerce.
(3) The United States Trade Representative.
(4) The Secretary of Homeland Security.
(5) A representative of any other agency the
President deems appropriate.
SEC. 12. REPORTS.
(a) ANNUAL REPORTS.—Not later than 1 year after
the date of the enactment of this Act and every 12 months
thereafter for such period as this Act is in effect, the Presi-
dent shall transmit to the Congress a report—
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(1) describing actions taken by countries that
have exported rough diamonds to the United States
during the preceding 12-month period to control the
exportation of the diamonds through the Kimberley
Process Certification Scheme;
(2) describing whether there is statistical infor-
mation or other evidence that would indicate efforts
to circumvent the Kimberley Process Certification
Scheme, including cutting rough diamonds for the
purpose of circumventing the Kimberley Process Cer-
tification Scheme;
(3) identifying each country that, during the
preceding 12-month period, exported rough diamonds
to the United States and was exporting rough dia-
monds not controlled through the Kimberley Process
Certification Scheme, if the failure to do so has sig-
nificantly increased the likelihood that those dia-
monds not so controlled are being imported into the
United States; and
(4) identifying any problems or obstacles encoun-
tered in the implementation of this Act or the Kim-
berly Process Certification Scheme.
(b) SEMIANNUAL REPORTS.—For each country identi-
fied in subsection (a)(3), the President, during such period
as this Act is in effect, shall, every 6 months after the initial
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report in which the country was identified, transmit to the
Congress a report that explains what actions have been
taken by the United States or such country since the pre-
vious report to ensure that diamonds the exportation of
which was not controlled through the Kimberley Process
Certification Scheme are not being imported from that
country into the United States. The requirement to issue
a semiannual report with respect to a country under this
subsection shall remain in effect until such time as the
country is controlling the importation and exportation of
rough diamonds through the Kimberley Process Certifi-
cation Scheme.
SEC. 13. GAO REPORT.
Not later than 24 months after the effective date of this
Act, the Comptroller General of the United States shall
transmit a report to the Congress on the effectiveness of the
provisions of this Act in preventing the importation or ex-
portation of rough diamonds that is prohibited under sec-
tion 4. The Comptroller General shall include in the report
any recommendations on any modifications to this Act that
may be necessary.
SEC. 14. DELEGATION OF AUTHORITIES.
The President may delegate the duties and authorities
under this Act to such officers, officials, departments, or