Transit System Flexibility Protection Act of 2003

Mr. Speaker, I thank the distinguished chairman for yielding me this time and for his great work on behalf of this legislation, and to the gentleman from New York (Mr. Houghton) for his superb leadership in crafting this bill.

I rise in strong support, Mr. Speaker, of the Clean Diamond Trade Act, a long overdue measure that will restore the U.S. in a leadership position in the fight against the trade in conflict diamonds. For too long, the international community has looked the other way as rebel groups have trafficked in the sale of lethal military weapons using the profits from the sale of these diamonds to finance efforts to overthrow legitimate governments.

This bill will put in place the required laws and regulations designed to monitor and control the import and export of the trade in conflict diamonds so they can no longer be used to support instability and armed conflict throughout much of Africa and other parts of the world.

By all accounts, they are aptly named conflict diamonds. During the past decade, more than 6 million people from Sierra Leone, Angola, and the Democratic Republic of the Congo have been driven from their homes by wars waged in large part for control for diamond mining areas.

I have met on several occasions, Mr. Speaker, with David Crane, the Sierra Leone Special War Crimes Prosecutor, who told me about ghastly war crimes committed in the name of diamond profits. Not only has the illegitimate trade of diamonds led to systematic and gross human rights violations and civil unrest, so too it has hurt the trade in legitimate diamonds, which makes a critical contribution to the economies of many developing countries.

Numerous resolutions, Mr. Speaker, of the United Nations Security Council under Chapter VII of the U.N. Charter, including resolutions 1173, 1295, 1306, and 1343, as well as a United Nations General Assembly resolution in 2000 have laid the groundwork for devising an international regime to stop the flow of these conflict diamonds.

The first meeting, as I think Members know, to discuss this took place in Kimberly, South Africa, in May of 2000 at the initiative of the African producing countries. Many technical and working group meetings took place subsequent to that throughout Africa and Europe, culminating in the November 2002 meeting in Interlaken, Switzerland, finalizing the so-called Kimberly Process.

This historic meeting committed all 48 participants, including the United States, to the rapid implementation of its diamond certification scheme for rough diamonds consistent with international trade rules. Fully consistent with the work of the diamond industry, including the World Diamond Council, numerous civil society representatives and key NGOs, the voluntary self-regulating initiatives from many producing importing countries have now been melded through the Kimberly Process into a global system of mutually recognized certificates for legitimate diamonds.

Our own Nation's extensive participation in this effort, under the auspices of the State Department's special negotiator for conflict diamonds, is reflected in the measure before us today. The bill implements our obligations to prohibit the import or export of rough diamonds not controlled by the Kimberly Process.

The bill specifies that the exporting authority under the bill will be the Bureau of the Census, and their role will be to issue the required regulations and guidelines to ensure that any proposed exports of rough diamonds be made through the automated export system. Any efforts to fully evaluate and enforce this system validating Kimberly Process Certificates would be undertaken by the United States Bureau of Customs and Border Protection and the Bureau of Immigration and Customs Enforcement.

I would also point out to my colleagues that the legislation gives the State Department a lead role, together with the Treasury, in implementing the legislation. In this regard, the existing special negotiator for conflict diamonds in the Bureau for Economic and Business Affairs should continue to play a key role in this effort.

Mr. Speaker, it is the expectation of the Committee on International Relations that it will be fully consulted by the Department to the extent it decides to take any action to modify this position in any way. It has been brought to my attention that a number of nongovernmental organizations who are taking an active role in monitoring the implementation of the Kimberly Process have expressed concerns that several countries, including the Republic of the Congo, the Democratic Republic of the Congo, Zimbabwe and the

Central African Republic, have been admitted as participants in the certification scheme despite evidence of continued illegal trade in rough diamonds.

I would ask the Department to examine this evidence and take any and all appropriate actions necessary to mitigate and stop this illegal activity. I urge support for the bill.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1584) to implement effective measures to stop trade in conflict diamonds, and for other purposes, as amended.

Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Royce).

Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. Houghton).

Mr. Speaker, I yield 3 minutes to the gentleman from Virginia (Mr. Wolf).

Mr. Speaker, I yield 5 minutes to the gentleman from New Jersey (Mr. Smith).

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, before I speak on the bill, I want to congratulate Members on both sides of the aisle, especially the gentleman from New York (Mr. Houghton) for the gentleman's work on behalf of getting this bill introduced. I also thank the gentleman from Virginia (Mr. Wolf) and the gentleman from California (Mr. Lantos) and the gentleman from New York (Mr. Rangel) on the other side of the aisle.

This is a very important bill that has nothing to do with partisan politics whatsoever. When it was introduced in 2001, it passed this body by a vote of 408 to six. I think the six Members that voted against it at the time are probably reconsidering it because there is no basis for anyone to find any objections to it.

I hope that the bill we have before us this evening, based on H.R. 2722 from the 107th Congress, which passed by that 408 to six vote, and since that time the administration has worked with the international community to finalize the structure of the Kimberly Process Certification Scheme which controls the trade in rough diamonds, that it is to all countries, and it prevents trade in conflict diamonds and the bill reflects the new structure. I thank the administration for its hard work and dedication to the effort on this important issue, too.

The funds derived from the sale of rough diamonds have been used by rebels and state actors to finance military activities and to overthrow legitimate governments, subvert international efforts to promote peace and stability, and commit horrifying atrocities against unarmed citizens.

During the past decade, more than 6.5 million people from Sierra Leone, Angola, and the Democratic Republic of the Congo have been driven from their homes by wars waged in large part for control of diamond mining areas. The United Nations Security Council has issued resolutions urging nations to take actions against conflict diamonds. In response, the United States has issued various Presidential executive orders to ban direct imports from nations subject to the United Nations resolution. The United States has also led international negotiations to reach an agreement that set standards for diamond extracting and trading nations to meet.

These international negotiations, the Kimberly Process it is called, came after the name of the city in which they were initiated. It creates a system of checks and balances for rough diamonds throughout the world. This system tracks through governmentally verifiable certificates that trade in diamonds between countries and individuals. Since its January 1 implementation date, over 40 countries are participating in this system. The United States requires this system to ensure that its leadership position in this critical matter continues. Finally, this bill is consistent with our WTO obligations.

Mr. Speaker, I strongly urge my colleagues to support this bipartisan bill and to pass this important legislation.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume, and I ask unanimous consent to yield the balance of the time, after I am done, to the gentleman from California (Mr. Lantos), the ranking member of the Committee on International Relations, and also that he be allowed to allocate that time as he desires.

Mr. Speaker, I rise in support of this legislation. H.R. 1584, the Clean Diamond Trade Act, implements our obligations, the U.S. obligations under the Kimberley Process Certification Scheme, an international system designed to ensure that rough diamonds entering the U.S. are legally mined and traded.

Once in place, this system will be instrumental in ensuring that conflict diamonds, gems that have fueled decades-long wars and atrocities in Africa, are not imported into the United States.

This legislation represents the culmination of a 3-year effort led in substantial part by the gentleman from Virginia (Mr. Wolf) and former Member, the gentleman from Ohio (Mr. Hall), and the gentleman from New York (Mr. Houghton), who is here today, and I salute his efforts, and the gentleman from New York (Mr. Rangel).

Each of these Members has helped to keep the spotlight focused on the terrible toll trade in conflict diamonds has had on the people of sub- Saharan Africa. They have worked diligently and responsibly to address the concerns of the administration and of the gentleman from California (Mr. Thomas). They have also worked to address concerns about the impact of rough diamond regulations on legitimate diamond trade in countries such as Botswana, Namibia, South Africa, and Tanzania.

Let me just say briefly a word about the circumstances under which this bill is being considered. There is an urgent time factor. As a result, this legislation was not considered in the Committee on Ways and Means or the Committee on International Relations; but this was not basically an effort to bypass the committee process which, in my view, is essential to the development of sound legislation. Rather, we agreed, on a bipartisan basis, because of time constraints, to proceed in this manner, in part in large measure because of the implications of continued nonaction by the U.S.

Specifically, as I understand it, the entire international certification system was not going to go into effect because we here had not implemented our obligations. So I am glad we were able to work across the aisle, across committees and with the NGO community,

the diamond industry and the diamond mining country representatives to put this bill together.

I believe it is a beneficial work product, one which I urge my colleagues to pass; and also I think it is an example of how to proceed on a bipartisan basis. It makes sense here, and it makes sense on other important issues.

Specific provisions I am pleased to see included are inclusion of recordkeeping requirements for importers and exporters of rough diamonds, mandatory executive branch oversight of any entity that issues Kimberley process certificates and provisions to coordinate activities of the various agencies and departments that will implement this bill and U.S. Kimberley process obligations. With these additions, this bill sends an important signal to the international community that we here are engaged; that we here take this issue seriously; and that we here expect other nations to take the necessary steps to help eradicate this plight.

Mr. Speaker, I yield myself such time as I may consume, and I rise in strong support of this resolution. First, Mr. Speaker, I would like to commend my good friend and colleague, the gentleman from New York (Mr. Houghton), who has done so much to promote human rights and human dignity and fairness and justice in Africa, and indeed throughout the globe. I also want to thank all of my colleagues on both sides of the aisle for making a contribution to this legislation.

Mr. Speaker, our legislation requires the United States to participate in the Kimberly Process certification scheme. This process is designed to prevent international trade in conflict diamonds while protecting legitimate trade.

One cannot speak of conflict diamonds, Mr. Speaker, without recalling in vivid detail the young children from Sierra Leone who came before this Congress as tiny witnesses to the horror of so-called resource wars in Africa. Little boys and little girls with arms and legs missing sat quietly before the Committee on International Relations as we listened to the gruesome details of the civil war in Sierra Leone.

The civil war was not a just war. This was a war of shameless greed and shameless corruption, an uncivilized war that knew no mercy, that knew no limit to cruelty. This war, and the wars in Angola and the so- called Democratic Republic of Congo, were fueled in large part by the illicit trade in so-called conflict diamonds. While some call these diamonds a curse on these countries, it is the evil men who would slaughter parents and maim children who are the ultimate curse on these countries and on humanity as a whole.

Mr. Speaker, the wars in Sierra Leone and Angola have ended, and in Sierra Leone many of the wrongdoers are being brought to justice. Sanctions against conflict diamonds played a significant part in helping to stop these wars. While the immediate crisis has passed, the effects will linger far into the future. I trust we will be willing to step up to the plate when we are called upon to help.

Mr. Speaker, H.R. 1584 will make sure that the United States and our jewelry industry are not complicit in any further exploitation of diamonds to fuel civil conflicts. Our legislation prohibits the importation to or exportation from the United States of any rough diamonds, from whatever source, that are not controlled through the Kimberly Process. I urge all of my colleagues to support H.R. 1584.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I am very pleased to yield 3 minutes to the gentlewoman from California (Ms. Lee), my good friend and neighbor, who has fought so hard for human rights in Africa and elsewhere.

Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. Rangel).

(Mr. RANGEL asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I yield 2 minutes to the gentleman from New York (Mr. Meeks).

Mr. Speaker, I yield 2 minutes to the gentleman from Arkansas (Mr. Synder).

Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Watson), a former distinguished ambassador, and a distinguished member of the Committee on Ways and Means.

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

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I thank the gentleman for yielding me this time, and I want to say thanks to the chairman of the Committee on Ways and Means, the gentleman from California (Mr. Thomas), the chairman of the Subcommittee on Trade, the gentleman from Illinois (Mr. Crane), and their staff, Angela Ellard and Dave Kavanaugh, with the help of Viji Rangaswami from the minority staff for their efforts on the bill. In addition, I want to thank the gentleman from New York (Mr. Houghton) and his staff, Bob Van Wicklin for pulling this bill together and staying very faithful during this difficult time; also, Frank Record and Joan Condon from the Committee on International Relations for their important contributions.

The passage of this bill is really a tribute to a former Congressman, Tony Hall, who brought this issue to the body and asked me to go with him several years ago to Sierra Leone. So, Tony, this is really because of your work. And who says one person cannot make a difference?

Mr. Speaker, millions of people have died in Africa because of the bloodshed surrounding conflict diamonds. The bill we consider today may finally bring hope and justice to the millions of Africans who have suffered. In addition, major media organizations, the Washington Post and the BBC, have reported direct connections between blood diamonds and the al Qaeda terrorist network. Addressing the issue of conflict diamonds is not only essential for the millions dying and suffering in Africa but also for America's national security.

This version of the bill before the House is a good one, and I am confident the President has the tools to ban trade of rough diamonds that fund terrorists and other groups that commit despicable actions against innocent people. The al Qaeda, Hezbollah, and many other groups have been funded through this diamond trade.

This bill is an important improvement over other drafts we have seen this year. For example, the bill language has established the Kimberly Process Coordination Committee. The committee would coordinate the implementation of the act. Both the Secretaries of State and Treasury would be chairs of the committee. With the assistance of the Secretaries of Commerce, Homeland Security, and the U.S. Trade Rep, there would be greater pressure to be sure the process is implemented as the Congress intends.

Further, a former Ambassador to Sierra Leone, Ambassador Melrose, has told us that the ability to maintain statistical information is vital to make a determination as to whether or not the Kimberly Process is being successful or circumvented. This will take care of that.

The bill prevents illicit conflict diamonds from entering the United States. This is a tribute not only to former Congressman Hall, but also as a sign that we care deeply about the young men and women and children who had their arms cut off and all those activities that took place. And I just want to thank all the Members and the staff that have been involved in bringing this bill here.