Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004-Resumed

FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2004-RESUMED

INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT

Mr. MCCONNELL. Mr. President, I see the Senators from Virginia and Vermont on the floor, and am wondering if they could provide some additional information on their amendment concerning enforcement of intellectual property laws.

Mr. ALLEN. I thank the Senator from Kentucky. The Allen-Leahy amendment provides $5 million under the "International Narcotics and Law Enforcement" account to improve enforcement of intellectual property laws to combat piracy in developing countries. This is a very important issue, as it relates directly to our economic viability as a nation.

Mr. LEAHY. I agree with the Senator from Virginia. The lack of enforcement of intellectual property laws is a serious problem. It undermines the rule of law in other nations, and it hurts U.S. economic and cultural interests. Perhaps most importantly, it reduces incentives for Americans to be creative. And, we know that American ingenuity is a major reason that the United States is the Nation it is today.

This amendment will help address some of these problems. It will also help developing nations comply with the WTO agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPS, and other intellectual property agreements, which is very important.

Some of these nations have problems meeting the most basic needs of their people, and it is safe to say that this assistance could be the difference between the enforcement of these laws or piracy continuing unabated.

Mr. MCCONNELL. I thank my good friend from Vermont. I agree with what has been said on this by the Senators from Virginia and Vermont. I think this is a good idea, and would like to ask, for clarification purposes, a question of the Senator form Virginia. How would this money be spent and what type of assistance would be provided by these funds?

Mr. ALLEN. This amendment allows the administration to be extremely flexible in finding an approach. It could involve training, equipment, or a range of other measures.

I do not want to micro-manage this process. I want to leave this in the hands of those in the administration with expertise on this issue. I would defer, in large measure, to State Department officials, especially those posted overseas who are dealing with the problem on a daily basis, to come up with a workable strategy.

However, I do believe that this is a problem that requires a coherent plan and a coordinated approach by the United States Government. And, I believe that the State Department, in close consultation with the United States Trade Representative, USTR, and the Department of Commerce, should formulate a detailed strategy for the use of these funds before they are obligated.

Other agencies, such as the Patent and Trademark Office, the Department of Homeland Security, the Department of Justice, and the Library of Congress, have expertise on this issue. They can be extremely helpful in implementing these programs, especially with respect to training individuals from developing nations.