[Congressional Record Volume 142, Number 16 (Tuesday, February 6, 1996)]
[Senate]
[Pages S916-S917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself and Mr. D'Amato, and Mrs. 
        Feinstein):
  S. 1560. A bill to require Colombia to meet antinarcotics performance 
standards for continued assistance and to require a report on the 
counternarcotics efforts of Colombia; to the Committee on Foreign 
Relations.


                 certification of colombia legislation

  Mr. GRASSLEY. Mr. President, in recent weeks we have seen a variety 
of events in Colombia that raise serious doubts about the extent to 
which the Government of Colombia is taking the steps necessary to 
ensure full cooperation with the United States on the issue of drugs. 
We are now approaching the annual period for certification. Under U.S. 
law, the President is required to certify annually whether major drug 
trafficking and producing countries are cooperating fully with the 
United States to end drug production, trafficking, and related drug 
activities.
  Last year, we saw the Government of Colombia--facing the possibility 
of congressional sanctions--take more vigorous action to arrest several 
key figures in the Cali cocaine empire. Until that point the Government 
of Colombia had done little to arrest or prosecute these individuals. 
This was true even though their whereabouts was commonly known and they 
were frequently strutting around the streets of Colombia's major 
cities. I, among others of my colleagues, was encouraged by the steps 
taken to finally put these thugs behind bars. The courageous actions of 
Colombia's prosecutor general and the leading counterdrug police 
official--both brave and incorruptible individuals under daily threats 
of death--were welcome signs that despite massive corruption, Colombia 
was prepared to take effective action.

  But I did not believe then nor do I believe now that these arrests 
are enough. I indicated to the Government of Colombia on several 
occasions when senior officials visited me, that it was follow through 
that meant everything. I have written the Colombian ambassador and have 
indicated verbally to various cabinet members on state visits to the 
United States my concern that arrests were only a beginning.
  I also asked these various individuals for assurances that the major 
drug lords were under proper control. That they were not able to 
continue to direct their drug empires while living at state expense. 
That they would face serious punishment. That they would lose their 
stolen fortunes built on selling poison in this country. That they 
would give up information leading to efforts to dismantle their drug 
empires. And that adequate steps would be taken to deal with the 
corruption of Colombia's political system. A corruption that gave these 
kingpins freedom to violate Colombian, United States, and international 
law with impunity.
  I was assured that all these things were being done. But in the last 
several weeks, what do we see? Just a few weeks ago, one of the major 
Cali drug lords simply walked out of prison. It was hours before anyone 
even knew he was gone and steps were taken to find him. It is clear 
that his escape was arranged by his prison guards in his employment. It 
is also clear that he was never under adequate supervision. He remains 
at large trying to negotiate even better terms for his return to 
custody. If this is true for Santacruz Londono, it is also true of the 
other drug kingpins. If they can carry on these types of activities in 
jail under the very eyes--and often with the cooperation of their 
jailers--then what does this say about guarantees that they are not 
continuing to direct their business empire while in custody?
  I must say I have been very disappointed by these developments. But 
these are not all. In the last several days we have seen a former 
cabinet minister and close friend accuse the President of Colombia of 
knowingly collaborating with drug lords. These accusations come on top 
of similar reports from the former financial manager of the President's 
election campaign and from some of the Cartel leaders themselves. Tape 
recorded conversations indicating connections between senior government 
officials and drug lords are now part of the public record. These come 
in an environment in which our own sources indicate that there is 
extensive corruption of Colombia's legislative process stemming from 
these same drug lords. Just recently, the Colombian Congress only 
narrowly defeated a provision that would have given virtual amnesty to 
the drug lords and a guarantee that they could keep their illegal 
fortunes. In addition, massive shipments of cocaine in cargo jets and 
in commercial traffic continue to flood northward, while money 
laundering and financial manipulation are commonplace.

  All of these various developments come at a time when the President 
of the United States, as he is required to do by law, is considering 
whether or not to certify Colombia as fully cooperating with the United 
States in suppressing the drug trade. I am seriously concerned that the 
present state of developments in Colombia raises the most serious 
doubts about that certification. The fate of Colombia's president, 
whether he resigns or not under a cloud, is a purely Colombian matter. 
I leave that issue in the hands of the good citizens of Colombia. But 
the issue of certification is purely an 

[[Page S917]]
American matter. It is a policy concern for the President and for this 
body.
  Given the history I have just related, I must voice my serious 
concerns about whether Colombia meets even minimal standards for fully 
cooperating with the United States as is defined in the law. Moreover, 
as evidence accumulates about the degree of official corruption in 
Colombia at the highest levels, we must also consider a further 
requirement of the law that enjoins the President to suspend United 
States assistance. That is section 487 of the Foreign Assistance Act. 
This provision requires the United States to suspend assistance to 
institutions or governments when there is sufficient reason to believe 
that the assistance is going to known or suspected drug traffickers or 
their confederates.
  Mr. President, given current developments in Colombia. Given growing 
doubts about the integrity of the prison system. Given doubts about the 
integrity of the very political authorities who must receive and 
administer United States assistance and who are charged with enforcing 
Colombia's counterdrug policies. I believe it is time to reexamine our 
certification of Colombia.
  Last year, even though there were serious doubts about Colombia's 
cooperation, the President of the United States gave Colombia a 
national interest waiver. With the arrest of major cartel figures, it 
seemed as if we and Colombia were making progress in restoring 
confidence in Colombia's seriousness in dealing effectively with the 
drug cartels. Recent events, however, put all of that progress in 
doubt. They raise serious questions as to whether any of the arrests, 
as welcome as they are, have any real meaning. In a climate of high-
level corruption, in an environment in which the cartel leaders can 
come and go as they please, I must admit to a degree of disappointment 
after the assurances that I received to the contrary.
  In this regard, I am introducing a bill to limit United States 
assistance to Colombia and to require a thorough review of our 
relationship. This bill would require the President of the United 
States to review full decertification of Colombia and to consider what 
economic steps might be taken to force Columbia to take the steps that 
have so often promised but that have fallen short so many times. This 
is not a welcome step, but the drugs flowing to this country because of 
the activities of the Colombia drug lords must be stopped. We and the 
Colombians must recognize that promises and half measures are not 
sufficient.
 Mr. D'AMATO. Mr. President, I would like to commend my 
colleague from Iowa for introducing this bill that will help to curb 
the international flow of drugs, particularly into the United States.
  Narcotics have become a scourge in our country and it is about time 
that we start to take action to eradicate it at all levels. Since 
illegal drugs found on our streets are most often produced in other 
countries, foreign nations must also take action to prevent the 
production, transportation and distribution of illegal drugs. So far, 
there has been very little action to make foreign countries accountable 
for the drugs trafficked in the United States. This bill, which focuses 
on Colombia, will do just that.
  According to the Drug Enforcement Administration, cocaine production, 
transportation and distribution has been managed primarily by the 
Colombian drug cartel, making cocaine available everywhere in the 
United States. The Cali cartel controls about 80 percent of the world's 
cocaine trafficking.
  The Colombian Government has not done enough to put an end to the 
drug problem. Last year, United States officials expressed 
disappointment with the cooperation level of the Colombian Government 
in the counternarcotics effort. However, the administration sought to 
waive the certification for Colombia and permit United States aid to 
continue for development in Colombia. In an effort to justify the 
financial assistance, this bill would require the President to certify 
to Congress that Colombia has begun to take the appropriate measures to 
limit the power of the drug traffickers and squash the flow of illegal 
drugs. Such methods include: the eradication of drug crops, 
interdiction of drug shipments, and the strengthening of the Colombian 
law enforcement and judicial authorities.
  It is only fair that American taxpayers, who pay for the foreign aid 
to Colombia, receive some assurance that the Colombian Government will 
attempt to reduce the production and distribution of drugs. With the 
recent disclosure of the ties between the Cali cartel and officials of 
the Colombia Government, the timing of this bill could not be any 
better.
  Various insiders of the Cali mafia have recounted the influence 
exerted by the Cali mafia on high level Colombian officials, all the 
way to the President of Colombia. A former campaign manager for 
President Ernesto Samper Pizano is currently jailed for soliciting 
contributions from drug traffickers in order to finance the Colombian 
presidential campaign. Fernando Botero Zea, who also served as 
Colombia's former defense minister, claims that Colombian President 
Samper knew about the money from the drug traffickers. It is suggested 
that his presidential campaign accepted $5.9 million from the Cali 
cartel.
  Colombia should be accountable for its failure to actively 
participate in the counternarcotics effort. This bill places pressure 
on the Colombian Government government to take steps to control the 
drug problem in Colombia. Any steps taken will have a direct effect on 
the flow of narcotics into the United States. But a failure to 
participate in the international counternarcotics effort should result 
in the loss of financial assistance provided by the United States.
  In light of recent developments in Colombia, I am pleased that my 
colleague is offering this bill and am proud to co-sponsor this 
important measure.
                                 ______