[Congressional Record Volume 140, Number 96 (Thursday, July 21, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                E X T E N S I O N   O F   R E M A R K S


                        ISRAELI TERRORIST GROUPS

                                 ______


                          HON. LEE H. HAMILTON

                               of indiana

                    in the house of representatives

                        Thursday, July 21, 1994

  Mr. HAMILTON. Mr. Speaker, I wish to draw to the attention of my 
colleagues my recent correspondence with the Department of State on the 
subject of Israeli terrorist groups operating within the United States. 
Earlier this year, I wrote the Department to inquire about United 
States policy towards two Jewish settler organizations, Kach and Kahane 
Chai, which have been outlawed by the Israeli Government. Despite their 
outlaw status in Israel, these groups continue to operate and raise 
funds freely in the United States. I am including the State 
Department's preliminary response as well as its final response. I hope 
my colleagues find this correspondence of interest.


                                 Committee on Foreign Affairs,

                                   Washington, DC, March 18, 1994.
     Hon. Warren M. Christopher,
     Secretary, Department of State,
     Washington, DC.
       Dear Secretary Christopher: I write to inquire about U.S. 
     policy toward the activities, including fundraising, in the 
     United States of Israeli groups identified by the Government 
     of Israel as terrorist organizations.
       As you know, on March 13, Israel outlawed two Jewish 
     settler organizations, Kach and Kahane Chai, which have been 
     responsible for a number of violent incidents in the West 
     Bank. Many members of these organizations are U.S. immigrants 
     to Israel, and I understand these groups maintain offices and 
     significant fundraising operations in this country. We may 
     now find ourselves in a situation in which groups defined by 
     the Israeli Government as terrorist organizations and 
     prohibited from operating in Israel, have safe haven and can 
     organize and fundraise here in the United States.
       I would like to know your views on this issue, the status 
     of interagency discussions on this matter, and where you see 
     United States policy heading. In addition, I would appreciate 
     your responses to the following questions:
       1. What is U.S. policy on activities in the United States 
     of groups who advocate violence overseas?
       What are the implications for U.S. policy to have certain 
     groups which operate in the United States designated as 
     terrorist organizations by Israel?
       2. Which agencies are involved in the interagency working 
     group that is looking at this issue?
       How are these various agencies coordinating their efforts?
       Which agency has primary jurisdiction over this matter?
       3. What are the preliminary findings of the interagency 
     working group?
       What current laws can be applied against these groups to 
     curtail any activities inconsistent with U.S. policy?
       What legislation, if any, is needed?
       Is there any precedent for action in the United States 
     against groups which espouse terrorism overseas?
       What effect would the proposed ban on providing material 
     support to terrorists, currently pending in the Senate 
     Amendment to H.R. 2333, the State Department Authorization 
     bill, have on efforts to curtail these groups' fundraising 
     activities?
       What other groups might be affected by the adoption of this 
     legislation?
       Are there potential First Amendment problems with 
     restricting the fundraising activities of these groups?
       To what extent would such restrictions involve curtailing 
     the ability of members of these organizations to enter the 
     United States?
       4. What consideration has been given to curtailing or 
     targeting: violations of the Foreign Agents Registration Act; 
     violations of certain organizations' tax-exempt status; 
     illegal transfers of funds overseas; or immigration 
     infractions.
       I appreciate your consideration of this matter and your 
     response to these questions. I look forward to your early 
     reply.
       With best regards,
           Sincerely,
                                                  Lee H. Hamilton,
                                                         Chairman.
                                  ____



                                     U.S. Department of State,

                                   Washington, DC, March 31, 1994.
     Hon. Lee H. Hamilton,
     Chairman, Committee on Foreign Affairs,
     House of Representatives.
       Dear Mr. Chairman: Thank you for your letter of March 18, 
     regarding U.S. policy toward activities in the United States 
     by Israeli groups identified by the Government of Israel as 
     terrorist organizations.
       We are working to provide a full response to the many 
     issues and questions you raised, some of which are still 
     under study and require coordination with the Justice 
     Department and other agencies. We will get back to you 
     quickly with as comprehensive a response as possible. If in 
     the meantime we can be of further assistance on this issue, 
     please do not hesitate to contact us.
           Sincerely,

                                             Wendy R. Sherman,

                                              Assistant Secretary,
                                              Legislative Affairs.
                                  ____



                                     U.S. Department of State,

                                     Washington, DC, May 16, 1994.
     Hon. Lee H. Hamilton,
     Chairman, Committee on Foreign Affairs, House of 
         Representatives.
       Dear Mr. Chairman: This is in further response to our March 
     31 letter regarding your questions of March 18 about the 
     implications for U.S. policy and laws of Israel's designation 
     of Kach and Kahane Chai as terrorist organizations. I am 
     responding on behalf of the Secretary and we also have 
     discussed this response with the Departments of Justice and 
     Treasury.
       In your letter you accurately observed that many members of 
     these organizations are U.S. immigrants to Israel. We would 
     also note that many maintain American citizenship, and this 
     does have a bearing on some of the issues you raised.
       We would like to make clear that the U.S. Government 
     strongly opposes not only terrorism, but activities in 
     support of terrorist groups, regardless of the professed 
     cause or the nationality or ethnic background of the groups 
     and their supporters. The extent to which the U.S. Government 
     can deal with some of these activities, however, is limited 
     under existing law.
       In response to your specific questions:
       1. We oppose activities in the United States in support of 
     terrorist violence overseas. Attacks by terrorists are crimes 
     regardless of the motivations of the terrorists.
       We take seriously the Israeli government's designation of 
     these groups and others as terrorist organizations, just as 
     we do when other governments reach similar conclusions about 
     groups operating in their countries. Of course we make our 
     own assessments and we are currently reviewing the matter 
     with other agencies to determine what steps can be taken 
     under U.S. law.
       2. The federal agencies involved in these matters include 
     the Departments of State, Justice, and Treasury, and the 
     Internal Revenue Service. Although there is no working group 
     per se, all appropriate elements of the Executive Branch are 
     in close cooperation on this matter. The State Department, 
     which is the lead agency in international terrorism 
     matters, has taken the initiative in starting these 
     particular interagency consultations. Insofar as the 
     enforcement of U.S. domestic laws is concerned, the 
     Justice Department has the lead. Other federal agencies 
     with an interest are the Treasury Department, in 
     connection with overseas and domestic financial 
     transactions, and the Internal Revenue Service, in 
     connection with the enforcement of U.S. tax laws.
       3. Federal agencies are considering all available laws, 
     including those relating to the activities mentioned in your 
     fourth question. The Foreign Agents Registration Act may be 
     of limited utility in combating terrorism because of its 
     various limitations and also because it can be complied with 
     through the simple acts of registration and reporting. Other 
     laws, such as those involving the illegal transfers of funds 
     or immigration infractions, are potentially more useful law 
     enforcement tools in this context, but depend on law 
     enforcement officials being able to detect violations and 
     develop evidence sufficient to support prosecutions.
       The Administration has not yet determined what, if any, new 
     legislation would be useful, and is therefore not proposing 
     any new initiatives at this time. In this regard, as 
     reflected in one of your sub-questions under Question #3 
     which asked about potential First Amendment problems with 
     legislation restricting the fund raising activities of these 
     groups, we are conscious that any legislation in this area 
     must take into account relevant First Amendment 
     considerations.
       The Senate amendment to the State Department Authorization 
     Bill, mentioned in your question, would make it a federal 
     offense to provide, within the United States, funds, 
     financial services, weapons, documents, or the other forms of 
     material support for specific acts of terrorism which violate 
     U.S. law. It was carefully drafted in that manner to minimize 
     disputes over potential First Amendment problems that could 
     arise from broader efforts to ban fund-raising on behalf of 
     particular organizations or types of organizations. Working 
     with congressional staff, State Department representatives 
     discussed and helped refine the scope of this amendment with 
     House staff members before it was first passed by the House 
     in 1991. We believe the amendment would be a very useful step 
     in our efforts to counter support for terrorist activities 
     and strongly urge it early adoption. The amendment is also 
     contained in the Senate version of the 1994 crime bill and we 
     appreciate any support for its adoption in the conference on 
     that legislation.
       Regarding the effectiveness of existing legal restrictions 
     in preventing entry into the United States by members of 
     terrorist organizations, Section 212(a)(3)(B) of the 
     Immigration and Nationality Act renders excludible from the 
     United States aliens when there is reason to believe they 
     have engaged in terrorist activity, or are likely to engage 
     in terrorist activity in the United States. ``Terrorist 
     activities'' and ``engage in terrorist activity'' as defined 
     for the purposes of this provision, include fund-raising, 
     training, and providing financial services and weapons. These 
     immigration restrictions would not apply to persons who have 
     American citizenship, as do a good number of Kach and Kahane 
     Chai members.
       4. The options mentioned in your fourth question, such as 
     dealing with possible violations of tax-exempt status, are 
     all potential tools to combat terrorism. Their effectiveness 
     in particular cases may be limited, in part because these 
     laws were not primarily intended or designed to inhibit the 
     activities of terrorist organizations. Nonetheless, in cases 
     where U.S. law enforcement authorities can develop evidence 
     sufficient to bring civil or criminal actions under these 
     laws, the Department of Justice has assured us it will not 
     hesitate to bring such prosecutions where warranted.
       As the questions you raise illustrate, this is a complex 
     issue, especially when American citizens are involved. We 
     will continue to explore ways of utilizing existing legal 
     measures and developing new ones if possible. We appreciate 
     your interest and if you have further questions or 
     suggestions, please do not hesitate to contact us.
           Sincerely,

                                             Wendy R. Sherman,

                                              Assistant Secretary,
     Legislative Affairs.

                          ____________________