30 January 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Congressional Record: January 28, 1998 (Extensions)]
[Page E51-E52]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr28ja98-69]


              PRIVATE RELIEF LEGISLATION FOR BORIS KORCZAK

                                 ______


                        HON. JAMES A. TRAFICANT

                                of ohio

                    in the house of representatives

                      Wednesday, January 28, 1998

  Mr. TRAFICANT. Mr. Speaker, today I am introducing private
legislation to recognize and compensate Mr. Boris Korczak for the
intelligence gathering services he so courageously rendered on behalf
of the United States during the height of the Cold War. I introduce
this legislation only after working, unsuccessfully over the past two
years, to get the Central Intelligence Agency to provide just
compensation to Mr. Korczak. Mr. Korczak, currently residing in Fairfax
Virginia, has exhausted all of the legal remedies available to him.
  Mr. Korczak is a native of Poland who escaped communist persecution
in that country in 1964, resettling in Denmark. In 1973, while living
in Copenhagen, Denmark, he was recruited by the Central Intelligence
Agency to provide intelligence information to the CIA on Soviet
intelligence operatives. Mr. Korczak owned and operated a electronics
store, and in that capacity, he had come into contact with Soviet
intelligence operatives interested in purchasing electronic equipment
from the West.
  From 1973 to 1980, Mr. Korczak provided a wealth of intelligence
information to the CIA. During that time the CIA paid Mr. Korczak for
the expenses he incurred. For more than seven years Mr. Korczak put his
life on the line to gather intelligence for the U.S. The CIA has
admitted to me and other Members of Congress that Mr. Korczak was in
fact a CIA asset during the time in question, and that for seven years
the CIA paid Mr. Korczak for expenses. Mr. Korczak claims that his CIA
handlers promised him that, once his service to the CIA was completed,
the CIA would resettle Mr. Korczak and his family in the United States,
provide Mr. Korczak with an annual annuity, cover all of his health and
education costs. These promises were detailed in a contract that Mr.
Korczak signed in the presence of his CIA case officer. As noted
earlier, the CIA admits to paying Mr. Korczak's expenses for seven
years, but denies that it had any other arrangements or contract with
Mr. Korczak.
  In late 1979, Mr. Korczak's cover as a CIA asset was blown. After
several life threatening incidents involving Soviet intelligence, Mr.
Korczak fled to the U.S. in early 1980. Initially, Mr. Korczak received
assistance from his former CIA case officer. However, after several
months, the CIA made it clear to Mr. Korczak that it was not going to
provide any additional compensation to him.
  Mr. Korczak resettled his family in the U.S. and did his best to
start a new life. He did make several attempts to contact the CIA and
get the compensation that was promised to him by his case officers. All
of these attempts were unsuccessful.
  In 1981, while shopping at a supermarket in Vienna, Virginia, Mr.
Korczak seriously injured when a small pellet was fired into his back.
Mr. Korczak became seriously ill and was hospitalized. After several
months Mr. Korczak's condition improved. Mr. Korczak never ascertained
who shot him with the pellet.
  Upon learning in 1996 of the federal government's intention to
provide compensation to the survivors and family members of South
Vietnamese commandos captured during the Vietnam War, Mr. Korczak
retained counsel and attempted, once again, to get the compensation
promised to him by the CIA. Later that year, after being rebuffed by
the CIA, Mr. Korczak filed suit against the CIA.
  Mr. Korczak's suit against the CIA was dismissed by the federal court
after the federal government invoked the ``Totten Doctrine.'' This
doctrine is based on the 1876 Supreme Court cast of Totten v. United
States. The case involved the estate of an individual who performed
secret services for President Lincoln during the Civil War. The court
dismissed the plaintiff's postwar suit for breach of contract, stating,
in part:

       The service stipulated by the contract was a secret
     service; the information sought was to be obtained
     clandestinely, and was to be communicated privately; the
     employment and the service were to be equally concealed. Both
     employer and agent must have understood that the lips of the
     other were to be forever sealed respecting the relation of
     either to the matter . . . It may be stated as a general
     principle, that public policy forbids the maintenance of any
     suit in a court of justice, the trial of which would
     inevitably lead to the disclosure of matters which the law
     itself regards as confidential, and respecting which it will
     not allow the confidence to be violated.

  Essentially, the Totten Doctrine bars any individual who provided
intelligence services to the United States from filing a breach of
contract suit--no matter how legitimate the claim. Mr. Korczak fell
victim to the Totten Doctrine when he filed his suit in 1996. A federal
claims court, in response to the federal government's motion to dismiss
Mr. Korczak's claim, granted the government's motion, citing Totten v.
the United States. Subsequent to that ruling, a federal appeals court
again dismissed Mr. Korczak's suit, also citing the Totten Doctrine. It
is interesting to note that in dismissing his suit, the federal courts
never once ruled or commented on the legitimacy of Mr. Korczak's claim.
They simply agreed with the federal government's claim that the Totten
Doctrine should be invoked.
  I believe that Mr. Korczak should have his day in court. Because of
the Totten Doctrine, that will not happen. I have introduced
legislation, H.R. 691, to establish a sensible process under which
cases like Mr. Korczak can be objectively adjudicated based on merit
without compromising national security. However, the fate of that
legislation is uncertain. Mr. Korczak has exhausted all of his legal
remedies. His only recourse is passage of a private relief bill.
  The CIA has admitted to me and other Members that he provided
intelligence gathering services to the U.S. for more than seven years.
Obviously, the CIA valued his services or they would not have covered
his expenses. In his own small way, Mr. Korczak contributed to the
United States historic victory in the Cold War. Whether or not Mr.
Korczak had an officially sanctioned agreement with the CIA to provide
him with additional compensation (above and beyond his expenses) is
immaterial at this point. The fact is, Mr. Korczak served this nation
bravely for seven years. He did so at great personal risk to himself
and his family. He deserves the official thanks of this country and
some modest compensation.

  The legislation I am introducing today officially recognizes Mr.
Korczak for his service to the U.S. and provides for a one-time payment
of $225,000 to Mr. Korczak. This bill is long overdue and richly
deserved. Given Mr. Korczak's unique legal situation, and the nature of
the service he provided to this country, it is imperative that Congress
act on this measure.
  I urge all of my colleagues to support this legislation. It would
send a powerful message to the world that the United States does not
forget those who risk their life in the name of freedom and
democracy.***HR***H.R.--
  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

     SECTION 1. FINDINGS.

  Congress finds the following:
  (1) Boris Korczak is a resident alien of the United States currently
residing at 10392 Willa Mae Court, Fairfax, Virginia.
  (2) From 1973 to 1980, while living in Copenhagen, Denmark, Boris
Korczak collected intelligence information for the United States
Government.
  (3) Boris Korczak volunteered his services to the United States, and
during the time that he gathered intelligence for the Central
Intelligence Agency he was compensated only for his expenses.
  (4) Boris Korczak provided valuable intelligence information and
services to the United States.
  (5) Boris Korczak provided such services at great personal risk to
himself and his family.

[[Page E52]]

  (6) Boris Korczak should be compensated for his service to the United
States and for the enormous personal risk he and his family incurred
over an extended period of time.

     SEC. 2. PAYMENT.

  The Director of the Central Intelligence Agency shall pay out of
funds available to the Director the sum of $225,000 to Mr. Boris
Korczak of 10392 Willa Mae Court, Fairfax, Virginia.

     SEC. 3. LIMITATION.

  No amount exceeding 10 percent of the payment made under section 2
may be paid to or received by any attorney or agent for services
rendered in connection with the payment. Any person who violates this
section shall be guilty of an infraction and shall be subject to a fine
in the amount provided under title 18, United States Code.

                          ____________________
