Private Relief Legislation for Boris Korczak

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.

(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. ____________________