107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 107–445

FOR THE RELIEF OF BARBARA MAKUCH

MAY 7, 2002.—Referred to the Private Calendar and ordered to be printed

Mr. SENSENBRENNER, from the Committee on the Judiciary,

submitted the following

R E P O R T

[To accompany H.R. 486]

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill

(H.R. 486) for the relief of Barbara Makuch, having considered the

same, reports favorably thereon without amendment and recommends that the bill do pass.

CONTENTS

Page

Purpose and Summary ............................................................................................ 1

Background and Need for the Legislation ............................................................. 1

Hearings ................................................................................................................... 2

Committee Consideration ........................................................................................ 2

Committee Oversight Findings ............................................................................... 2

Performance Goals and Objectives ......................................................................... 2

New Budget Authority and Tax Expenditures ...................................................... 3

Congressional Budget Office Cost Estimate .......................................................... 3

Constitutional Authority Statement ...................................................................... 3

Agency Views ........................................................................................................... 4

Markup Transcript .................................................................................................. 6

PURPOSE AND SUMMARY

H.R. 486 would provide $1,000,000 to Barbara Makuch for her

service as foreign counterintelligence agent.

BACKGROUND AND NEED FOR THE LEGISLATION

Mrs. Makuch and her husband were double agents against the

KGB and the Soviet Union during the height of the Cold War.

Mrs. Makuch was born in a refugee camp in post-war Germany.

Her father was held in a Nazi concentration camp; her uncle and

grandfather both were killed by Communists; and her mother had

to flee from the Ukraine in 1944. These events led Mrs. Makuch

2

to offer her services to the FBI against anti-American, pro-Communist New Left movements in 1971 at the age of 18. She was successful in infiltrating the KGB and made several visits to the Soviet Union to meet with KGB officials.

Mrs. Makuch’s husband, in concert with his wife, also assisted

the bureau. During that time, his health steadily deteriorated

while he accompanied his wife to the Soviet Union. Ultimately, he

suffered through two kidney transplants and a brain aneurysm

that left him in a coma for several weeks.

Mrs. Makuch and her husband were the source of information regarding secret funding channels of the Soviet Union and communist groups in the United States. The information gathered by

them steered U.S. foreign policy and assisted the FBI in thwarting

planned espionage activity by the Soviet Union. The Makuchs identified the primary Soviet front group in the United States. That

identification resulted in the conviction of the head of that organization for illegal transportation of Soviet funds from Moscow to the

United States.

In 1992, Mrs. Makuch was awarded the Louis E. Peters Memorial Award, the highest civilian FBI award for her service to the

United States. Although the Makuchs received some financial assistance over the 21 years they worked with the FBI, they did not

receive any disability, Social Security, health care or pension benefits as promised by some of the individuals they worked with. This

bill would compensate Mrs. Makuch for the lack of those benefits.

The Department of Justice has no opposition to the bill.

HEARINGS

No hearings were held on H.R. 486.

COMMITTEE CONSIDERATION

On November 1, 2001, the Subcommittee on Immigration and

Claims met in open session and ordered favorably reported the bill

H.R. 486, by voice vote, a quorum being present. On April 24, 2002,

the Committee met in open session and ordered favorably reported

the bill H.R. 486 without amendment by voice vote, a quorum being

present.

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the

House of Representatives, the Committee reports that the findings

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report.

PERFORMANCE GOALS AND OBJECTIVES

H.R. 486 authorizes funding from the General Treasury in the

amount of $1,000,000 to be paid to the claimant.

3

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax

expenditures.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the

House of Representatives, the Committee sets forth, with respect to

the bill, H.R. 486, the following estimate and comparison prepared

by the Director of the Congressional Budget Office under section

402 of the Congressional Budget Act of 1974:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, April 29, 2002.

Hon. F. JAMES SENSENBRENNER, Jr., Chairman,

Committee on the Judiciary,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 486, a bill for the relief

of Barbara Makuch.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Matthew Pickford, who

can be reached at 226–2860.

Sincerely,

DAN L. CRIPPEN, Director.

Enclosure

cc: Honorable John Conyers, Jr.

Ranking Member

H.R. 486—A bill for the relief of Barbara Makuch.

H.R. 486 would direct the Secretary of the Treasury to pay $1

million to Barbara Makuch of East Amherst, New York, as compensation for service in assisting the Federal Bureau of Investigation during the Cold War as a foreign counterintelligence agent.

Because the bill would increase direct spending, pay-as-you-go procedures would apply.

The CBO staff contact for this estimate is Matthew Pickford, who

can be reached at 226–2860. This estimate was approved by Peter

H. Fontaine, Deputy Assistant Director for Budget Analysis.

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House

of Representatives, the Committee finds the authority for this legislation in article 1, section 8 of the Constitution.

4

AGENCY VIEWS

5

6

MARKUP TRANSCRIPT

BUSINESS MEETING

WEDNESDAY, APRIL 24, 2002

HOUSE OF REPRESENTATIVES,

COMMITTEE ON THE JUDICIARY,

Washington, DC.

The Committee met, pursuant to notice, at 10:09 a.m., in Room

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr. [Chairman of the Committee] presiding.

Chairman SENSENBRENNER. [Presiding.] The Committee will be

in order.

[Intervening business.]

Chairman SENSENBRENNER. Okay. The next item on the agenda

is the adoption of H.R. 486 for the relief of Barbara Makuch, H.R.

487 for the relief of Eugene Makuch, H. Res. 103 referring the bill

H.R. 1258 to the chief judge of the U.S. Court of Federal Claims

for a report thereon. Without objection, the bills will be considered

en bloc.

[The bill, H.R. 486, follows:]

7

8

9

Chairman SENSENBRENNER. The Chair recognizes the gentleman

from Pennsylvania for a motion.

Mr. GEKAS. Mr. Chairman, the Subcommittee on Immigration

and Claims reports favorably the bills H.R. 486, H.R. 487, and H.

Res. 103 and moves their favorable recommendation to the full

House.

Chairman SENSENBRENNER. Without objection, they will be considered as read and open for amendment at any point. Without objection, statements can be placed in the record at this point.

Are there any amendments to either of the bills? If not, the

Chair notes the presence of a reporting quorum. The question is

on——

Ms. JACKSON LEE. Sorry, Mr. Chairman. Could you repeat the

bills that you—are you doing these en bloc?

Chairman SENSENBRENNER. H.R. 486, H.R. 487, and H. Res. 103

en bloc.

Ms. JACKSON LEE. Mr. Chairman?

Chairman SENSENBRENNER. The gentlewoman from Texas.

Ms. JACKSON LEE. Let me just add my support and I will offer

a statement in the record for those three bills. Thank you.

[The prepared statement of Ms. Jackson Lee follows:]

10

11

Chairman SENSENBRENNER. The Chair notes the presence of a

reporting quorum. The question is on reporting the three bills favorably. Those in favor will signify by saying aye? Those opposed,

no?

The ayes appear to have it. The ayes have it, and the bills are

favorably reported. Without objection, the Chairman is authorized

to move to go to conference pursuant to House rules. Without objection, the staff is directed to make any technical and conforming

changes, and all Members will be given 2 days, as provided by

House rules, in which to submit additional supplemental, dissenting, or minority views.

Æ