[Congressional Record: July 12, 2007 (Senate)]
[Page S9155-S9184]
                      
 
                           TEXT OF AMENDMENTS

  SA 2177. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle E of title X, add the following:

     SEC. 1070. RELIEF OF RICHARD M. BARLOW OF SANTA FE, NEW 
                   MEXICO.

       (a) Findings.--Congress makes the following findings:
       (1) Richard Barlow was a counter-proliferation intelligence 
     officer with expertise in Pakistan nuclear issues.
       (2) From 1980-82, Mr. Barlow served as the action officer 
     for Pakistan proliferation matters at the Arms Control and 
     Disarmament Agency.
       (3) In 1985, Mr. Barlow joined the Central Intelligence 
     Agency, becoming a recognized issue expert on Pakistan's 
     clandestine nuclear purchasing networks and its weapons 
     programs.
       (4) After serving as a Special Agent with the Customs 
     Service, Mr. Barlow then joined the Office of the Secretary 
     of Defense starting in 1989, where he continued to 
     investigate Pakistan's nuclear weapons network headed by A. 
     Q. Khan.
       (5) Mr. Barlow was instrumental in the 1987 arrest and 
     later conviction of 2 agents in Pakistan's nuclear weapons 
     development program headed by A. Q. Khan, for which he 
     received an award for exceptional accomplishment from the 
     Director of the Central Intelligence Agency and numerous 
     commendations from senior State Department and law 
     enforcement officials.
       (6) In addition, Mr. Barlow received a prestigious 
     commendation from the State Department's Legal Advisor for 
     assistance to President Ronald Reagan and Secretary of State 
     George P. Schultz for triggering the Solarz Amendment 
     relating to termination of military and economic aid to 
     Pakistan for exporting nuclear weapons technology.
       (7) In a classified hearing following the arrests of the 
     Pakistani agents, Mr. Barlow, as the Central Intelligence 
     Agency's top expert, testified truthfully to the Subcommittee 
     on Asian Pacific Affairs of the Committee on International 
     Relations of the House of Representatives, then known as the 
     House Foreign Affairs Committee, that the arrested Pakistanis 
     were agents of the Pakistani government, and revealed that 
     Pakistan had continued to regularly violate United States 
     nuclear export laws.
       (8) Mr. Barlow's actions revealed that certain Executive 
     Branch officials had been withholding this information from 
     the Congressional committees.
       (9) In 1989, Mr. Barlow joined the Office of the Secretary 
     of Defense in the Office of Non-proliferation where he 
     continued to investigate Pakistani proliferation networks.
       (10) In April 1989, Mr. Barlow received an outstanding 
     performance review from his Department of Defense 
     supervisors, and in June 1989 he was promoted.
       (11) During the spring and early summer of 1989, Mr. Barlow 
     told his supervisors on a number of occasions that he had 
     serious concerns that Executive Branch officials were 
     concealing intelligence about Pakistan's nuclear program from 
     Congress and were obstructing pending criminal investigations 
     into Pakistan's procurement efforts in order to avoid 
     triggering the Pressler and Solarz Amendments and to obtain 
     approval for a proposed $1,400,000,000 sale of F-16 jets to 
     Pakistan.
       (12) On August 2, 1989, Mr. Barlow raised concerns about 
     false testimony given by senior officials to the Congress on 
     Pakistan's nuclear capabilities to the Subcommittee on Asian 
     Pacific Affairs of the Committee on International Relations 
     of the House.
       (13) On August 4, 1989, several weeks after being promoted, 
     Richard Barlow was handed a notice of pending termination.
       (14) On August 8, 1989, Mr. Barlow's security clearances 
     were suspended for reasons that were classified and not 
     revealed to him.
       (15) On August 26, 1989, Mr. Barlow, under threat of 
     firing, was offered a series of menial, temporary assignments 
     by Department of Defense personnel and security officials 
     concerned about possible retaliation against him as a 
     Congressional whistleblower by senior officials in the Office 
     of the Secretary of Defense.
       (16) Mr. Barlow then underwent a 9-month long security 
     investigation involving numerous allegations levied against 
     him by his superiors in the Office of Secretary of Defense, 
     all of which were found to be false.
       (17) In March of 1990, Mr. Barlow then had his security 
     clearance restored and remained in a series of temporary 
     assignments until February 1992, when he then resigned under 
     duress.
       (18) At the time of his separation from government service, 
     Mr. Barlow had completed 8 years of government service.
       (19) Mr. Barlow's temporary loss of his security clearance 
     and personnel actions against him damaged his reputation and 
     left him unable to find suitable employment inside the 
     Government.
       (20) For the next 15 years, Mr. Barlow continued to serve 
     his country as a consultant to the intelligence and law 
     enforcement communities working on complex 
     counterintelligence and counter-proliferation operations 
     without the benefits he would have had if he had continued as 
     a Federal employee.
       (21) In 1998, the Senate approved a private relief 
     resolution, Senate Resolution 253 (105th Congress) to provide 
     compensation for Richard Barlow's losses on ``the nature, 
     extent, and character of the claim for compensation referred 
     to in such bill as a legal or equitable claim against the 
     United States or a gratuity''.
       (22) With Senate Resolution 253, the Senate recognized the 
     importance of protecting Federal employees who inform 
     Congress of Executive Branch distortions of the truth and 
     other wrongdoing.
       (23) On March 6, 2000, the Government filed a protective 
     order under the state secrets privilege for documents 
     requested under discovery by Mr. Barlow relating to the 
     Pakistan nuclear program.
       (24) The documents denied under the state secret privilege 
     were documents that Mr. Barlow had official access to prior 
     to the loss of clearance.
       (25) The documents denied under the state secrets privilege 
     were subpoenaed by Mr. Barlow to substantiate the allegations 
     he originally made regarding his claim of false testimony of 
     Government officials to Congress on the Pakistan nuclear 
     weapons program and the actions taken against him.
       (26) The evidence withheld from the Court as a result of 
     the state secrets privilege included significant, sworn 
     statements from a number of senior intelligence, Department 
     of State, and Department of Defense officials corroborating 
     Mr. Barlow's charges of Executive Branch wrongdoing.
       (27) As a result of the use of the state secrets privilege, 
     Mr. Barlow and the United States Court of Federal Claims did 
     not have access to evidence and information necessary to 
     evaluate the key information relating to the merits of Mr. 
     Barlow's case and accurately report its findings to the 
     Senate.
       (28) Since Mr. Barlow's separation from government service 
     in 1992, five Senate and five House committees have 
     intervened in support of Mr. Barlow's case on a bipartisan 
     basis, and investigations by the Central Intelligence Agency, 
     State Department Inspectors General, and the Government 
     Accountability Office have corroborated Mr. Barlow's findings 
     or found that personnel actions were taken against him in 
     reprisal.
       (29) Richard Barlow is recognized for his patriotism and 
     service to his country.
       (b) Compensation of Certain Losses.--
       (1) In general.--The Secretary of the Treasury shall pay, 
     out of any money in the Treasury not otherwise appropriated, 
     to Richard M. Barlow of Santa Fe, New Mexico, the sum of 
     $1,800,000 for compensation for losses incurred by Richard M. 
     Barlow relating to and a direct consequence of--
       (A) personnel actions taken by the Department of Defense 
     affecting Richard Barlow's employment at the Department 
     (including Richard Barlow's top secret security clearance) 
     during the period beginning on August 4, 1989, and ending on 
     February 27, 1992; and
       (B) Richard Barlow's separation from service with the 
     Department of Defense on February 27, 1992.
       (2) No inference of liability.--Nothing in this section 
     shall be construed as an inference of liability on the part 
     of the United States.
       (3) No agents and attorneys fees.--None of the payment 
     authorized by this section may be paid to or received by any 
     agent or attorney for any services rendered in connection 
     with obtaining such payment. Any person who violates this 
     subsection shall be guilty of a misdemeanor and shall be 
     subject to a fine in the amount provided in title 18, United 
     States Code.
       (4) Non-taxability of payment.--The payment authorized by 
     this section is in partial reimbursement for losses incurred 
     by Richard Barlow as a result of the personnel actions taken 
     by the Department of Defense and is not subject to Federal, 
     State, or local income taxes.
                                  ____





[Congressional Record: September 27, 2007 (Senate)]
[Page S12295-S12312]
                        
 
                           TEXT OF AMENDMENTS


  SA 3079. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) 
to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title X, add the following:

     SEC. 1070. ASSESSMENT OF TERMINATION OF RICHARD M. BARLOW 
                   FROM DEPARTMENT OF DEFENSE EMPLOYMENT.

       (a) Assessment.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     appoint an independent expert with appropriate clearances not 
     currently affiliated with the Department of Defense to assess 
     whether Richard Barlow was wrongfully terminated for his 
     actions while employed by the Department of Defense.
       (b) Review of Materials.--The independent expert is deemed 
     to have a need to know of all materials, classified and 
     unclassified, necessary to make an informed judgment of 
     Richard Barlow's termination. The Secretary of Defense shall 
     supply materials requested by the independent expert on an 
     expedited basis.
       (c) Recommendations.--
       (1) In general.--Not later than one year after appointment 
     of the independent expert, the independent expert shall 
     submit to the Secretary of Defense a report on the assessment 
     conducted under subsection (a).
       (2) Content.--The report submitted under paragraph (1) 
     shall include--
       (A) a recommendation as to whether Richard Barlow was 
     wrongfully terminated; and
       (B) if the recommendation is that Richard Barlow was 
     wrongfully terminated, a recommendation as to the amount of 
     compensation he is entitled to for such wrongful termination.
       (3) Form.--The report submitted under subsection (a) shall 
     be submitted in classified and unclassified forms.
       (d) Authorization.--The Secretary of Defense is authorized 
     to pay out of available funds such amount as is recommended 
     by the independent expert in (c)(2)(B).
       (e) No Inference of Liability.--Nothing in this section 
     shall be construed as an inference of liability on the part 
     of the United States.
       (f) No Agents and Attorneys Fees.--None of the payment 
     authorized by this section may be paid to or received by any 
     agent or attorney for any services rendered in connection 
     with obtaining such payment. Any person who violates this 
     subsection shall be guilty of a misdemeanor and shall be 
     subject to a fine in the amount provided in title 18, United 
     States Code.
       (g) Non-Taxability of Payment.--The payment authorized by 
     this section is in partial reimbursement for losses incurred 
     by Richard Barlow as a result of the personnel actions taken 
     by the Department of Defense and is not subject to Federal, 
     State, or local income taxes.
                                 ______