[Congressional Record Volume 144, Number 89 (Wednesday, July 8, 1998)]
[Senate]
[Pages S7679-S7680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 2274. A bill for relief of Richard M. Barlow of Santa Fe, New 
Mexico; to the Committee on the Judiciary.


                 private relief bill for richard barlow

 Mr. BINGAMAN. Mr. President, I introduce a private relief bill 
on behalf of a constituent from Sante Fe, New Mexico, Mr. Richard 
Barlow. It appears to me that his case represents a misuse of authority 
within the government in response to a public servant's concern that 
the Congress receive accurate information about important matters of 
national security. In recent years, the Congress has adopted measures 
to protect ``whistle blowers'' who step forward to identify grievous 
errors or abuses that occur within the government. Mr. Barlow's case 
involves government reprisal against a man who never actually blew the 
whistle, but indicated to his superiors that he might do so if they 
failed to correct misinformation that they had supplied to

[[Page S7680]]

the Congress. Let me provide you with a brief outline of the case that 
I believe justifies filing this bill on his behalf.
  In the summer of 1989 officials from the Department of Defense 
provided information to the Congress on the sale of F-16 aircraft to 
Pakistan. Mr. Barlow concluded that the information provided was 
incorrect and misleading and indicated to his supervisor that he 
intended to correct that information. What followed is a history of 
reprisal leading to the loss of career, family, and income. The 
Department of Defense (DoD) suspended Mr. Barlow's high level security 
clearances and transferred him to other duties, while conducting its 
own investigation into the matter. When that investigation led to DoD's 
decision to terminate his employment, Mr. Barlow resigned. Because of 
that experience, Mr. Barlow has had significant personal problems 
including the dissolution of his marriage and long periods of under- 
and unemployment.
  As a constituent, Mr. Barlow asked for our help. In 1993, I asked the 
Inspector General of the DoD to review this case to see if it had been 
handled fairly. Because of the nature of the issue, Inspectors General 
(IG) from DoD, the Central Intelligence Agency, and the State 
Department reviewed the matter. The former two concluded that DoD had 
handled the matter fairly; the IG from the State Department disagreed.
  Mr. Barlow again appealed for my assistance to enlist the support of 
the Senate Armed Services Committee in investigating the case. Senators 
Thurmond and Nunn requested the General Accounting Office (GAO) to 
review the findings of the IG offices. Last summer, the GAO concluded 
that there was insufficient evidence to support the findings of the DoD 
and CIA Inspectors General that Mr. Barlow's case had been handled 
fairly.
  Given those findings, I requested the Secretary of Defense to review 
the case to determine if Mr. Barlow should be compensated for the 
losses he incurred. The Secretary replied that, after a careful review, 
no compensation was warranted.
  Mr. President, I continue to believe that from the evidence I have 
reviewed, Mr. Barlow has been unfairly treated and is worthy of 
compensation for the price he has paid.
  Mr. President, I am introducing this bill today not only because I 
believe a constituent has been wronged, but because this case involves 
an issue that's virtually important to the effective functioning of the 
government. In my view, private relief bills are not undertaken 
lightly. They are appropriate in cases of individuals who have been 
wronged, who have exhausted all possible remedies for resolution, and 
whose case represents matters of important legal or policy matters. In 
Mr. Barlow's case, in order for the Congress to do its job, it must 
rely on timely and accurate information from all the agencies of the 
government, particularly when it involves matters of national security. 
In 1989 Mr. Barlow was very concerned about efforts in Pakistan to 
initiate a nuclear weapons program and that the Congress needed to know 
the full implications of selling nuclear capable F-16 aircraft to 
Pakistan. Recent history indicates how important those concerns were.
  Mr. President, although I believe compensation may be due to Mr. 
Barlow, I believe that such judgments require careful review by those 
experienced in such matters such as the Court of Claims. The Court will 
report its findings back to the Senate to guide our deliberations 
before determining the outcome of this bill. I hope that the Court will 
perform its review quickly and report their findings to the Senate in 
order for us to resolve this matter before the end of this session of 
the Congress.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2274

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. COMPENSATION OF CERTAIN LOSSES.

       (a) In General.--The Secretary of the Treasury shall pay, 
     out of any money in the Treasury not otherwise appropriated, 
     to Mr. Richard M. Barlow of Santa Fe, New Mexico, the sum of 
     $1,100,000 for compensation for losses incurred by Mr. 
     Richard M. Barlow relating to and a direct consequence of--
       (1) personnel actions taken by the Department of Defense 
     affecting Mr. Barlow's employment at the Department 
     (including Mr. Barlow's top secret security clearance) during 
     the period of August 4, 1989, through February 27, 1992; and
       (2) Mr. Barlow's separation from service with the 
     Department of Defense on February 27, 1992.
       (b) No Inference of Liability.--Nothing in this section 
     shall be construed as an inference of liability on the part 
     of the United States.
       (c) Limitation on Agents and Attorneys Fees.--No more than 
     10 percent of the payment authorized by this Act may be paid 
     to or received by any agent or attorney for services rendered 
     in connection with obtaining such payment, any contact to the 
     contrary notwithstanding. 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.
       (d) Non-Taxability of Payment.--The payment authorized by 
     this Act is in partial reimbursement for losses incurred by 
     Mr. 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.
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