V 
110TH CONGRESS 
2D SESSION 
H. R. 6232 
For the relief of Richard M. Barlow of Bozeman, Montana. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 10, 2008 
Mrs. MALONEY of New York introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
For the relief of Richard M. Barlow of Bozeman, Montana. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. RELIEF OF RICHARD M. BARLOW OF BOZEMAN, 
MONTANA. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(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. 
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(3) In 1985, Mr. Barlow joined the Central In-
telligence Agency, becoming a recognized issue ex-
pert 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 weap-
ons 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 excep-
tional accomplishment from the Director of the Cen-
tral Intelligence Agency and numerous commenda-
tions from senior State Department and law enforce-
ment officials. 
(6) In addition, Mr. Barlow received a pres-
tigious 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 ter-
mination of military and economic aid to Pakistan 
for exporting nuclear weapons technology. 
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(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 For-
eign Affairs Committee, that the arrested Pakistanis 
were agents of the Pakistani government, and re-
vealed that Pakistan had continued to regularly vio-
late 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-pro-
liferation where he continued to investigate Paki-
stani proliferation networks. 
(10) In April 1989, Mr. Barlow received an 
outstanding performance review from his Depart-
ment 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 Exec-
utive Branch officials were concealing intelligence 
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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 offi-
cials to the Congress on Pakistan’s nuclear capabili-
ties 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 no-
tice 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, tem-
porary assignments by Department of Defense per-
sonnel and security officials concerned about possible 
retaliation against him as a Congressional whistle-
blower by senior officials in the Office of the Sec-
retary of Defense. 
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(16) Mr. Barlow then underwent a 9-month 
long security investigation involving numerous alle-
gations 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 se-
ries of temporary assignments until February 1992, 
when he then resigned under duress. 
(18) At the time of his separation from govern-
ment service, Mr. Barlow had completed 8 years of 
government service. 
(19) Mr. Barlow’s temporary loss of his secu-
rity 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 contin-
ued to serve his country as a consultant to the intel-
ligence and law enforcement communities working 
on complex counterintelligence and counter-prolifera-
tion operations without the benefits he would have 
had if he had continued as a Federal employee. 
(21) In 1998, a Private Relief Bill (S. 2274, 
105th Congress) was introduced to provide com-
pensation to Mr. Barlow. On October 5, 1998, the 
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Senate passed S. Res. 256, which referred the bill to 
the Court of Federal Claims instructing the court to 
advise the Congress as to ‘‘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 256, the Senate 
recognized the importance of protecting Federal em-
ployees 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 se-
cret privilege were documents that Mr. Barlow had 
official access to prior to the loss of clearance. 
(25) The documents denied under the state se-
crets privilege were subpoenaed by Mr. Barlow to 
substantiate the allegations he originally made re-
garding his claim of false testimony of Government 
officials to Congress on the Pakistan nuclear weap-
ons program and the actions taken against him. 
(26) The evidence withheld from the Court as 
a result of the state secrets privilege included signifi-
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cant, sworn statements from a number of senior in-
telligence, 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 infor-
mation relating to the merits of Mr. Barlow’s case 
and accurately report its findings to the Senate. 
(28) Since Mr. Barlow’s separation from gov-
ernment service in 1992, five Senate and five House 
committees have intervened in support of Mr. Bar-
low’s case on a bipartisan basis, and investigations 
by the Central Intelligence Agency, State Depart-
ment Inspectors General, and the Government Ac-
countability 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 patri-
otism and service to his country. 
(b) COMPENSATION OF CERTAIN LOSSES.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall pay, out of any money in the Treasury not 
otherwise appropriated, to Richard M. Barlow of 
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Bozeman, Montana, the sum of $1,900,000 for the 
losses incurred by Richard M. Barlow relating to 
and as a direct consequence of personnel and secu-
rity actions taken by the Department of Defense be-
ginning on August 4th, 1989. 
(2) NO INFERENCE OF LIABILITY.—Nothing in 
this section shall be construed as an inference of li-
ability 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 pay-
ment authorized by this section is in partial reim-
bursement for losses incurred by Richard Barlow as 
a result of the personnel actions taken by the De-
partment of Defense and is not subject to Federal, 
State, or local income taxation. 
Æ 
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