NOMINATION OF KATHLEEN A. BUCK, OF VIRGINIA TO BE GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE FRIDAY, OCTOBER 9, 1987 U.S. SENATE, COMMITTEE ON ARMED SERVICES, Washington, DC. The committee met, pursuant to notice, at 9 a.m., in room SR222, Russell Senate Office Building, Senator Carl Levin presiding. Present: Senators Levin, Exon, Glenn, and McCain. Staff present: Patrick A. Tucker, minority counsel; Andrew S. Effron, counsel; Gerald K. Bankus and Sherri Wasserman Goodman, professional staff members; Pamela G. Powell, staff assistant. Also present: Jeffrey B. Subko, assistant to Senator Exon; Greg Weaver, assistant to Senator Levin; Milton D. Beach, assistant to Senator Glenn; Terrence Lynch, assistant to Senator Shelby; William J. Wight, assistant to Senator Warner; Mark J. Albrecht, assistant to Senator Wilson; Alan Ptak, assistant to Senator Gramm; Samuel J. Routson, assistant to Senator Symms; and Patrick A. Putignano, assistant to Senator McCain. OPENING STATEMENT BY SENATOR CARL LEVIN, PRESIDING Senator LEVIN. The next matter before the committee is the nomination of Kathleen A. Buck to be General Counsel of the Department of Defense. Ms. Buck, welcome to you and your family as well. We understand you have your husband and one of your children here. We particularly hope that your son will enjoy this outing. The hearing on your nomination involves one of the most important positions within the DOD. The rule of law is important to all Government agencies. But it is a matter of special concern to the Department of Defense. From the complexities of our procurement system to the sensitive issues of health care, the Department finds itself on the cutting edge of the law. Through the military justice system, the Department manages one of the most extensive criminal justice systems in the United States. Within the Department, sorting out the unique organizational relationships among the Office of the Secretary, the military departments, and the defense agencies, requires the most sophisticated understanding of administrative law. The General Counsel must address the law in a highly-charged atmosphere, in which the debates often involve the most sensitive issues of war and peace, contractual actions involving vast sums of money, and personnel policies which impact on the rights and wellbeing of millions of service members, civilian employees, and their families. During a confirmation_hearing on one of your predecessors, our chairman recalled that Dean Rusk described his legal advisor as the conscience of the Department of State. And he expressed the view that the General Counsel of the Department of Defense should view the position in the same light. Recent events have confirmed the value of that advice. In the Iran-Contra affair, leading lawyers of the Government were excluded from the policy-making process. Others gave the law a narrow and constricted reading, to such an extent that they failed to serve as a balancing wheel that might have prevented the problems that befell us. Now, you come to the administration with a solid background, both in the private sector and in Government. Your previous service as Assistant General Counsel to DOD and your current duties as Air Force General Counsel will facilitate the transition to your new duties. I welcome you to the committee, and again, we are pleased that your husband and your son, Adam, are here with you today. Before I call upon you to see if you have an opening statement, let me ask my colleagues if they might have any opening remarks. Senator McCain. Senator MCCAIN. No, thank you, Mr. Chairman. Senator LEVIN. Senator Exon. Senator EXON. No, I have no opening statement, Mr. Chairman. I do want to join you in welcoming Ms. Buck here this morning. And that we look forward to her testimony. Senator LEVIN. Ms. Buck, do you have a statement? STATEMENT OF KATHLEEN A. BUCK, NOMINEE TO BE GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE Ms. BUCK. No, sir. I do not have a prepared statement. But I would like to say that of course I consider it a great honor to have been nominated for this position by the President, and that I would look forward to working with the members of this committee, if I am confirmed. [The nomination reference of Kathleen A. Buck follows:] NOMINATION REFERENCE AS IN EXECUTIVE SESSION, Ordered, that the following nomination be referred to the Committee on Armed Services: Kathleen A. Buck, of Virginia, to be General Counsel of the Department of Defense, vice H. Lawrence Garrett III. [The biographical sketch of Kathleen A. Buck, which was transmitted to the committee at the time the nomination was referred follows:] BIOGRAPHICAL SKETCH OF KATHLEEN A. BUCK Kathleen A. Buck is the general counsel of the Air Force and acts as the final legal authority on all matters arising within or referred to the Air Force, except matters involving military justice. As general counsel, she also serves as a member of the Intelligence Oversight Panel, advises the Debarment and Suspension Review Board, and performs liaison duties with the Department of Justice. Ms. Buck was born in South Bend, Indiana, on November 14, 1948. She is an honors graduate of St. Mary's College, Notre Dame, Indiana, where she received a bachelor of arts in government with a minor in Latin American studies and international relations, in 1970. Ms. Buck has also attended Universidad Iberoamericana in Mexico City, Mexico. She received her juris doctorate from Indiana University, in 1973. Prior to graduation from law school, Ms. Buck served as a criminal investigator in Indiana and served in several legal clerkships. Following graduation from law school, she was a trial lawyer in Florida practicing in both state and federal courts. In 1975, she joined the office of general counsel of Swift & Company and thereafter served as an attorney with Esmark, Inc., in Washington, D.C., handling federal legislative issues, regulatory matters with the Executive Branch, including the Department of Defense, and various matters in the courts. In 1981, Ms. Buck was appointed assistant general counsel (office of legal counsel) in the Department of Defense. In that position her responsibilities included administrative law issues, standards of conduct and other significant legal matters which have department-wide ramifications. She was also responsible for management of the Defense Industrial Security Review Program. In 1986, Ms. Buck received the Department of Defense Distinguished Public Service Award. She has published law articles regarding national security and defense issues. Ms. Buck is married to Raymond Battocchi, also an attorney. They live in Great Falls, Virginia, with their two sons, Adam and Brian. [The Committee on Armed Services requires all individuals nominated from civilian life by the President to positions requiring the advice and consent of the Senate, and certain senior military officers as determined by the committee, to complete a form that details the biographical, financial and other information of the nominee. The form executed by Kathleen A. Buck in connection with her nomination follows:] UNITED STATES SENATE COMMITTEE ON ARMED SERVICES Room SR-222 Washington, DC 20510-6050 (202) 224-3871 COMMITTEE ON ARMED SERVICES FORM BIOGRAPHICAL AND FINANCIAL INFORMATION REQUESTED OF NOMINEES INSTRUCTIONS TO THE NOMINEE: Complete all requested informatior. If more space is needed, use an additional sheet and cite the part of the form a d the question number (i.e. A-9, B-4) to which the continuation of your answer applies. PART A-BIOGRAPHICAL INFORMATION INSTRUCTIONS TO THE NOMINEE: Biographical information furnished in this part of the form will be made available in committee offices for public inspection prior to the hearing and will also be published in any hearing record as well as made available to the public. 1. NAME: (Include any former names used.) Kathleen Ann Buck. 2. Position to which nominated: General Counsel of the Defense Department. 3. Date of Nomination: July 6, 1987. 4. Address: (List current place of residence and office addresses.) [Nominee responded and the information is contained in the committee's executive files.] Office: Room 4E998, the Pentagon, Washington, D.C. 20330-1000. 5. Date and place of birth: November 14, 1948, South Bend, Indiana. 6. Marital Status: (Include maiden name of wife or husband's name.) Married to Raymond Donald Battocchi. 7. Names and ages of children: Brian Paul Battocchi (two years old); Adam Raymond Battocchi (five years old). 8. Education: List secondary and higher education institutions, dates attended, degree received and date degree granted. Riley High School, South Bend, Indiana, 1962–66—H.S. Diploma (1966). St. Mary's College, Notre Dame, Indiana, 1966–70—B.A. (1970). Universidad Iberoamericana, Mexico City, Mexico, June to August of 1968. 9. Employment record: List all jobs held since college or in the last 10 years, whichever is less, including the title or description of job, name of employer, location of work, and dates of employment. General Counsel, U.S. Air Force, Pentagon, Washington, DC; June 1986 to present. Assistant General Counsel (Office of Legal Counsel) Department of Defense, Pentagon, Washington, DC, July 1981 to June 1986. Assistant Director of Government Relations, Esmark, Inc., Washington, DC, January 1977 to July 1981. 10. Government experience: List any advisory, consultative, honorary or other part-time service or positions with Federal, State, or local governments, other than those listed above. Extension Horse Program Committee for Fairfax County (1977). 11. Business relationships: List all positions currently held as an officer, director, trustee, partner, proprietor, agent, representative, or consultant of any corporation, company, firm, partnership, or other business enterprise, educational or other insti tution. Brockton Centre Association, Boston, MA., limited partnership. Lakeside Homes, Boston, MA., limited partnership. 12. Memberships: List all memberships and offices currently held in professional, fraternal, scholarly, civic, business, charitable and other organizations. American Bar Association. Florida Bar Association. D.C. Bar Association. Women in Government Relations, Inc. Phi Delta Phi Legal Fraternity. St. Mary's College Alumnae Club. 13. Political affiliations and activities: (a) List all offices with a political party which you have held or any public office for which you have been a candidate. Precinct Captain-Great Falls, Virginia. Member of the Fairfax County Republican Committee. Ex officio member of the Virginia Federation of Republican Women Board of Directors. Adviser on federal election laws to the Atoka Country Supper Committee. (b) List all memberships and offices held in and services rendered to all political parties or election committees during the last 5 years. Member of the Republican Party of Virginia. Republican Working Women's Forum. McLean Republican Women's Club. No services rendered. |