[Note: Nominee responded and the information is contained in the committee's executive files.] 3. Describe any business relationship, dealing or financial transaction which you have had during the last 10 years, whether for yourself, on behalf of a client, or acting as an agent, that could in any way constitute or result in a possible conflict of interest in the position to which you have been nominated. [Note: Nominee responded and the information is contained in the committee's executive files.] 4. Describe any activity during the past 10 years in which you have engaged for the purpose of directly or indirectly influencing the passage, defeat or modification of any legislation or affecting the administration and execution of law or public policy. [Note: Nominee responded and the information is contained in the committee's executive files.] 5. Explain how you will resolve any potential conflict of interest, including any that may be disclosed by your responses to the above items. (Please provide a copy of any trust or other agreements.) [Note: Nominee responded and the information is contained in the committee's executive files.] 6. Do you agree to provide to the committee any written opinions provided by the General Counsel of the agency to which you are nominated and by the Attorney General's office concerning potential conflicts of interest or any legal impediments to your serving in this position? [Note: Nominee responded and the information is contained in the committee's executive files.] PART D-LEGAL MATTERS 1. Have you ever been disciplined or cited for a breach of ethics for unprofessional conduct by, or been the subject of a complaint to any court, administrative agency, professional association, disciplinary committee, or other professional group? If so, provide details. [Note: Nominee responded and the information is contained in the committee's executive files.] 2. Have you ever been investigated, arrested, charged or held by any Federal, State, or other law enforcement authority for violation of any Federal, State, county or municipal law, regulation or ordinance, other than a minor traffic offense? If so, provide details. [Note: Nominee responded and the information is contained in the committee's executive files.] 3. Have you or any business of which you are or were an officer ever been involved as a party in interest in any administrative agency proceeding or civil litigation? If so, provide details. [Note: Nominee responded and the information is contained in the committee's executive files.] 4. Have you ever been convicted (including a plea of guilty of nolo contendere) of any criminal violation other than a minor traffic offense? [Note: Nominee responded and the information is contained in the committee's executive files.] 5. Please advise the committee of any additional information, favorable or unfavorable, which you feel should be considered in connection with your nomination. [Note: Nominee responded and the information is contained in the committee's executive files.] PART E-FOREIGN AFFILIATIONS 1. Have you or your spouse ever represented in any capacity (e.g., employee, attorney, business, or political adviser or consultant), with or without compensation, a foreign government or an entity controlled by a foreign government? If so, please fully describe such relationship. [Note: Nominee responded and the information is contained in the committee's executive files.] 2. If you or your spouse has ever been formally associated with a law, accounting, public relations firm or other service organization, have any of you or your spouse's associates represented, in any capacity, with or without compensation, a foreign government or an entity controlled by a foreign government? If so, please fully describe such relationship. [Note: Nominee responded and the information is contained in the committee's executive files.] 3. During the past ten years have you or your spouse received any compensation from, or been involved in any financial or business transactions with, a foreign government or an entity controlled by a foreign government? If so, please furnish details. [Note: Nominee responded and the information is contained in the committee's executive files.] 4. Have you or your spouse ever registered under the Foreign Agents Registration Act? If so, please furnish details. [Note: Nominee responded and the information is contained in the committee's executive files.] PART F-FINANCIAL DATA All information requested under this heading must be provided for yourself, your spouse, and your dependents. 1. Describe the terms of any beneficial trust or blind trust of which you, your spouse, or your dependents may be a beneficiary. In the case of a blind trust, provide the name of the trustee(s) and a copy of the trust agreement. [Note: Nominee responded and the information is contained in the committee's executive files.] 2. Provide a description of any fiduciary responsibility or power of attorney which you hold for or on behalf of any other person. [Note: Nominee responded and the information is contained in the committee's executive files.] 3. List sources, amounts and dates of all anticipated receipts from deferred income arrangements, stock options, executory contracts and other future benefits which you expect to derive from current or previous business relationships, professional services and firm memberships, employees, clients and customers. [Note: Nominee responded and the information is contained in the committee's executive files.] 4. Have you filed a Federal income tax return for each of the past 10 years? If not, please explain. [Note: Nominee responded and the information is contained in the committee's executive files.] 5. Have your taxes always been paid on time? [Note: Nominee responded and the information is contained in the committee's executive files.] 6. Were all your taxes, Federal, State, and local, current (filed and paid) as of the date of your nomination? [Note: Nominee responded and the information is contained in the committee's executive files.] 7. Has the Internal Revenue Service ever audited your Federal tax return? If so, what resulted from the audit? [Note: Nominee responded and the information is contained in the committee's executive files.] 8. Have any tax liens, either Federal, State, or local, been filed against you or against any real property or personal property which you own either individually, jointly, or in partnership? [Note: Nominee responded and the information is contained in the committee's executive files.] (The committee may require that copies of your Federal income tax returns be provided to the committee. These documents will be made available only to Senators and the staff designated by the chairman. They will not be available for public inspection.) SIGNATURE AND DATE I hereby state that I have read and signed the foregoing Statement on Biographical and Financial Information and that the information provided therein is, to the best of my knowledge, current, accurate, and complete. This 9th day of June, 1987. KENNETH P. BERGQUIST. Chairman NUNN. Mr. Bergquist, we will now turn to you. STATEMENT OF KENNETH P. BERGQUIST, NOMINEE TO BE ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT Mr. BERGQUIST. Mr. Chairman, I do not have a prepared statement of any sort. I would only like to remark that it is a pleasure for me to appear before this committee. I have been paying attention as such as I can to the concerns that the Congress has expressed in this area. I believe that Mr. Carlucci has also paid attention to those concerns. I have talked to him, and I know he is committed to seeing to it that the letter and the spirit of the law, or of the various provisions of law that this committee has passed, will be forcefully implemented. That is the only statement I have, Mr. Chairman. Chairman NUNN. Thank you. I will just ask a couple of questions and defer the remainder of my time to Senator Kennedy. And then we will move around with, I would say since we have four members here, until we get more, about a 7-minute time clock this morning, unless there is objection, to give people a little bit more time. And we will rotate accordingly. Mr. Bergquist, I cited in my opening statement a couple of quotes-one by Noel Koch, one by Assistant Secretary Lathamthat the Pentagon's implementation of the congressional mandated reform and re-organization of special operations and low intensity conflict has been very poor. How do you react to that assessment? Do you agree with that assessment? Or do you believe otherwise? Mr. BERGQUIST. Well, as I am sure you are aware, Mr. Chairman, I have not been with the Department of Defense since that legislation was enacted. I have been at the Department of Justice, although in the previous 5 years I did work in the Department of the Army. But that was prior to the enactment of the legislation. What I have been able to gather is from an entirely external view, and I have not been privy to any of the internal processes within the Department of Defense concerning implementation of the legislation. I would remark that I do not know what has gone in the past, but I can assure you that my commitment is to see to it, if confirmed, that the legislation is, as I stated in my opening remarks, forcefully implemented. And I believe that also is the commitment of Mr. Carlucci. Chairman NUNN. Are there any parts of that legislation that you would change? That you would advocate changing at this point? Mr. BERGQUIST. No, Senator. I believe that the legislation should be trial run. And then if we think we have found some kink later on, the administration should come back to the committee with any recommendations for additional legislation. Chairman NUNN. Senator Kennedy, I yield to you the balance of my time. And then we can rotate around. Senator KENNEDY. Thank you. You are going to be the principal civilian adviser for the Secretary on Special Operations and Low Intensity Conflict. So I would like to review with you some of your own military experience dealing with special operations. Do you want to tell us what your experience has been specifically with special operations? Mr. BERGQUIST. During my active duty period, I was on active duty from 1967 until 1974. My involvement in special operations was fairly limited, other than some specific training in special operations skills. The majority of that time was spent in what I would call a low intensity conflict situation. I was from the outset trained to operate in a low intensity conflict situation as an infantry commander, and spent two tours in Vietnam. The first tour as a platoon leader of an airborne infantry rifle platoon. And the second tour was divided between being an advisor to a Vietnamese airborne battalion, and the remainder was as the commander of an air mobile rifle company. I did not have any special operations involvement during my active duty period, other than becoming Ranger qualified and a parachutist. When I left active duty and went to law school, I chose to enter the Reserve special forces. In 1974 I began a career which continues to this day as a Reserve officer in special forces, received my special forces training, and was involved in training exercises from that time to the present. When I left law school, I was contacted by some people that I had known while on active duty who suggested that I should work for the Central Intelligence Agency. And while in the Central Intelligence Agency, I was employed from 1977 until 1979, I was primarily involved in the special operations element within the agency. Senator KENNEDY. We will come back to that. Mr. BERGQUIST. Let me just add one more thing, Senator. Senator KENNEDY. Bascially your duties with the agency involved training other foreign nationals? Mr. BERGQUIST. I am a little reluctant to answer because I have been criticized by someone in the media for revealing too much about my background in the agency. But at the risk of criticism, it was training friendly foreign nationals, primarily in three areas. Counter-drug, counter-terror, and anti-terror. And that is really all I should say about it in open session. Senator KENNEDY. But as I understand your response, you were involved in combat situations in low intensity conflict in Vietnam, but not in special forces operations in Vietnam. You were not associated with them? Mr. BERGQUIST. No. Senator KENNEDY. And your training in special operations came as a part of the Reserves. Is that correct? Mr. BERGQUIST. Yes. Senator KENNEDY. Have you taken any of the special operations courses? Have you had any opportunity to participate in any of those at Fort Bragg or elsewhere? Mr. BERGQUIST. Yes. I am a graduate of the Special Forces School in a number of courses. An operations course. That is just a general how you operate in a special operation. Senator KENNEDY. Where was that? Mr. BERGQUIST. Fort Bragg. Also, I am a graduate of the special forces military freefall course. Senator KENNEDY. I am trying to distinguish between training in special forces skills, which we all acknowledge with great admiration, and the training in terms of special operations planning. What courses did you take that dealt with special forces planning and operations, with their command and control? Mr. BERGQUIST. I have taken an operations course there. I have taken a psychological operations course at Hurlburt Field. And I believe that is it. Unfortunately, there are not a lot of special operations operational courses. I believe that is a serious deficiency within our training structure. Senator KENNEDY. Beyond the skill aspects of the special forces training at Fort Bragg, what other courses did you take in terms of planning operations or command and control? Mr. BERGQUIST. The only two that I have taken are the Psychological Operations and the Special Forces Operations courses. Those are the only two that I have attended. Senator KENNEDY. What were those? How many weeks of training are those? Mr. BERGQUIST. I believe that the Psychological Operations course was a week long. And the Operations course involved a correspondence package first, and they enumerate that in hours, I think it was 300 hours or something like that. And then you had to do a 2 week actual operation. And that was the extent of the course. As I said, unfortunately, they do not offer anything additional other than those basic Special Forces qualifications. There are no courses for officers beyond that. Chairman NUNN. Senator Kennedy, my time has expired, which I yielded. Senator Warner. Senator WARNER. Mr. Chairman, I will follow the same format that you followed. I will just ask one question and yield the balance of my time to my distinguished colleague Mr. Cohen, who has spent a great deal of effort preparing for this hearing. Mr. Chairman, I think that the committee should take note that we have been joined in the hearing room by the wife of the Secretary of Defense, who I think will become a very vital factor in the role of the life of the Pentagon. There is more to just military affairs there. There is the need to take care of the families of those who work in the Pentagon, and she is going to be very important in that area. Speaking about the life of the Pentagon, having spent a little bit of time there, it occurs to me as I look through some of this documentation, there is concern as to whether you can take on the system itself in the Pentagon. You have the unqualified endorsement of the Secretary of Defense, but no matter how strong a factor he may be, and strong a leader, there is bound to be a rear guard action in the Department against the implementation of this law. |