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88–829 PDF 2003

S. HRG. 108–086

NOMINATION OF VERNON B. PARKER, OF

ARIZONA, TO BE ASSISTANT SECRETARY OF

AGRICULTURE FOR CIVIL RIGHTS

HEARING

BEFORE THE

COMMITTEE ON AGRICULTURE,

NUTRITION, AND FORESTRY

UNITED STATES SENATE

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

MARCH 20, 2003

Printed for the use of the

Committee on Agriculture, Nutrition, and Forestry

(

Available via the World Wide Web: http://www.agriculture.senate.gov

COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY

THAD COCHRAN, Mississippi, Chairman

RICHARD G. LUGAR, Indiana

MITCH MCCONNELL, Kentucky

PAT ROBERTS, Kansas

PETER G. FITZGERALD, Illinois

SAXBY CHAMBLISS, Georgia

NORM COLEMAN, Minnesota

MICHEAL D. CRAPO, Idaho

JAMES M. TALENT, Missouri

ELIZABETH DOLE, North Carolina

CHARLES E. GRASSLEY, Iowa

TOM HARKIN, Iowa

PATRICK J. LEAHY, Vermont

KENT CONRAD, North Dakota

THOMAS A. DASCHLE, South Dakota

MAX BAUCUS, Montana

BLANCHE L. LINCOLN, Arkansas

ZELL MILLER, Georgia

DEBBIE A. STABENOW, Michigan

E. BENJAMIN NELSON, Nebraska

MARK DAYTON, Minnesota

HUNT SHIPMAN, Majority Staff Director

DAVID L. JOHNSON, Majority Chief Counsel

LANCE KOTSCHWAR, Majortiy General Counsel

ROBERT E. STURM, Chief Clerk

MARK HALVERSON, Minority Staff Director

(II)

(III)

C O N T E N T S

Page

HEARING(S):

Nomination Hearing for Vernon B. Parker, of Arizona, to be Assistant

Secretary of Agriculture for Civil Rights ........................................................... 01

Thursday, March 20, 2003

STATEMENTS PRESENTED BY SENATORS

Cochran, Hon. Thad, a U.S. Senator from Mississippi, Chairman, Committee

on Agriculture, Nutrition, and Forestry ............................................................. 01

Harkin, Hon. Tom, a U.S. Senator from Iowa, Ranking Member, Committee

on Agriculture, Nutrition, and Forestry ............................................................. 07

Dole, Hon. Elizabeth, a U.S. Senator from North Carolina ................................. 03

Kyl, Hon. Kyl, a U.S. Senator from Arizona ......................................................... 01

McCain, Hon. John, a U.S. Senator from Arizona ................................................ 02

WITNESSES

Parker, Vernon B., of Paradise Valley, Arizona, to be Assistant Secretary

of Agriculture for Civil Rights ............................................................................. 04

APPENDIX

PREPARED STATEMENTS:

Leahy, Hon. Patrick ......................................................................................... 17

Lincoln, Hon. Blanche ...................................................................................... 16

Parker, Vernon B. ............................................................................................. 18

Rural Coalition/Coalicion Rural and the Federation of Southern Cooperatives/

Land Assistance Fund(retained in the Committee files) ..................................

DOCUMENT(S) SUBMITTED FOR THE RECORD:

Baucus, Hon. Max ............................................................................................ 23

Lugar, Hon. Richard ......................................................................................... 22

Parker, Vernon B., (Biographical Information) .............................................. 25

QUESTIONS AND ANSWERS:

Baucus, Hon. Max ............................................................................................ 55

Dayton, Hon. Mark ........................................................................................... 59

Harkin, Hon. Tom ............................................................................................ 44

Leahy, Hon. Patrick ......................................................................................... 53

Lincoln, Hon. Blanche ...................................................................................... 50

(1)

NOMINATION OF VERNON B. PARKER, OF

ARIZONA, TO BE ASSISTANT SECRETARY OF

AGRICULTURE FOR CIVIL RIGHTS

THURSDAY, MARCH 20, 2003

U.S. SENATE,

COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY,

Washington, DC.

The committee met, pursuant to notice, at 10:33 a.m., in room

SR–328A, Russell Senate Office Building, Hon. Thad Cochran,

[Chairman of the Committee], presiding.

Present or submitting a statement: Senators Cochran, Dole,

Grassley, Harkin, Leahy, and Lincoln.

STATEMENT OF HON. THAD COCHRAN, A U.S. SENATOR FROM

MISSISSIPPI, CHAIRMAN, COMMITTEE ON AGRICULTURE,

NUTRITION, AND FORESTRY

The CHAIRMAN. The committee will please come to order.

This morning we are conducting a hearing on the nomination of

Mr. Vernon Park, who has been nominated by President Bush to

assume the responsibility of Assistant Secretary for Civil Rights in

the Department of Agriculture. This is a position that was created

in the 2002 Farm bill that was passed by Congress and signed by

the President.

I am pleased to notice that we have Senator Jon Kyl, who is here

with Mr. Parker. Senator Kyl is from Arizona; Mr. Parker is from

Arizona. Before we proceed any further, Senator Kyl, we will recognize you for any introductory comments that you would like to

make.

STATEMENT OF HON. JON KYL, A U.S. SENATOR FROM

ARIZONA

Senator KYL. Well, thank you very much, Mr. Chairman. That is

kind. I will make a couple of remarks, and then at your pleasure

will excuse myself to go to a briefing.

It is a real privilege for me to introduce to my friends on the

committee here another friend from Arizona, Vernon Parker, who

has distinguished himself as an Arizonan and I know will distinguish himself here in Washington, D.C.

He is a lawyer, a community leader, a public servant. A little bit

about his background: he graduated from Georgetown Law School

and while there was editor of the American Criminal Law Review.

He rapidly rose after his graduation to the position of general counsel at the Office of Personnel Management. He has also served as

2

special assistant to President Bush I, a role that required him to

oversee more than 300 Presidential boards and commissions. Since

he moved to Arizona, Vernon Parker has achieved further distinction as a business leader, first as a consultant, and then as president and CEO of Scottsdale-based Bel Sante International.

Throughout, he has maintained a high-level involvement in community organizations and, I might also mention, some involvement

in politics.

Most recently, he served as interim pastor of his church, the Calvary Church of Valley in Paradise Valley, and I just want to say

that his legal skills and his dedication to equal opportunity will

permit him to excel as Assistant Secretary of Agriculture for Civil

Rights. As I said, it is a real privilege for me to introduce him. I

could say much more, but I know in the interest of brevity that this

should suffice.

I personally endorse him for the position and look forward to his

quick confirmation.

The CHAIRMAN. Thank you very much, Senator. We appreciate

your being here to say those things about the nominee. We are

pleased to have your statement, and we know you have other obligations, and you are certainly free to return to those.

Senator KYL. Thank you, Mr. Chairman.

The CHAIRMAN. Thank you.

We are also pleased to have before the committee this morning

Senator John McCain, the other Senator from Arizona. We appreciate your being here, Senator, to make any opening comments or

remarks about Mr. Vernon Parker that you would care to make.

Welcome.

STATEMENT OF HON. JOHN McCAIN, A U.S. SENATOR FROM

ARIZONA

Senator MCCAIN. I thank you, Mr. Chairman, and I thank my

colleague and friend, Senator Kyl, for his remarks. I very rarely

elaborate on his statements since he covers everything usually

completely. I would like to add my strong support to Vernon Parker

who is a proud—we are proud that he is a resident of Paradise Valley, Arizona, but most importantly, we are proud of his record of

commitment to community and public service and improving the

lives of children. His dedication to public service is certainly demonstrated by his willingness to assume this position.

He has been in the Office of Personnel Management, served in

the first Bush administration. He is also an entrepreneur, serving

as president and CEO of Bel Sante International, LLC.

I am proud of this young man. I am pleased that the President

has nominated him for this very important position. We know how

important this position and these issues are to all of us that he will

be involved in, and I strongly recommend the committee’s approval.

I thank the Chairman and members of the committee for allowing

me to be here.

The CHAIRMAN. Thank you very much, Senator. We appreciate

your comments and we respect your views and your service in the

Senate. You are a good friend. We appreciate your coming to the

committee this morning.

3

Senator MCCAIN. Thank you, Mr. Chairman, members of the

committee.

The CHAIRMAN. Mr. Parker, under the rules of the Senate, we

are required to put you under oath before we proceed with the testimony in the committee. If you will please stand and raise your

right hand. Do you swear or affirm that the testimony you are

about to provide is the truth, the whole truth, and nothing but the

truth, so help you God?

Mr. PARKER. I do.

The CHAIRMAN. Thank you. You may be seated.

Before we proceed with any questions, I want to know if the distinguished Senators who are here, Senator Grassley, Senator Dole,

have any opening comments or statement for the record? If you

would like to make a statement, please proceed.

Senator DOLE. Thank you, Mr. Chairman. Let me ask Senator

Grassley first, though, as my senior, would you like to make a

statement?

Senator GRASSLEY. It happens on this committee I am your junior.

[Laughter.]

Senator GRASSLEY. You should go ahead.

Senator DOLE. OK.

The CHAIRMAN. Senator Dole.

STATEMENT OF HON. ELIZABETH H. DOLE, A U.S. SENATOR

FROM NORTH CAROLINA

Senator DOLE. Mr. Chairman, the 107th Congress recognized, as

you mentioned, that it was imperative for the U.S. Department of

Agriculture to have a senior post specifically dedicated to the issue

of civil rights. I favor the action taken in the 2002 Farm bill to create this post, and I strongly support the nomination of Vernon

Parker to serve in the capacity as Assistant Secretary for Civil

Rights.

This job, in my view, requires someone who has a calling for public service, and it is clear from reviewing Mr. Parker’s background

and meeting with him in person that public service is indeed a calling for him.

He has been involved in a wide range of work and community

service that exemplifies his commitment in this regard. Additionally, his work in Government at the U.S. Office of Personnel Management and his practice of law in the private sector, his work as

a pastor illustrate his versatility and ability to bridge different

areas of expertise.

This, in my opinion, makes Mr. Parker uniquely qualified for this

post. Make no mistake, this job requires someone who can bring

people together, someone who can bridge differences.

Mr. Parker has the background and experience to do that, and

I am confident that he will work to keep the Department focused

on our commitment to ensuring equality for all of those who seek

the services of USDA.

Mr. Chairman, I commend Secretary Veneman for her work to

address the numerous civil rights issues with which the Department has been confronted in recent years. The swift confirmation

of Mr. Parker will allow the Department to make significant

4

progress in this important area. His strength of character, experience, and temperament will make him an extraordinary asset to

the Department of Agriculture. I urge my colleagues to support Mr.

Parker’s nomination for this important post.

Thank you, Mr. Chairman.

The CHAIRMAN. Thank you, Senator.

Senator Grassley, any opening statement you would care to

make?

Senator GRASSLEY. No.

The CHAIRMAN. At this point in the record, we will include the

prepared statement of Senator Leahy.

[The prepared statement of Senator Leahy can be found in the

appendix on page 17.]

The CHAIRMAN. The Assistant Secretary for Civil Rights is

charged with the duties of enforcing and ensuring compliance with

all civil rights laws by all agencies and under all programs of the

Department of Agriculture. The mission of the Office of Civil

Rights is to ‘‘facilitate fair and equitable treatment of USDA customers and the employees and ensure the delivery and enforcement

of civil rights programs and activities’’.

I have had the pleasure of meeting with Mr. Parker and reviewing his background and his qualifications, and I am very impressed

with his fitness for this position. I look forward to this hearing

where Senators have an opportunity to ask any questions they

might about the qualifications and plans of Mr. Parker in this new

office. He has a distinguished background as a lawyer, both in Government and in the private sector. He has served in the Office of

Personnel Management as counselor to the director and then as

general counsel, where he helped shape policies and implement

those policies on various issues, including civil rights.

He has also served as special assistant to the President. Mr.

Parker has credentials as both a community leader and as an attorney, and he has recently served as pastor in his church.

Mr. Parker, I know that you may have special guests or family

members here with you today, and if you do, please feel free to introduce them to the committee at this time.

Mr. PARKER. Thank you, Mr. Chairman. My best friend and my

lovely wife, Lisa; my son, Ian; and a very good friend who traveled

all the way from Scottsdale, Arizona, Mr. Bill Gresser; and my surrogate brother and sister, Jackie and Kevin Davis. I have quite a

few people here.

The CHAIRMAN. Thank you all for being here. We appreciate your

presence.

[Applause.]

The CHAIRMAN. Mr. Parker, we will now yield to you for any

opening statement or comments that you would like to make to the

committee. You may proceed.

STATEMENT OF VERNON B. PARKER, OF ARIZONA, TO BE

ASSISTANT SECRETARY OF AGRICULTURE FOR CIVIL RIGHTS

Mr. PARKER. Thank you, Mr. Chairman. This is indeed a wonderful day for me. Mr. Chairman and members of this committee, I

would like to begin by stating how proud I am to be from the great

State of Arizona and how fortunate all Arizonan citizens should be

5

to have two of the finest Senators to come from the State of Arizona in Senator Kyl and Senator McCain.

Mr. Chairman, I would like to thank the President and Secretary

Ann Veneman for putting their trust in me and nominating me for

such a challenging position. I would also like to thank my lovely

wife, Lisa, and my son, Ian, for their undying support while going

through this process.

Mr. Chairman, the great theologian Martin Luther once said

that, ‘‘Everything that is done in this world is done by hope.’’ This

morning, it is with great hope that I appear before this committee.

My hope lies in that, if confirmed, I will be able to make a difference in the lives of those who may have had their hopes or

dreams destroyed because of injustice.

Today, there are many people who rely on the Department of Agriculture. They are honest Americans to whom our society has decided to lend a hand through Government. This Government lent

me such a hand. As a child, I was a beneficiary of USDA programs.

I still remember lining up in the cafeteria before school for that hot

breakfast. As public servants, it is our duty to respect the dignity

and foster the promises to those who are touched by Government

programs. These are simple and basic American values.

Unfortunately, Mr. Chairman, at times, obstacles get in the way

of these values. Racism and poverty, for example, all too often work

in synergy to rob many people of their hopes and dreams. If confirmed, it is my intention to work to root out discriminatory practices as weeds in this garden of democracy. I will work to develop

systems to promote equality of access and opportunity and work toward the day when the special focus of this job will become unnecessary because that focus will have been fully moved to the hearts

of every employee within the Department. In creating this position,

you did not take it lightly, nor will I, if confirmed. I will rely greatly on my past life and work experiences.

Speaking of those experiences, Mr. Chairman, as a child I was

blessed by a loving extended family, a grandmother, a mother, and

many caring aunts, all of whom instilled in me a deep faith in God,

faith in each other, and a deep belief in America and its values.

As a child, I suffered poverty and felt the discord of racism. During

an unfortunate time in my life, my family needed Government assistance, and I remember the embarrassment on my mother’s and

grandmother’s faces when they could not understand the forms

that they had to fill out at the welfare office just to get food

stamps. I saw individuals take advantage of them because of their

lack of sophistication and because they could not read that well.

They were both products of the segregated South.

Mr. Chairman, I vividly remember them having to ask the person behind the desk for help when filling out these forms. I remember the look on their faces when the person helping was anything

but helpful. I remember them questioning whether they were being

treated differently because of their race. They would always say, ‘‘I

bet they would not have talked to me like that if I were white, or

I bet they would have helped me if I were white.’’ More importantly, Mr. Chairman, I remember the joy on their faces when

someone would help, and many times that person helping would be

white. Mostly I remember them telling me not to judge another

6

person by the color of their skin because in the end, we will all be

judged by our resolve not to judge others.

It is my understand that today at the Department of Agriculture

there are many people who have been denied or are being denied

services because of the color of their skin or their gender. These

people are just like my mother and my grandmother, and this is

a practice which must be abolished. Abraham Lincoln some 141

years ago created the People’s Department, today known as the

USDA. This same President, 3 years after creating the People’s Department, freed a people by signing the Emancipation Proclamation. There is no agency in our Government whose mission is more

bound to basic American values than the Department of Agriculture.

As public servants, it is up to us to ensure that the letter and

spirit of that proclamation is carried out. We are caretakers of the

public trust; there is no higher service, other than service to God

and family. We must, as I said earlier, root out discriminatory

practices. At the same time, we must use discernment to properly

identify justifiable cases that have no merit, because finding racism

where there is none has a numbing effect on rooting out legitimate

cases.

If confirmed, I will rely on two overriding principles to guide me

in achieving these goals. First, it is critical that we work together

and commit the resources to do the job. If we don’t, we will remain

at status quo. We can either pay now or pay later. We can either

invest in the prevention of civil rights abuses, or we can invest in

the next landmark settlement eclipsing the nearly $1 billion already committed to by this Government.

Second, if confirmed, I will work to knock down roadblocks that

hinder people from achieving their dreams. The President and Secretary Ann Veneman have strong commitments to this principle.

This principle extends to those who may not be in this room today,

but whose lives are very real and whose dreams are rooted in the

American dream of equality and justice for all.

The prevention of civil rights abuses at the USDA is an investment in our values, a decision of the Congress and the President

to see that the resources of this Government reach all those Congress intended to benefit. We must the legislative and executive authorities to get the job done, rather than wait for courts to act as

Government administrators.

In closing, Mr. Chairman and members of this committee, I am

reminded of the words in Matthew where Christ said, ‘‘whatever

you did for one of the least of these brothers of mine, you did for

Me.’’ Conversely, ‘‘whatever you did not do for one of the least of

these, you did not do for Me.’’

Mr. Chairman, I thank you and the members of this committee

for your time and consideration, and I am available to answer any

questions that you may have of me at this time.

The CHAIRMAN. Thank you very much. I must say, Mr. Parker,

that I don’t recall ever hearing a more eloquent statement by a

nominee for any office who has appeared before this committee for

confirmation. I congratulate you on the statement and the spirit in

which it was delivered. It was obvious to me that you meant what

you said, and those were very reassuring words, and I am confident

7

that if you keep that spirit alive within yourself, you will be an outstanding Assistant Secretary for Civil Rights for the Department of

Agriculture.

Mr. PARKER. Thank you.

The CHAIRMAN. There is one mandatory question that we have

to ask all nominees who come before the committee for confirmation, and I will ask that now. Do you agree to appear before any

duly constituted committee of the Congress, if asked to appear?

Mr. PARKER. Yes, sir.

The CHAIRMAN. I have looked at your qualifications, and by reason of your experience with the Office of Personnel Management

and the other duties you have had in Government and out of Government, you certainly have the work experience that would qualify you to serve in this position. I believe by your statement as well

that you understand the role and responsibilities.

Let me ask you this, though: If you are confirmed by the Senate

and assume the duties of Assistant Secretary for Civil Rights, how

would you measure the success of your tenure in this office?

Mr. PARKER. Thank you for that question, Senator. One of the

things that I would look at is present day. How do people get

along? I am speaking of the clients outside of the USDA who rely

on the services of each employee there. I speak of the farmers. I

speak of the employees under Title VII. I speak of Title VI programs also. If at the end of the day relationships can be repaired

and there are no obstacles or roadblocks to services at the USDA,

I will be very proud of that. I stand firmly committed to work to

really have an environment where people feel that they have access

to the system.

The CHAIRMAN. I am pleased to note the presence of our distinguished Senator from Iowa, Mr. Harkin, who is the ranking Democrat on the committee and served as chairman of this committee

and has presided over confirmation hearings before. This is the

first hearing where I am presiding as chairman of the committee

in the confirmation of a nominee before the committee. I am

pleased that it is this nominee and for this position, because it is

truly a landmark day of real hope and meaning, not only for the

customers, the farmers who deal with the Department of Agriculture, but the employees who work there.

I am impressed with the comments that have been made by this

nominee and wish him well in the assumption of these duties. I am

sure that your background and experience and your commitment to

doing an excellent job I will ensure your success as the first Assistant Secretary for Civil Rights. Other Senators will respect this as

well and look forward to your serving in this job.

Senator Harkin, I am pleased to yield to you for any statement

or questions you might have?

STATEMENT OF HON. TOM HARKIN, A U.S. SENATOR FROM

IOWA, RANKING MEMBER, COMMITTEE ON AGRICULTURE,

NUTRTION, AND FORESTRY

Senator HARKIN. Mr. Chairman, thank you very much, and

thank you for your great leadership of this committee and for being

so involved when we created this. This is quite a compliment to you

that as the chairman of the Agriculture Committee, this would be

8

the first nomination you have presided over because this is a

unique position. It is the first time we have ever had this position

at the Department of Agriculture. It is extremely important that

we move ahead on this as soon as possible, and I thank you for

moving this nominee as rapidly as you have, Mr. Chairman.

I just want to welcome Mr. Vernon Parker to our committee and

extend my welcome also to your wife, Lisa, and your son, Ian. I enjoyed my visit with you just the other day, Mr. Parker, in my office.

Again, you have a tough job ahead of you, but I am sure I can assure you that on both sides of the aisle up here you will have the

support necessary to make this position strong and successful.

It is interesting that the Department of Agriculture was founded

150 years ago by President Lincoln, and I don’t think that irony is

lost on us as the atmosphere at USDA has been, of all the departments of the Federal Government, one of the least friendly for minorities and women.

While I am pleased that USDA will finally have someone charged

with overseeing civil rights compliance at the Department, both

here in Washington and throughout the country, I guess it is somewhat disappointing that such a special position is needed.

Most people are aware of Pickford v. Glickman, and now

Veneman, class action lawsuit in which thousands of African American farmers have received redress for decades of discrimination.

Under the historic consent decree which flowed from this case, almost $700 million has been paid out to African American farmers.

The process of providing relief has been plagued with problems and

continues to limp along.

In addition, other civil rights lawsuits are pending, including

class actions by Hispanic farmers, American Indians, women, and

minority employees of the Department of Agriculture itself.

In addition, we regularly hear complaints that the culture at

USDA continues to be troublesome. Just last month, the EEOC

issued a report on civil rights enforcement at USDA that confirmed

that civil rights problems remain serious and systemic at USDA

and require, and I quote, ‘‘immediate correction.’’

Unfortunately, this critical report is not an isolated one. Over the

years, the GAO, the EEOC, and the Inspector General of USDA

itself have issued reports critical of USDA in this regard.

For that reason, we on this committee in a bipartisan, strong bipartisan fashion, created the Assistant Secretary for Civil Rights in

the last Farm bill. Again, this was, first and foremost, to ensure

top-level accountability at the Department of Agriculture.

The message has to come through loudly and clearly that discrimination is unacceptable in any form, place, or time. Mr. Parker,

it is critical that you have and use all the tools of the Department

at your disposal to alleviate discrimination at USDA and for all

USDA customers.

Mr. Parker, I want to emphasize to you both the high hopes that

we have for this position as well as the high expectations. The

USDA civil rights record is a blight on the Department and the

many fine employees at USDA who suffer guilt by association. It

is past time that we solve this problem once and for all. As the first

Assistant Secretary for Civil Rights, your actions will set a precedent for the Department and all future Assistant Secretaries.

9

You have a tough job ahead of you. We look forward to working

with you on this difficult but critically important cause. Again, I

add my congratulations to you for your nomination to this position.

Again, Mr. Chairman, I hope we can move this nominee as rapidly

as possible.

The CHAIRMAN. Thank you very much, Senator.

Mr. PARKER. Thank you, Senator.

The CHAIRMAN. An excellent statement.

Senator Grassley.

Senator GRASSLEY. I thank you, Mr. Chairman. This gives me an

opportunity, Mr. Chairman, and probably the last one, to congratulate you on your assuming the chairmanship because this is the

first meeting I have been able to be to, so I want to make sure I

join all those others who have congratulated you after all your

years of service on this committee. Being chairman of this committee, I had the opportunity to do the same thing to Senator Harkin

2 years ago. I am glad to be back on the committee after being off

for the last 2 years.

I don’t know whether I want to ask questions so much as just

to ask the nominee to give some consideration to some points of

view that I might make to any nominee at the Department of Agriculture, but also maybe some that are directly related to your immediate responsibilities. Obviously when it comes to the issue of

civil rights, I am sure you are very, very sensitive to all of the

needs and all of the concerns of those things, and I wouldn’t even

pretend to have the understanding that you would of those, although I hope I appreciate those issues as well.

When it comes to issues of civil rights, I know that your responsibilities go well beyond just things related to race, even though

probably the really highlighted issues before the Department of Agriculture as they deal with civil rights, it seems to me that most

of the highlighted ones have dealt with the issue of race and some

American farmers not being treated fairly. You would have that appreciation.

Whatever denial of civil rights that Americans have, I would ask

that you always be sensitive to farmers having not only the civil

rights issue but also connected with their occupation of farming, a

lot of other things that you need to take into consideration, although you can only, obviously, deal with those things that are in

your authority.

Everybody in the Department of Agriculture should be concerned

about sensitivity to the occupation of farming. There is so much

about agriculture that is unpredictable, and just the problems of

African Americans in the past not being treated right by county offices is just one of the problems that those farmers had.

When people come to you for help, they are also controlled—they

are affected by a lot of things that are—practically everything that

is beyond their control: whether or not they get enough rain or too

much rain; whether or not international trade or international politics, what that might do to them.

Everybody in the Department of Agriculture, it seems to me, has

to be concerned about and be sensitive to the problem of the family

farmer, has to have some understanding of the unpredictability of

this occupation, this business. Even in the best of times, let me

10

say—let’s say when prices are high and there is plenty of rain and

maybe it is all quiet on the international front, there is always a

cloud over the head of the family farmer, because you don’t know

what is out there. You always end up paying somebody else what

they ask for your input. You are always at the burden of what the

price is for your product on the day that you might have to sell it.

You have all the problems of civil rights you have to deal with,

but when you are dealing with farmers of America, you have all

those other things that you have to be sensitive about. I am not

here saying you won’t be sensitive about them. You may be very

well sensitive about them. If you don’t come from agriculture, I

don’t know whether you can be as sensitive as people who came

from agriculture.

I guess with that admonition, I would just simply say to you that

when it comes to the problems of the African American farmer not

being treated right on getting loans and on foreclosures and all

those things that are now history, but not all of those—in fact, just

a small minority of those groups of farmers at this point have been

satisfied.

One of the problems of Government is that there were certain

rulings that gave these people justice, and then the bureaucracy

just didn’t work to get them finality. As far as I know, there is still

a lot that don’t have finality yet. It is one thing to fight and lose,

but it is another thing to fight and win and then just never get victory because somebody doesn’t like the decision of the judge or the

adjudicatory body.

We have to work to make sure that not only justice is rendered,

but justice is delivered. You are going to find yourself up against

a bureaucracy that doesn’t want to ever admit defeat. Kind of like

the IRS, they can lose in three or four circuits and they win in one,

and they are going to follow the one circuit they win in. Sometimes

there ought to be an acceptance by Government, if Government is

wrong, that we deliver the right award to people.

I will stop there because I have expressed as best I can as a

farmer what faces agriculture, and I expressed as best I could without a full appreciation of it, certain Americans being denied their

equal treatment under the law. You are going into maybe a bureaucracy that is not very friendly to what you have to deliver on.

You are probably a fighter or you wouldn’t want to take this on.

You are going to have to be a fighter.

If I have any questions, Mr. Chairman, I will submit those for

answers in writing, if that is OK.

The CHAIRMAN. That would be fine. Senator, we appreciate very

much your eloquent statement and comments about this office and

the nominee and the challenges that face him.

We will leave the record of the hearing open for a period of 5

days within which Senators may submit questions if they were not

able to attend this hearing and want to ask the witness any questions.

Senator Lincoln, we are pleased to have you attend this hearing.

Welcome. You may proceed with any statement or questions that

you may have.

Senator LINCOLN. Well, a special thank you, Mr. Chairman, for

holding this hearing, and I want to add my congratulations to you

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as well. I am proud to see you there and glad to have a chairman

who speaks my language and happens to be a neighbor. Congratulations. We are looking forward to working with you.

Mr. Parker, welcome to the committee and a very special welcome to your family as well. I know they are very proud to be with

you today.

Mr. PARKER. Thank you.

Senator LINCOLN. I want to thank you for coming by my office,

giving me an opportunity to meet you and understand, and I will

share with my colleague, Chairman Grassley over there, that he

did indicate to me that he had worked a little bit on his grandfather’s farm, he has a little bit of farming background in him.

Senator Grassley and I both have farming backgrounds ourselves, so we are always glad to know when somebody does have

a connection with the land and has some background there.

I am very pleased to be here today to consider your nomination,

Mr. Parker, for the position of Assistant Secretary of Civil Rights.

It is no secret that we have seen and continue to see a number of

documented problems with the Department of Agriculture’s handling of civil rights complaints, and I have been a strong one in advocating, writing the Secretary and others, to indicate that I felt

like it was absolutely a critical position that needed to be filled and

it needed to be filled in a timely way.

These injustices have really affected thousands of minority farmers across our country, and we have had a great deal in Arkansas

who have suffered a tremendous amount, not only financially but

personally and very much in a personal and sensitive way.

Many minority farmers have lost faith in the Department of Agriculture’s ability to meet their special needs because of that, and

it is always a sad thing and a disheartening thing when people lose

trust in the Government and the agencies that are there to work

with them and to work better toward helping them achieve their

goals and their dreams. After all, that is what our Government was

designed to do, and that was to work with the American people to

help them reach their dreams.

You know, because of that loss of faith, that is really why during

the debate of the 2002 Farm bill I and many of my colleagues recognized the need for this position to oversee implementation of

farm policy for our minority farmers and to respond quickly and effectively to these civil rights complaints.

It was the intention of Congress that the occupant of this position be tasked with improving the Department’s civil rights policies

and ensuring that the Department is responsive to complaints and

to concerns. I have to say to you, Mr. Parker, it is a big task which

will bring great challenges. I speak for my colleagues when I say

to you that we thank you for accepting these challenges. We know

there will be great challenges, and there will be much to do in

mending and binding the wounds that have been created over the

past. We want to work with you.

I look forward to working with you closely to ensure that we can

improve that situation by enhancing the equity and the accessibility of all USDA programs so that our minority communities enjoy

the same confidence and the reassurance as other American farmers do. Whether they happen to be African American, happen to be

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female, whatever—particularly Hispanic as well, whatever their

category is, it is so important that they know that their Government can be trusted. You are being given that responsibility. We

have a great deal of faith in you. We are looking forward to working with you and making sure that we provide what we can in

terms of the help and the assistance. Certainly your initiative, your

tenacity, your willingness to really attack this problem and go at

with the idea that you want to rebuild that trust and bring back

justice for these individuals is a critical component for the success

of this new office at USDA.

I will echo my colleague Senator Harkin’s comments that we

have high hopes and high expectations. We are willing to work

with you to do what we have to do to make this a success, and I

hope that we will all come together in making sure that it is a success.

We thank you for being here. I thank you, Mr. Chairman. I have

a couple of questions, and I will be glad to submit them to the

record so that Mr. Parker can answer them.

The CHAIRMAN. We thank you very much, Senator Lincoln, for

your comments and your presence and influence on this committee.

You are a valued member of the committee, and it is a pleasure

to work with you.

[The prepared statement of Senator Lincoln can be found in the

appendix on page 16.]

The CHAIRMAN. [continuing] Mr. Parker it is a compliment to you

that you have not had any hostile questions.

[Laughter.]

The CHAIRMAN. The fact is that because you have met with Senators and you have probably answered the questions that those you

visited with had already and you answered them in a way that was

very reassuring. Certainly that was the case with my questions of

you, talking about how you viewed this office and your role and the

responsibilities it would bring to you and how you planned to discharge those responsibilities and what your background was and

why you thought you were qualified to serve, and all those answers

impressed me. The fact that other Senators have been here today

to compliment you, to express our confidence in you, is a tribute

to you. I want you to feel good about the relationship you have with

this committee starting off in this very important undertaking.

Because we have indicated that the record will remain open for

a period of days for comments, statements, or questions to be submitted, we will probably not have another meeting of this committee on this nomination until that time expires. It is my hope that

we can have a meeting as soon as possible after that 5 days has

elapsed so that we can vote to recommend confirmation of you to

the full Senate and the Senate can act on it. We hope within the

near future your confirmation will be assured and you can begin

assuming the duties of Assistant Secretary for Civil Rights.

I have received a statement, which we will put in the record,

from the Rural Coalition/Coalicion Rural, and the Federation of

Souther Cooperations/Land Assistance Fund. That will be made a

part of the record in full.

[The referred information is retained in the committee files.]

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The CHAIRMAN. If there are other statements that any other organizations or individuals would like to submit for the record, they

can feel free to do so, and we will make them a part of the hearing

record.

Mr. Parker, that concludes the hearing, and I congratulate you

for your performance and your selection for this job and wish you

well in this important undertaking.

Mr. PARKER. Thank you, Mr. Chairman.

[The prepared statement of Mr. Parker can be found in the appendix on page 18.]

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A P P E N D I X

MARCH 20, 2003

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DOCUMENTS SUBMITTED FOR THE RECORD

MARCH 20, 2003

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QUESTION AND ANSWERS

MARCH 20, 2003

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