[Congressional Record Volume 155, Number 126 (Wednesday, September 9, 2009)]
[Senate]
[Pages S9166-S9170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

  NOMINATION OF CASS R. SUNSTEIN TO BE ADMINISTRATOR OF THE OFFICE OF 
  INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET

  The PRESIDING OFFICER. Under the previous order, the Senator from 
Connecticut is recognized.
  Mr. LIEBERMAN. Mr. President, as chairman of the Committee on 
Homeland Security and Governmental Affairs, I am pleased to both 
express my unqualified support for the nomination of Cass Sunstein to 
lead the Office of Information and Regulatory Affairs, which is known 
in government circles as OIRA, and also to favorably report the 
nomination out from our Homeland Security Committee.
  This nomination was considered and reported out by the committee on 
May 20. That was almost 3\1/2\ months ago. But unfortunately, Professor 
Sunstein's nomination has been the subject of unnecessary holds and 
delays. This is an important position that needs to be filled.
  I thank Majority Leader Reid for bringing this important nomination 
to a vote. Obviously, there was a filibuster, and we will now need to 
invoke cloture so Professor Sunstein can get on with the important job 
that President Obama has nominated him to do for our country and each 
one of us.
  OIRA is one of those governmental agencies that has a low public 
profile but exerts high influence over the workings of government and 
therefore the daily lives of most Americans.
  In Congress, we pass laws that express our values, that draw lines 
between what is right and wrong, what is desirable and undesirable for 
our society. But because we cannot ever foresee every permutation of 
the law or its effect, we must leave many of the details to the 
executive branch and its regulatory actions or implementation of the 
laws we pass.
  For over a quarter of a century now, Presidents of the United States 
have asked OIRA to help oversee and coordinate this critical regulatory 
process. Thus, OIRA has a huge impact on the widest range of problems, 
as wide as the purview of our government itself, including the health 
and safety of every American and the health and stability of the 
American economy.
  In Professor Cass Sunstein, the President has found someone with 
exceptional qualifications and talent, capable of leading OIRA in a 
positive direction to fulfill Congress's intention in the adoption of 
laws.
  When he began teaching at Harvard Law School in 2008, after a 
distinguished career teaching and residing in the city of Chicago, 
which is ably represented by the occupant of the chair, his new 
employers at Harvard announced that they had secured for their faculty 
``the preeminent legal scholar of our time, the most wide-ranging, the 
most prolific, the most cited, and the most influential.'' As a 
graduate of Yale Law School, I was initially quite suspect of those 
superlatives. The truth is that those words of Elena Kagan, then dean 
of Harvard, now Solicitor General of the United States, are validated 
by the extraordinary record of Professor Cass Sunstein. He has taught 
and written about many subjects, including particularly regulation, the 
management of risk, and, in fact, OIRA itself.
  Our committee conducted a thorough review of Professor Sunstein's 
writings and his background, and he has met individually with me, 
Senator Collins, our ranking member, and most other members of the 
committee. We held a confirmation hearing on this nomination on May 12 
of this year, at which the members of our committee thoroughly 
questioned Professor Sunstein about his views on several important 
matters. And I believe he responded directly, sincerely, and addressed 
each of the members' concerns.

  For example, I wanted to be sure his previous advocacy for a rigorous 
implementation of cost-benefit analysis to regulations did not mean 
that OIRA under his leadership would interfere with the agency's 
issuing of regulations necessary to protect public health and safety. 
Professor Sunstein convinced me in his answer that he would diligently 
support the purposes of laws to protect public health and safety as 
adopted by Congress and signed by the President.
  Because Professor Sunstein is brilliant, creative, and prolific, he 
has written some things that are unconventional and, for some, 
controversial. I believe when asked about each of those matters he 
answered sincerely and fully and reassuringly.
  For example, hunters were concerned about Professor Sunstein's views 
on gun rights. He made very clear he believes the second amendment 
creates an individual right to possess guns for hunting and self-
defense. To farmers and others concerned with his previous writings and 
comments on cruelty to animals, Professor Sunstein has said he would 
take no steps to promote litigation on behalf of animals, which some 
concluded was his position based on a provocative article he wrote, and 
that he has no plans, certainly, to regulate animal husbandry.
  So this is a bright, thoughtful, creative man who, as a professor, 
has written some provocative, unconventional ideas. I suppose if one 
wanted to take advantage of them for one's own purposes, to politicize, 
in some sense, or ideologize, in some sense, this nomination, one might 
seize on those. But at bottom, this is a person extraordinarily well 
qualified for this position.
  I will say he has been endorsed by the American Farm Bureau 
Federation, insofar as concerns of the agricultural community are 
concerned. He met with them, and he answered there questions. They 
said:


[[Page S9167]]


       . . . we hope the Senate can take up this nomination in the 
     near future and all Senators will vote to confirm him in this 
     post.

  Professor Sunstein has also won the public endorsement of a variety 
of groups, including the U.S. Chamber of Commerce and the National 
Association of Manufacturers which has concluded, based on his writings 
and their meetings with him, that he will be fair and not antibusiness, 
anti-economic growth in this important position.
  As for myself, after meeting with this distinguished, thoughtful, and 
very gentlemanly individual, listening to him at our hearings, seeing 
how he has responded thoroughly and forthrightly to those who have 
approached him with their concerns, I am convinced Professor Sunstein 
has superior qualifications for this office and a strong commitment, if 
concerned, to guide OIRA in conformity with the law and the public 
interest above all. That is why I urge my colleagues to support cloture 
and to support this nomination.
  Mr. President, I am pleased to see the senior Senator from Minnesota. 
I yield to her at this time.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Ms. KLOBUCHAR. Mr. President, I rise today to talk about Cass 
Sunstein and his qualifications to be Administrator of the Office of 
Information and Regulatory Affairs. I thank Senator Lieberman for his 
leadership. I am going to try not to say the word ``OIRA'' in my 
remarks because it is a very difficult agency, and no one is quite sure 
what it does. But I can tell you it does something very important, 
which is to cut through the redtape for citizens and to try to get some 
sensible rules for this country.
  How do I know Cass Sunstein? Back in the 1980s I was privileged to 
have him as my law professor at the University of Chicago. I took his 
administrative law class, and he was also my adviser on the law review.
  His career as a legal scholar was just beginning to take off, but he 
was already making a very strong impression as a teacher. I think many 
of my fellow classmates believed he was, in fact, their favorite 
teacher.
  When we first saw Cass Sunstein in class, he looked like a boy in a 
man's suit. He was so thin but with such enthusiasm. These were the 
days before white boards, and he would always get a lot of white chalk 
on his black suits, which he seemed oblivious to, but he was far from 
an absent-minded professor. He would race along a mile a minute in his 
lecture, a fountain with a never-ending stream of ideas. He was never 
boring, which is a tough standard for law students.
  Today Professor Sunstein is one of the Nation's most thoughtful and 
respected legal scholars with a distinguished record of 
accomplishments. He is a graduate of Harvard Law School, a law clerk to 
Supreme Court Justice Thurgood Marshall, a professor at the University 
of Chicago for 27 years, the author and coauthor of more than 15 books 
and hundreds of scholarly articles.
  By a large margin, Cass Sunstein is the most cited scholar on any law 
faculty in the United States of America. One envious observer said:

       If you look at what he's written and done, he should be 900 
     years old.

  What are the concerns of his academic work? The overriding concern is 
we have smart, science-based, cost-effective policies to protect public 
health and safety, to promote energy security, and to strengthen our 
economy and financial system.
  In a recent book Professor Sunstein coauthored called ``Nudge,'' he 
wrote that by knowing how people think, we can design rules and 
policies that make it easier for Americans to choose what is best for 
themselves and their families. In other words, Cass Sunstein believes 
the best types of rules and regulations are the ones that encourage 
American consumers and businesses to make good decisions without 
demanding that they do so.
  I thought a lot about his work when Congress debated the first-time 
home buyers tax credit which helped spur home sales after months of 
decline again. Again, if you shape policies and programs that are easy 
to understand, that provide incentives, that give Americans control 
over their fate, you get the right results.
  That is why it is so important we confirm Cass Sunstein to this 
critical post. His pragmatic, sensible approach to policy and 
regulation will help make our Federal agencies work smarter and ensure 
that our government works better for our citizens and for our 
businesses.
  It is no surprise to me, as Senator Lieberman just discussed, the 
kind of support that Cass Sunstein has gathered. The Wall Street 
Journal editorial board has been positive about his nomination. You 
have heard the support from the U.S. Chamber of Commerce, the National 
Association of Manufacturers, the American Farm Bureau Federation, 13 
Nobel Prize winners, and C. Boyden Gray, who served as White House 
Counsel under both Presidents Bush.
  While all these individuals and organizations are supportive, what 
they say about Cass Sunstein is what I have always known about him. He 
is a pragmatist. He cares about ideas, but ultimately he cares about 
the right results.
  I have heard time and time again from the people in my State office 
about the redtape and regulations citizens run into on an everyday 
basis with the U.S. Government. It is time to put someone in this job 
who actually sees that connection, is able to connect human behavior 
with what those rules are, and make those rules make some sense. He has 
the intellect, the ability, and the force to get this done, and I am 
proud to support his nomination.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, first, I thank Senator Klobuchar for 
those very thoughtful and, I thought, compelling words in support of 
Professor Sunstein's nomination. They were both thoughtful and 
personal, and that matters a lot. I thank her for taking the time to 
come and speak on this important nomination.
  I thought it might be helpful if I read from a few of the letters of 
endorsement of Professor Sunstein because this is one of those 
nominations that I think has become unnecessarily controversial. A rule 
I have always tried to apply--I think I have done it pretty well over 
the years, playing it uniformly--is when, as a Senator, we exercise our 
authority to advise and consent, the judgment for us to make is not 
whether we would have nominated that person to that office but whether 
on due consideration we conclude that nominee is within an acceptable 
range and capable of fulfilling that job. That is quite a different 
situation.
  One might agree or disagree, let's put it that way, with Professor 
Sunstein on one or another thing he has written in a remarkably 
productive, prolific career, but one would have to decide if he is 
unqualified for this position, not just that he wouldn't be your first 
choice but seems to be he is unqualified or there is a level of risk in 
fulfilling it that even if he was qualified, one would vote against it.
  I want to reassure my colleagues. I mentioned the American Farm 
Bureau Federation because there had been concern in the Agriculture 
Committee. I read a letter from Bob Stallman, president of the American 
Farm Bureau Federation:

       Like others in the agriculture community, we were concerned 
     about reports related to Mr. Sunstein's views on animal 
     rights and the impact that could occur should such views be 
     reflected in Federal regulations. We have, however, had the 
     opportunity to discuss this subject in person with Mr. 
     Sunstein. He has been candid, forthright and very open about 
     how he views his role in OIRA. He has shared his perspective 
     on the issues in question and stressed that he would not use 
     his position to undermine further law or further policies 
     inconsistent with congressional directives.

  I quoted in my opening statement of the president of the American 
Farm Bureau Federation:

       . . . we hope the Senate can take up this nomination in the 
     near future and that all Senators will vote to confirm him in 
     this post.

  Second, a very different association and important one in our country 
is the Chamber of Commerce of the United States of America, and in a 
letter from R. Bruce Josten, the first paragraph says:

       The U.S. Chamber of Commerce, the world's largest business 
     federation representing more than three million businesses 
     and organizations--

  He says about the nominee--


[[Page S9168]]


       Over the course of an impressive career as a legal 
     academic, Professor Sunstein has made important contributions 
     in such diverse areas as environmental law, behavioral 
     economics, and consumer safety. Through his work, he has 
     improved our understanding of the law and public policy in a 
     continuing effort to improve the ability of government to 
     beneficially impact the lives of its citizens.
       As OIRA Administrator, Professor Sunstein is almost certain 
     to apply a thoughtful approach to regulatory oversight and 
     review. His extensive writings and teachings provide a useful 
     blueprint of his pragmatic approach to regulation, including 
     his continued defense of cost-benefit analysis as a tool for 
     developing rational regulation. His approach is not 
     influenced by an ideological predisposition.

  I repeat, from Bruce Josten, executive VP of the Chamber of Commerce:

       His approach is not influenced by an ideological 
     predisposition--to the contrary, his writings show a strong 
     commitment to a balanced review that is biased neither in 
     favor of nor against regulation.
       By all accounts, Professor Sunstein is a man of personal 
     integrity and formidable intellectual prowess, and the 
     Chamber applauds his willingness to suspend an exceptional 
     academic career in order to serve his country.

  Mr. Josten concludes by saying:

       The Chamber urges you to expeditiously confirm Professor 
     Sunstein as Administrator of OIRA.

  I need not tell my colleagues in the Senate that the Chamber of 
Commerce is a probusiness group, and if they believed Cass Sunstein as 
OIRA Administrator would harm business entrepreneurship, economic 
growth, and the free market in our country, they would say so, loudly 
and clearly. But they did not say so. They did not just remain silent. 
The Chamber of Commerce of the United States said Cass Sunstein is 
qualified by his writings, he is fair, and they urge us to confirm this 
nomination.
  I have a similar letter from the National Association of 
Manufacturers, Rosario Palmieri, vice president of NAM, writing to 
Senator Collins and me:

       . . . I am writing to offer our support for the 
     confirmation of Cass Sunstein to be Administrator of the 
     Office of Information & Regulatory Affairs in the Office of 
     Management & Budget. . . .
       The NAM [National Association of Manufacturers] has 
     supported nominees to OIRA under both Republican and 
     Democratic presidents. The office plays a crucial role in 
     agency prioritization, paperwork reduction, and regulatory 
     review. Cass Sunstein, in particular, is deserving of 
     confirmation because of his keen intellect, expertise in 
     the fields--

  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. LIEBERMAN. I thank the Chair.
  The bottom line is that Professor Sunstein is supported by many 
groups, including those who some might think would have opposed him. I 
hope my colleagues will support this nomination in the vote to come and 
on final passage.
  I thank the Chair, and I yield the floor.
  Ms. COLLINS. Mr. President, I rise to discuss the nomination of 
Professor Cass Sunstein to be Administrator of the Office of 
Information and Regulatory Affairs, OIRA.
  Professor Sunstein's nomination has been endorsed by a number of 
groups, including the Farm Bureau, the Chamber of Commerce, and the 
National Association of Manufacturers.
  I will ask consent to have letters of support from these 
organizations printed in the Record following my remarks.
  While many people outside of Washington have never heard of this 
office, it can have an enormous influence on our everyday lives. 
Through the process of regulatory review, OIRA--as it is known in 
Washington--plays an integral role in the rulemaking process. The 
office advises agencies as rules are developed and then reviews the 
methodologies used to develop and justify these rules.
  Professor Sunstein has extensively studied government regulation and 
the various methods that can be used to evaluate regulatory 
effectiveness. During his confirmation hearings, I noted several core 
principles that seem to underpin Professor Sunstein's work.
  He advocates greater transparency in the regulatory process. One of 
his recommendations is that agencies be required to better justify 
decisions to regulate, particularly when the costs of regulations 
appear to exceed the benefits. That makes sense to me.
  Professor Sunstein strongly supports the use of cost-benefit analysis 
as a tool for evaluating regulation. At the same time, he recognizes 
that such analysis has limitations when it comes to considering 
intangible costs and benefits.
  Recently, Professor Sunstein has proposed an alternative to more 
draconian ``command-and-control'' regulation. In his book ``Nudge,'' he 
makes a compelling case for regulation that does not dictate actions 
but instead encourages certain behavior without limiting personal 
freedoms. This ``nudging'' can promote societal goals without depriving 
individuals or organizations of other choices.
  As with many nominees who make the transition from academia to 
government service, Professor Sunstein will find that as he steps from 
the world of theory into the realm of practice, not every idea 
discussed in the classroom can be easily converted into government 
policy--nor should it be. During his confirmation hearing, Professor 
Sunstein and I discussed several provocative statements he has made in 
the course of his career, statements that are troubling on their face.

  I was deeply concerned, for example, by his past comment that hunting 
should be banned. When I questioned Professor Sunstein on this 
statement, he responded as follows:

       Hunters are among the strongest environmentalists and 
     conservationists in the United States. And it would be 
     preposterous for anyone in a position like mine to take steps 
     to affect their rights or their interests.

  In a July 14, 2009, letter to Senator Chambliss, Professor Sunstein 
promised to respect second amendment rights if confirmed as OIRA 
Administrator. Professor Sunstein explained:

       I strongly believe that the Second Amendment creates an 
     individual right to possess and use guns for purposes of both 
     hunting and self-defense. I agree with the Supreme Court's 
     decision in the Heller case, clearly recognizing the 
     individual right to have guns for hunting and self-defense. 
     If confirmed, I would respect the Second Amendment and the 
     individual right that it recognizes.

  I was also concerned by several law review articles in which 
Professor Sunstein made the bizarre statement that animals be given 
standing to sue in court--allowing ``representatives'' to sue on an 
animal's behalf. In response to questions on this subject during his 
confirmation hearing, Professor Sunstein clarified that he was 
suggesting this as a means by which existing animal cruelty laws could 
be enforced by civil suits. In a letter to me on this issue, Professor 
Sunstein further stated:

       I have no personal plans to regulate farm animal husbandry 
     in any way. If confirmed, and if the Department of 
     Agriculture were to propose any regulations in that domain, I 
     would work with the Department to ensure that any proposed 
     regulations follow the law and fit with the priorities of the 
     President--and that they take full account of the pressing 
     needs of America's farmers and ranchers and the countless 
     consumers who benefit, every day, from their remarkable 
     efforts.

  I will consent to have Professor Sunstein's letter printed in the 
Record following my remarks.
  I know that a number of my colleagues have shared these concerns or 
raised other concerns based on Professor Sunstein's extensive 
bibliography. I understand that Professor Sunstein has made himself 
available to meet with Senators to discuss those concerns and has in 
some cases provided written clarifications of his positions. I expect 
that when confirmed as OIRA Administrator, he will continue to be as 
accessible and responsive to this Congress.
  On balance, I support Professor Cass Sunstein as Administrator of the 
Office of Information and Regulatory Affairs.
  Mr. President, I ask unanimous consent to have letters of support and 
Professor Sunstein's letter, to which I referred, printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


[[Page S9169]]


                                               Chamber of Commerce


                              of the United States of America,

                                    Washington, DC, June 23, 2009.
     Hon. Harry Reid,
     Majority Leader, U.S. Senate,
     Washington, DC.
     Hon. Mitch McConnell,
     Republican Leader, U.S. Senate,
     Washington, DC.
     Hon. Joseph Lieberman,
     Chairman, Committee on Homeland Security and Government 
         Affairs, U.S. Senate, Washington, DC.
     Hon. Susan Collins,
     Ranking Member, Committee on Homeland Security and Government 
         Affairs, U.S. Senate, Washington, DC.
       Dear Leaders Reid and McConnell, Chairman Lieberman and 
     Ranking Member Collins: The U.S. Chamber of Commerce, the 
     world's largest business federation representing more than 
     three million businesses and organizations of every size, 
     sector, and region, urges you to confirm Professor Cass 
     Sunstein as Administrator of the Office of Information and 
     Regulatory Affairs (OIRA) within the Office of Management and 
     Budget.
       Over the course of an impressive career as a legal 
     academic, Professor Sunstein has made important contributions 
     in such diverse areas as environmental law, behavioral 
     economics, and consumer safety. Through his work, he has 
     improved our understanding of the law and public policy in a 
     continuing effort to improve the ability of government to 
     beneficially impact the lives of its citizens.
       As OIRA Administrator, Professor Sunstein is almost certain 
     to apply a thoughtful approach to regulatory oversight and 
     review. His extensive writings and teachings provide a useful 
     blueprint of his pragmatic approach to regulation, including 
     his continued defense of cost-benefit analysis as a tool for 
     developing rational regulation. His approach is not 
     influenced by an ideological predisposition--to the contrary, 
     his writings show a strong commitment to a balanced review 
     that is biased neither in favor of nor against regulation.
       By all accounts, Professor Sunstein is a man of personal 
     integrity and formidable intellectual prowess, and the 
     Chamber applauds his willingness to suspend an exceptional 
     academic career in order to serve his country. The Chamber 
     urges you to expeditiously confirm Professor Sunstein as 
     Administrator of OIRA.
           Sincerely,

                                              R. Bruce Josten,

                                         Executive Vice President,
     Government Affairs.
                                  ____

                                              National Association


                                             of Manufacturers,

                                    Washington, DC, June 22, 2009.
     Hon. Joseph Lieberman,
     Chairman, Senate Committee on Homeland Security and 
         Government Affairs, Dirksen Building, Washington, DC.
     Hon. Susan Collins,
     Ranking Member, Senate Committee on Homeland Security and 
         Government Affairs, Dirksen Building, Washington, DC.
       Dear Chairman Lieberman and Ranking Member Collins: On 
     behalf of the National Association of Manufacturers (NAM) and 
     the millions of Americans our members employ, I am writing to 
     offer our support for the confirmation of Cass Sunstein to be 
     Administrator of the Office of Information & Regulatory 
     Affairs (OIRA) in the Office of Management & Budget. Thank 
     you for the swift work of your Committee to report Professor 
     Sunstein favorably to the full Senate.
       The NAM has supported nominees to OIRA under both 
     Republican and Democratic presidents. The office plays a 
     crucial role in agency prioritization, paperwork reduction, 
     and regulatory review. President Obama said that the office 
     offers a ``dispassionate and analytical `second opinion' on 
     agency actions.'' We believe that function is especially 
     crucial during the economic crisis we face and to preserve 
     high wage jobs from being lost due to unnecessary or 
     thoughtless government action.
       Cass Sunstein, in particular, is deserving of confirmation 
     because of his keen intellect, expertise in the fields of 
     administrative and environmental law, and his commitment to 
     fair and reasoned deliberation of issues that will come 
     before him. Under an Administrator Sunstein, all sides will 
     be given a fair hearing and a real opportunity to impact the 
     final analysis of an issue.
       We stand ready to assist in ensuring confirmation by the 
     full Senate of Cass Sunstein.
           Sincerely,

                                             Rosario Palmieri,

                                                   Vice President,
     Infrastructure, Legal & Regulatory Policy.
                                  ____

                                                     American Farm


                                            Bureau Federation,

                                Washington, DC, September 1, 2009.
     To All U.S. Senators
       Dear Senator: Earlier this year, the Senate received the 
     nomination of Cass Sunstein to serve as administrator of the 
     Office of Information and Regulatory Affairs (OIRA) within 
     the Office of Management and Budget. This office plays a 
     vital role in determining the final disposition of 
     regulations, in particular environmental and natural resource 
     proposals that have a direct impact on the agricultural 
     community. Accordingly, Farm Bureau has a strong interest in 
     the individual that will fill the role of administrator of 
     that office.
       Like others in the agricultural community, we were 
     concerned about reports related to Mr. Sunstein's views on 
     animal rights and the impact that could occur should such 
     views be reflected in federal regulations. We have, however, 
     had the opportunity to discuss this subject in person with 
     Mr. Sunstein. He has been candid, forthright and very open 
     about how he views his role in OIRA. He has shared his 
     perspective on the issues in question and stressed that he 
     would not use his position to undermine federal law or 
     further policies inconsistent with congressional directives.
       Based on our discussions with Mr. Sunstein, Farm Bureau has 
     no objection to his confirmation to the position of 
     administrator of OIRA and we hope the Senate can take up this 
     nomination in the near future and that all senators will vote 
     to confirm him to this post.
           Sincerely,

                                                 Bob Stallman,

                                                        President,
     American Farm Bureau Federation.
                                  ____

                                                     May 20, 2009.
     Hon. Susan Collins,
     Ranking Member, Committee on Homeland Security and 
         Governmental Affairs, U.S. Senate, Washington, DC.
       Dear Senator Collins: Thank you for your support and the 
     work of your staff throughout the confirmation process. I am 
     honored by the Committee's vote today and the opportunity to 
     serve the Nation as the Administrator of the Office of 
     Information and Regulatory Affairs.
       I understand that a question may have arisen recently about 
     my views on the regulation of farming and farm animals. I 
     have no personal plans to regulate farm animal husbandry in 
     any way. If confirmed, and if the Department of Agriculture 
     were to propose any regulations in that domain, I would work 
     with the Department to ensure that any proposed regulations 
     follow the law and fit with the priorities of the President--
     and that they take full account of the pressing needs of 
     America's farmers and ranchers and the countless consumers 
     who benefit, every day, from their remarkable efforts. The 
     focus of my academic work on animal welfare is not regulation 
     of agriculture, but existing state anticruelty laws (over 
     which OIRA has no authority). My work as Administrator, if I 
     am confirmed, would reflect the law and the President's 
     priorities.
       Thank you again for your support throughout this process.
           Sincerely,
                                                 Cass R. Sunstein.

  Mr. BUNNING. Mr. President, I rise today to speak on the nomination 
of Mr. Cass Sunstein for the Office of Management and Budget's Office 
of Information and Regulatory Affairs, OIRA. Most Americans have never 
heard of OIRA, but it has great influence on the daily lives of all 
Americans. OIRA is responsible for the execution of a wide range of 
government policies and regulations with its oversight of the executive 
branch rulemaking. In other words, the OIRA can heavily influence or 
change the intended purpose of any regulatory proposal. Therefore, it 
is important for the head of OIRA to be a rational thinker who has 
every American's best interest at heart.
  After reviewing Mr. Sunstein's opinions and past comments, it is very 
clear that his views are far outside of the mainstream. For example, 
Mr. Sunstein believes that animals should be given the same rights as 
humans. In 2004, he wrote, ``We could even grant animals a right to 
bring suit without insisting that animals are persons, or that they are 
not property.'' According to Mr. Sunstein's logic, your dog could sue 
you for putting its collar on a little too tight. Furthermore, Mr. 
Sunstein is against hunting and compares it to the `` mass 
extermination of human beings.'' Whether it is for population control 
or for food consumption, hunting plays a vital role in the lives of 
many Americans, especially in Kentucky. It is irresponsible for Mr. 
Sunstein to compare a person who kills a deer which can provide food 
for his or her family for several weeks, to the likes of Stalin. He has 
also been very hostile to second amendment rights and has publically 
stated his resistance to an individual's right to keep and bear arms.
  Any regulation that comes out of the Department of Agriculture could 
negatively impact farmers across the Nation if Mr. Sunstein is the 
person responsible for implementing that regulation. Livestock farmers 
across Kentucky could potentially be forced out of business if Cass 
Sunstein had his way. Additionally, vague rulemaking by the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives could result in Mr. Sunstein 
filling in the gaps to push his and the President's radical agenda. 
There are plenty of other qualified people whom President

[[Page S9170]]

Obama could have chosen for this very significant position. I cannot 
support this nomination, and I urge my colleagues to vote against this 
nomination.

                          ____________________