The tide of war does not recede just because we wish it to. - John McCain

Mr. President, I was pleased to vote today in support of S.J. Res. 22, which would nullify the Environmental Protection Agency's recently finalized clean water rule. Just yesterday, I voted in support of a bipartisan bill, S. 1140, authored by my colleague, Senator John Barrasso, which would have forced EPA to pull the rule. Unfortunately, that bill did not receive the 60 votes necessary under Senate rules that are needed to pass. The resolution passed by the Senate today is supported by hundreds of national and local organizations, including the American Farm Bureau Federation, the U.S. Chamber of Commerce, and the National Homebuilders Association, to name a few. While I understand that the White House has threatened to veto this resolution if it reaches the President's desk, it is still important that a majority of Congress voice their opposition to the EPA rule as Federal courts continue to weigh its legality. Americans around the Nation are lining up against the EPA clean water rule because of its economic cost, the regulatory impact, and the uncertainty it engenders among State and local governments, businesses, and consumer alike. The rule itself bypassed Congress by redefining the types of water bodies under the Clean Water Act that EPA has the authority to regulate. EPA pushed forward without regard for State and local environmental protection laws, which is partly why about a dozen State attorneys general, including from my home State of Arizona, have won injunctions in Federal court against the EPA rule.

In short, the NSC staff is becoming increasingly involved in operational issues that should be the purview of Senate-confirmed individuals in the chain of command, and doing so beyond the reach of congressional oversight. If this organization were to return to the intent of the legislation that established it, it could reasonably claim that its strategic functions on behalf of the President are protected by Executive privilege. If, on the other hand, the NSC staff is to play the kind of operational role it has in recent years--and I could give my colleagues example after example--if it is going to play the kind of operational role it has in recent years, then such a body cannot escape congressional oversight. The purpose of the provision in the NDAA to cap the size of the NSC staff is to state a preference for the Congress's original intent in creating the NSC.

I'm a Reagan Republican, a proponent of lower taxes, less government, free markets, free trade, defense readiness, and democratic internationalism.