Jeff Flake - U.S. Senator ~ Arizona

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By Sen. Jeff Flake and Sen. John McCain
May 17, 2016

When it comes to outdoor recreation, Arizona is a paradise. Treasured destinations like the Grand Canyon can’t be experienced anywhere else in the world.

In the summer, the pine forests of the White Mountains offer some of the finest campsites and fishing holes in the nation, and our mild desert winters treat hikers to truly spectacular vistas.

Arizonans have never taken this for granted. Just ask the almost 1,000 residents who recently rallied in Lake Havasu City to protest a move by federal officials to restrict motorized boating near Lake Havasu.

The U.S. Fish and Wildlife Service wants to impose no-wake zones along 17 miles of the Colorado River, stretching from the north edge of Lake Havasu to Interstate 40.

As one of the most popular locations in the state for water skiing and personal watercraft, Havasu would be hit hard by these proposed restrictions.

This is just one of the many burdensome regulations that the Obama Administration has imposed on states, businesses and families across the country. Limiting boating near Lake Havasu is just the latest unilateral action by this Administration which would prevent Arizonans and visitors of our great state from fully enjoying its natural treasures.

That’s why we have called on USFWS to listen to the concerns of citizens of Lake Havasu City, and introduced a measure this week that would prevent USFWS from following through with its proposed restrictions.

Other examples of far-reaching federal mandates include those for high-ethanol fuel blends. Arizona’s sunny weather and mild winters provide ATV and motorbike enthusiasts the opportunity to ride all year. But much to the ire of off-road vehicle owners, the federal government has attempted to force the use of gasoline that contains 15% ethanol (E15). This comes despite the fact that for years, groups like the American Automobile Association have warned that E15 can seriously damage engines.

Our enjoyment and access to public lands should not be inhibited by locking away one million acres in northwestern Arizona from state-administered hunting and wildlife management.

The Arizona Game and Fish Commission and sportsmen’s organizations are fighting this effort. We have also called on the President to abandon this ill-conceived proposal on behalf of the Arizonans whose lives and livelihoods would be affected by it.

Just like scores of other federal rules that disregard real world impact, many of these government-knows-best initiatives completely discount the degree to which local communities and small businesses depend on outdoor recreation.

According to the Outdoor Industry Association, hiking, camping, off-road vehicles, and boating generate $10.6 billion in economic activity in Arizona, and support over 104,000 direct jobs. Those numbers don’t include fishing and hunting, which tack on another $2.1 billion in revenue and support more than 18,000 direct jobs for the people of our state.

Most agree that we have a responsibility to protect our lands and waterways from overuse. But we must also balance this obligation with concern for the impact it would have on citizens’ lives and livelihoods.

The recent protests in Lake Havasu show just how strenuously our small businesses and communities will work to stop federal regulations that would prevent residents and visitors from enjoying Arizona’s recreational opportunities, and significantly harm local economies.

The public comment period for citizens to express their views about USFWS’s boating restrictions has been extended to June 13. We urge all those concerned about the potential impact of these regulations to write in and make their voices heard.

John McCain and Jeff Flake represent Arizona in the United States Senate.

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By Casey Kuhn
March 21, 2016

Arizona Senator Jeff Flake is one of a few dozen lawmakers accompanying President Barack Obama on his trip to Cuba this week.

Sen. Flake said landing in Cuba on Air Force One was, for him, a memorable site.

“Watching the president and his advisers looking out the window as we landed, and the excitement of that,” Flake said. 

Flake said the trip is an historic one that brings together business and political leaders in an effort to better diplomatic relations. He also said increased trade could be one benefit to the rest of the country. But in Arizona, it’s also a matter of cultural relations.

“Our ability to deal with the rest of Latin America very much depends on our relationship with Cuba," he said. "It’s been a real sore point in our relationship with some of these countries.”

Flake said while more business opportunity is a good thing, he hopes the trip will open up more travel for anyone who wants to go to Cuba.

“Ordinary Arizonans who want to visit Cuba for humanitarian reasons, for religious reasons, for people-to-people contact," he said. "And just because American’s ought to be able to travel wherever they want, and that’s, I think, the principle that should govern here.”

He also thinks that while some may criticize creating diplomatic ties with what formerly was a Communist regime, he finds it a necessary step toward mending relations and opening trade.


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By Sen. Jeff Flake
March 19, 2016


After decades of isolation, we are seeing a measured shift in our policy toward Cuba. We have resumed diplomatic relations and expanded travel opportunities, lifted caps on financial assistance between families, eased trade restrictions, and will soon see the first presidential visit since the Coolidge administration.

These policy changes are supported by the vast majority of Cuban Americans. They are applauded by sector after sector of the U.S. business community. They are welcomed by Americans at large.

Make no mistake: conditions are improving for the Cuban people because of these changes.

There are some who do not fully appreciate the meaningfulness of this opening to Cuba. They maintain that we have somehow offered concessions to the Cuban government without benefit to the United States or to the Cuban people. Some contend that we have moved prematurely when human rights issues remain unresolved in Cuba.

To be clear, human rights abuses persist in Cuba, and we all seek a remedy. Yet another 50 years as the Cuban government’s convenient scapegoat for the failure of socialism is unlikely to yield gains in human rights in the future, any more than our policies have done in the past. For far too long, U.S. administrations, both Republican and Democrat, have insisted that U.S. measures, like ending the travel ban or easing the trade embargo, must be met by moves by the Cuban government. I understand this instinct, but I would submit that ending the travel ban and easing the trade embargo, even when done unilaterally, lead to better human rights conditions in Cuba.

Recent economic and travel reforms are taking full advantage of the opportunities presented by the failures of socialism in Cuba. Recognizing its precarious economic position in recent years, the cash-strapped Castro regime has laid off thousands of government workers and has expanded legal opportunities in the private sector. This has given way to a dramatic rise in the number of entrepreneurs running restaurants, bed and breakfasts, taxi services, barbershops, beauty salons and much more. In fact, it is estimated that as many as a third of Cuba’s 5 million workers are now operating in Cuba’s private sector.

This exponential expansion of Cuba’s entrepreneurial class would not have happened were it not for U.S. policy changes in 2009 that have led to an explosion of travel and remittances among Cuban Americans. Some suggest that remittances to the island are responsible for 70 to 80 percent of the capital used in small businesses in Cuba.

Economist Milton Friedman wrote that economic freedom is “an indispensable means toward the achievement of political freedom.” Far from being concessions, changes in our policy toward Cuba are reinforcing and advancing opportunities for Cubans in the private sector. Citizens who are totally dependent on government for their livelihood are subject to the whims of all-powerful leaders in a way that those who are economically independent are not.

In a very real sense in Cuba, the economic agenda is the human rights agenda. And this is just the beginning.

Expanded business interest and frequent and regular travel between the two countries will continue to open economic ties and it will lead to private sector economic opportunities on the island. The recent expansion of people-to-people exchanges, coupled with the recently completed bilateral air service agreement, represents a key piece to ensuring the continued travel of Americans to the island. This agreement will, for the first time in 50 years, provide scheduled air service between the U.S. and Cuba.

I should note that the administration has done just about all that its authority permits to effect change on the island. In the coming months, it will be up to Congress to take the next steps. I hope that we, particularly those of us on this side of the aisle who believe so strongly in the value of free markets and free enterprise, will remember these principles as we promote democracy and human rights in Cuba in a way that we actually believe will achieve results.

Margaret Thatcher famously said, “There can be no liberty unless there is economic liberty.” This statement is as true in Cuba as it is anywhere in the world. It is my hope that this principle will guide our actions as we endeavor to promote freedom and liberty in Cuba.


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By Sens. Chris Coons and Jeff Flake
Dec. 16, 2016

(CNN)When Cecil the lion was killed in July outside Zimbabwe's Hwange National Park, the international community reacted with grief and outrage. But while it didn't receive the same level of coverage, that very same week, five elephants were poached in Kenya's Tsavo West National Park for their ivory tusks. These elephants represent just a fraction of the hundreds of thousands of iconic wildlife slaughtered every year to fuel the illegal trade in wildlife products.

Today, wildlife poaching and trafficking is a multibillion-dollar industry. But it's one that not only threatens to extinguish iconic wildlife in Africa and Asia, it also fuels dangerous criminal syndicates that threaten global security.

We traveled to Kenya together this past summer, and we visited the David Sheldrick Wildlife Trust near Nairobi, a deeply inspiring sanctuary for many elephants who have been rescued because poachers had killed their parents for ivory. Though the trust has been rescuing and rehabilitating elephants and rhinos orphaned by wildlife trafficking for nearly 40 years, the scale of poaching and trafficking has grown at an alarming rate over the last decade.

Today, it's a global crisis. In 2014 alone, more than 1,000 rhinoceroses were illegally killed in South Africa, a 9,000% increase since 2007. Since 2005, two subspecies of African rhino and one subspecies of Asian rhino have disappeared, and several others have reached critically low population levels. The simple reality is that we will see populations of rhinos, elephants and other iconic wildlife species face dramatic declines, and possibly even extinction, if unsustainable poaching continues unchecked.

Now, as the world becomes more interconnected, with ever more avenues for sharing information, goods and ideas, transnational criminal networks have taken full advantage. They have found new ways to move illegal products across borders, stay one step ahead of law enforcement -- which often lacks the resources and legal footing to track them -- and make billions of dollars while they're at it.

Perhaps a surprising, though critical, example of this involves wildlife trafficking, which has turned into a highly profitable and relatively low-risk business for criminal groups and possibly some terrorist organizations. In fact, as demand for wildlife products has exploded throughout Asia, rhino horn now trades at prices higher than gold or heroin, and elephant tusks are sold on the black market for many more times than the amount paid to the original poacher. These profits help fund criminal networks that, in turn, fuel corruption and insecurity that threaten the stability of individual communities and entire nations.

There is no simple solution to a problem of this scope and complexity, one that is not just a question of conservation, but also a national security concern. As members of the Senate Foreign Relations Committee, that's why we last week introduced the END Wildlife Trafficking Actto tackle this issue from all sides.

Our bill establishes a federal response to the wildlife poaching and trafficking crisis and breaks down silos between our government's security and conservation efforts by requiring a cooperative interagency approach. It provides country-specific and regional initiatives, taking into account the different circumstances and threats an affected country faces, and the capacity of a country's government to respond to these threats.

Working with the governments of affected countries, the task force will prepare a strategic plan for each country, including recommendations to combat poaching or trafficking, and then coordinate an appropriate federal response. Our bill authorizes the federal government to provide assistance to affected countries based on the task force recommendations. It strengthens law enforcement capacity by allowing the training of law enforcement and wildlife rangers, supporting professional investigatory capacity, enhancing border inspections and controls, and providing tools to better track illegal wildlife routes.

Strategies to encourage community-based ‎conservation should also be employed based on the needs of affected communities. Our bill will further facilitate on-the-ground conservation efforts that emphasize creative solutions for economic development in communities threatened by poaching. By supporting programs that can provide economic benefits to local communities through tourism, agricultural development, and other means, these communities have greater interest and financial ability to protect their wildlife.

Ultimately, though, wildlife trafficking cannot be stopped without addressing the core of the problem: the high demand for ivory that makes selling illegal wildlife products so lucrative. This bill therefore supports critical efforts to reduce demand through the use of bilateral agreements with high-demand countries to reduce the appeal of illegal wildlife products like ivory and rhino horn.

During our visit to Kenya, we saw the devastating impact of wildlife trafficking on some of the most iconic animals in some of the most beautiful places on Earth. But the impact doesn't stop there. The growth of this illegal industry threatens the stability of vulnerable ecosystems and local communities, the health of their economies, and security at home and around the world.

We cannot afford to stand by. We can and must work together and use every tool at our disposal to curb wildlife poaching and trafficking.



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By Sen. Jeff Flake
June 11, 2015


Back in 1986, as Congress engaged in a last-minute scramble to fund the government, a Republican congressman from Pennsylvania slipped an earmark into a massive funding bill, turning a small exhibit of steam-powered trains — known as Steamtown USA — into a national park. Three decades, nearly $100 million, and one congressional earmark ban later, that project continues to cost taxpayers millions of dollars annually.

The “Bridge to Nowhere,” the North Carolina teapot museum, the indoor rainforest in Iowa, and yes, Steamtown USA, were among the many egregious earmarks that led fed-up taxpayers to press for a ban on such spending. Like triceratops and velociraptors, earmarks were declared extinct, fossilized relics of a bygone era.

But what taxpayers and many in Congress don’t realize is that, despite a successful ban on new earmarks, we are still paying millions of dollars for the old ones. Through unexpended funds, carve-outs in the tax code, and grant awards, spending on past earmark projects and their recipients still roams the federal budget landscape.

Today I am releasing a report, Jurassic Pork, which will highlight the fossilized pork projects still embedded or buried in the federal budget. It should serve as a reminder of the past scandals that brought about the extinction of earmarks, and as a warning that the cost of earmarking often long outlives the practice itself.

Jurassic Pork digs into just two-dozen of the many earmarked projects and recipients of congressional bounty that continue to cost taxpayers. Take for example the aptly named VelociRFTA, a bus rapid transit system in Colorado covering the 40 miles between Aspen and Glenwood that began as an $810,000 earmark. Since the earmark ban took effect in 2010, thanks to continued federal funding, this vestige has cost taxpayers $36 million.

Also highlighted is the American Ballet Theatre, which supplemented a flow of federal grant money with more than $800,000 earmarked from a member of Congress who also happened to perform in one of the group’s recent productions.

And then there are the 6,000 unspent highway earmarks representing $5.9 billion that sit idle in a Department of Transportation account. These include pork projects like the $600,000 Upper Delaware Scenic Byway Visitor Center in Cochecton, N.Y. Unfortunately for taxpayers, the visitor center ended up being built in Narrowsburg. Because the location was specified as Cochecton, the money will likely continue to sit on the federal government’s ledger.

Within these unspent transportation earmarks, there is a smaller group — often referred to as “orphan earmarks” — that have had less than 10 percent of their funding spent after 10 years. According to the Congressional Research Service, 70 earmarks worth more than $120 million remain on the books. In August 2015, more than 1,200 earmarks from the last major highway bill will officially hit “orphan” status, representing $2 billion in yet-to-be spent funds.

With a near-bankrupt Highway Trust Fund, Congress should find a way permanently park this unspent pork. To that end, I’ve also introduced the Jurassic Pork Act, which would rescind funding for orphan earmarks, and return that money back to the Highway Trust Fund.

Like John Hammond, the billionaire CEO of the failed theme park in the first Jurassic Park film, not everyone in Congress is content to leave these relics in the past. Not a year after the earmark ban was implemented in the Senate, then-Majority Leader Harry Reid (D-NV) proclaimed, “I’ve done earmarks all my career, and I’m happy I’ve done earmarks all my career.” Others from both sides of the aisle have argued that a return to earmarking would help lard up, or “incentivize,” votes.

But tax dollars don’t exist for political horse trading, nor as a reward for powerful members to dole out as tribute. Taxpayers should remain vigilant against these types of pleas for parochial spending and a return to pork as we knew it.

The moratorium on earmarks put an end to such shenanigans. But as readers of Jurassic Pork will see, the spending on their legacy continues. Taxpayers have already seen the ending of this movie. We don’t need to be treated to a sequel.


Click here to view the original op-ed. 

By Sen. Jeff Flake
Dec. 23, 2014

Since the U.S. first implemented a policy of isolation against Cuba over 50 years ago, it’s been enforced and defended by Republican and Democratic presidents alike. It’s not an issue that breaks neatly along party lines. In fact, when President Obama announced plans last week to ease trade and travel restrictions with Cuba, Senator Robert Menendez (D-NJ), usually a fervent supporter of the president, was among the harshest critics of the move. Senator Rand Paul (R-KY), hardly a fan of this administration, said he agreed with the policy change.

I too don’t find myself agreeing with President Obama often, particularly on foreign policy, but he was right to begin the process of normalizing relations with Cuba. For conservatives, there is much to recommend about this new way to address Cuba.

First and foremost, for over 50 years the policy of isolating Cuba has failed to achieve any democratic reforms. It has, however, succeeded in giving the Castros a convenient excuse for the failures of socialism. While there may have been a compelling case for the embargo during the height of the Cold War, those arguments clearly no longer apply.

Easing trade and travel should not be viewed as a concession or reward to the Castro regime. I believe that it’s actually a true “get tough” policy. It’s been no accident that in the past a warming in U.S. posture has been met with Cuban provocation. The Castros know that while increased contact with the U.S. may have a positive impact on their economy, it comes at a cost. The island’s fledgling private sector strengthened by these changes will pose a greater challenge to any future tightening the regime may seek to pursue. Far from rewarding the Cuban government, we are saddling them with entrepreneurs who will soon wield real economic power.

And when I joke that a “get tough” policy with the Castros would be forcing them deal with Spring Break, I’m only half joking. Sure, some Americans will simply travel to Cuba for sunshine and mojitos, but many will have more lasting intentions – and they will bring with them flash drives, cell phones, books, and other items that we may take for granted but the Castros know will erode the control that they currently maintain over the island.

This is, fundamentally, an issue of freedom. U.S. trade and travel restrictions with Cuba aren’t restrictions on Cubans — they are restrictions on Americans. I’ve long said if a government is going to tell its citizens where they can and can’t travel, it ought to be a communist country, not the greatest country in the world.

There’s an added benefit for conservatives when we allow Americans to travel freely. We have a veritable museum of the failures of socialism just 90 miles from our shores. Every American ought to see what happens when government controls not just the commanding heights of the economy, but all aspects of society. It isn’t pretty, and it makes on better appreciate the freedoms we often take for granted.

U.S. foreign policy ought to embody American ideals – freedom, democracy, and free enterprise. By isolating Cuba we’ve ignored the power of those ideals. After 50 years, it’s time for a change.


Click here to view the original op-ed. 

By Sen. Jeff Flake
April 8, 2014

Few qualities are more American than a zeal for fair play. That’s why, when reports emerged last spring that the Internal Revenue Service was targeting conservative groups applying for a certain tax-exempt status, fair-minded folks of all political stripes expressed outrage.

Far from being a fringe conspiracy theory, the discovery of government-sanctioned bias against conservative organizations requesting 501(c)(4) status was reported by none other than the IRS’ own inspector general.

Since that discovery, several IRS employees — including the acting commissioner — have resigned, and the House of Representatives, the Senate and the Department of Justice are each conducting investigations.

But despite the scorching questioning of IRS leaders and well-founded condemnation from all corners, the agency still has not learned its lesson on impartiality. What the IRS can’t do with permission it seems determined to do by fiat.

On Nov. 29, 2013, the agency published a proposed rule that would further trample on the free-speech rights of 501(c)(4) organizations and restrict their activities. The rule singles out the same conservative groups previously targeted by the IRS and threatens to limit their participation in a host of advocacy and educational activities, even nonpartisan voter-registration and education drives.

These activities have a clear role in promoting civic engagement and social welfare — the exact purpose of the 501(c)(4) designation. The IRS’ proposed rule would force groups such as the National Taxpayers Union and the American Civil Liberties Union to quit such activities or risk losing their tax-exempt status.

Proponents of the rule claim it is necessary to clear up “confusion” about tax exemption and to bring greater transparency to political spending. This is little more than a convenient cover to quiet conservative critics while leaving others free to engage in political discourse. The administration should pay attention to the liberal groups denouncing this proposed rule and its detrimental impact.

The ACLU slammed the rule as producing “the same structural issues at the IRS that led to the use of inappropriate criteria in the selection of various charitable and social welfare groups for undue scrutiny.” The Alliance for Justice Action Campaign and even the Sierra Club have been equally critical.

In three months, more than 140,000 comments were submitted, the most for any rule-making.

To halt this latest attempt to quash free speech, I introduced the Stop Targeting of Political Beliefs by the IRS Act, which would prohibit for one year the finalization of this proposed rule.

It would also prevent additional targeting of 501(c)(4) groups by restoring the IRS standards and definitions that were in place before the agency began going after conservative organizations.

The House of Representatives recently passed an identical bill, and the Senate legislation already has 40 co-sponsors. It deserves the support of the full Senate.

However, Democrats have refused to allow the bill to come to the floor for debate and a vote. And President Obama has issued a veto threat against it.

That threat is a clearly disproportionate response to legislation aimed at protecting free-speech rights of conservatives and liberals alike. It also demonstrates how badly the Obama administration wants to sweep this problem under the rug while silencing any remaining critics.

My bill is simple and fair: It merely suspends new IRS rule-making regarding 501(c)(4) groups until the ongoing investigations are completed. When a powerful government agency has a problem with bias and abuse, that’s exactly what Congress should be doing — and the least the public should expect — until this issue is resolved.


Click here to view the original op-ed. 

By Sen. Jeff Flake
March 18, 2014


Nowhere else in the country are people more keenly aware of the value of water than here in the desert Southwest. It's the lifeblood of our communities.

Yet growing demands on shared water supplies have generated intense interest and regional tensions. Throughout our country and around the world, water continues to be one of the most important issues of our time.

That is why I am pleased to announce that on Saturday, World Water Day, I am launching a yearlong conversation on domestic and international water issues. This project will focus on bringing attention to water-security challenges with an eye toward identifying effective policies that could inform water-management decisions.

I look forward to tapping the reservoir of expertise we have in Arizona at the Department of Water Resources, the University of Arizona's Water Resource Research Center, and Arizona State University's Morrison Institute, among others.

For more than a century, Arizona has been on the cutting edge of water management, and our breadth of experience will ensure we can successfully tackle the water challenges ahead. Arizona as we know it today is due in large part to the historic vision that led to the development of the Salt River Project, construction of Roosevelt Dam and creation of the Central Arizona Project. We continued with the passage of prudent conservation policies such as the Groundwater Management Code.

Because we are home to 22 federally recognized American Indian tribes, we have also had the opportunity to work on mutually beneficial water settlements. Our location along the border has enabled us to be a part of water treaty negotiations with Mexico. This diverse set of water challenges, and Arizona's know-how in addressing them, will serve as a valuable resource for the rest of the United States and the world.

With recent events in California and continued attention on global water scarcity in Africa and elsewhere, it is clear the time for a conversation about water policy is now. Hundreds of millions of people at home and abroad face issues with access to safe drinking water, sanitation and hygiene.

Thankfully, leaders like Gov. Jan Brewer and former Sen. Jon Kyl, along with others in the water community, have helped pave the way to address these problems in Arizona. With the release of Arizona's Strategic Water Vision in January and Kyl's work with the Morrison Institute to refine that discussion, the state is proactively looking at ways to plan our future.

My hope is to build on those efforts, and better understand how our local solutions might inform federal policy.

I am pleased to say our experience has shown the best solutions to these problems are driven by water managers at the local level. We are fortunate in Arizona to have some of the best leaders and best water-management practices in the world.

The domestic and international challenges related to this issue are real; now is the time to understand them and advance better water policies. I look forward to getting started.


Click here to view the original op-ed. 

By Rep. Marsha Blackburn and Sen. Jeff Flake
Sept. 24, 2013


As we approach the Oct. 1 deadline when "Obamacare" begins to go into effect, it becomes more and more evident that the president's health-care law is not ready for prime time.

Through our congressional oversight and the feedback we get from businesses and families around the country on a daily basis, we have seen just how frustrated people are with the impact Obamacare is having on their lives.

It has become very clear that this law is unworkable. A CNN poll last week shows support for the president's health-care law waning, with only 39 percent of Americans now in favor of Obamacare, down from 51 percent in January.

With the Obama administration's decisions to delay several parts of the health-care law, including the employer mandate, it is clear that even the White House now recognizes what the rest of America already knows: Obamacare is a train wreck.

Businesses small and large across our states have shared stories about the burdens Obamacare is placing on them. Couple that with the most recent jobs numbers from the Bureau of Labor Statistics, and it is difficult not to conclude that Obamacare is having a dampening effect on the country's economy.

That is why we have introduced legislation that would delay all Obamacare provisions and taxes for one year. H.R. 2809 and S. 1490 seek to postpone all provisions of the Affordable Care Act taking effect on Jan. 1, 2014 or later by one year from the date of enactment.

Delaying Obamacare is a necessary step in our efforts to get this law off the books and replace it with real health-care solutions that work for American families and businesses. It builds on efforts already taken by the House and Senate to delay both the individual and employer mandates. In fairness to American taxpayers, the best thing we can do right now is to implement a one-year delay so we can continue to chip away at this disastrous law.

Postponing Obamacare gives us the best chance to defund it. If we delay the law, the administration will be unable to collect new taxes, provide subsidies or expand Medicaid -- all things that put taxpayers further on the hook.

As Republicans continue to work to implement real health-care solutions for Americans, our legislation is the right step to take. In fairness to taxpayers, our best option today is to delay Obamacare's implementation for one year and continue to work to enact policies that put patients and doctors in charge of health care and do not require trillions of dollars of taxpayer money.


Click here to view the original op-ed. 

By Sen. Jeff Flake
Aug. 13, 2013


When I was a graduate student and Senate intern in the late 1980s, my master’s thesis proved to be a rather shallow attempt to explain Robert Mugabe’s hold on the Zimbabwean electorate nearly a decade removed from independence. Twenty-five years later, that hold on the electorate has long since been exposed as brute force and chicanery. What is left to explain is Mugabe’s mystifying hold on the rest of Africa.
 
Western media and election observers were notably – and forcibly – absent during Zimbabwe’s July 31 contest, but there was a robust presence by Southern African Development Community (SADC) and African Union (AU) election observers. Nevertheless, despite clear, abundant and still-mounting evidence of a deeply flawed election process, SADC and the AU seem eager to give Mugabe and his ZANU-PF party a pass. While final reports have yet to be issued, SADC’s has already declared the Zimbabwe election “free and peaceful,” and the AU has affirmed it as “credible.”
 
Note the absence of the word “fair.” But why quibble? “The whole of Africa is sending us messages of congratulations to say ‘well done,’ ” was Mugabe’s interpretation. And who can blame him. 
 
That Zimbabwe would have another deeply flawed election is not news to anyone who has followed Mugabe’s ham-handed rule over the past 33 years. But to those who are hoping that Africa is indeed turning the corner in terms of politics and governance, such a response in the wake of the election is deeply concerning.
 
There is much to commend in the founding charters and principles of both SADC and the AU. Cooperation and coordination through these institutions has strengthened individual economies and provided a useful tool to address cross-border and regional security and governance issues. The potential for future collaboration is even greater.
 
Which is why it is so puzzling that SADC and the AU would so willingly jettison their own principles when it comes to elections in Zimbabwe. Again, this is not an example of the West holding nascent democracies to unreasonably high electoral standards. It is simply a matter of asking SADC and the AU to abide by their own standards and live up to their own charters.
 
SADC’s “Principles and Guidelines Governing Democratic Elections” provide for its observer role during member state elections, to ensure “full participation of the citizens in the political process” by certifying, among other things, “the existence of [an] updated and accessible voters roll.” Such rolls were neither updated nor accessible during the Zimbabwe elections.
 
Likewise, the AU’s “Guidelines for Electoral Observations” call for “competent accountable electoral institutions” to “take all necessary measures” to ensure such essentials as “equal access to public media” by competing parties. There was not even a pretense of equal access to state media during Zimbabwe’s election season.
 
In the founding document of the “New Partnership for Africa’s Development,” African heads of state hailed the emergence of democratic regimes and committed African leaders to take responsibility for “promoting human rights … by developing clear standards of accountability, transparency and participatory governance.” In the context of observing the Zimbabwe elections, only Botswana has been willing to take such responsibility. Botswana decried Zimbabwe’s elections as “not free and fair” and warned that SADC "should not create the undesirable precedent of permitting exceptions to its own rules." 
 
Unfortunately, Zimbabwe’s course seems set for the near future. By the time official reports on the election are issued, ZANU-PF will have formed a new government. The Zimbabwean courts are unlikely to intervene, and Mugabe will go on making empty speeches about liberation while Zimbabwe, unable to feed itself and having lost its own currency, erodes its independence by the day.
 
The final reports issued by SADC and the AU won’t tell us anything we don’t already know about Zimbabwe, but they will say a great deal about the direction that southern Africa as a region, and Africa as a whole, is headed. 

Will African leaders be true to their own undertakings and stand for the principles they have espoused, or will they bow to the knee of a desperate old man determined to keep himself in power no matter the cost to the citizens he claims to represent?
 
Sen. Flake spent time in Zimbabwe in the early 1980s. He serves as the ranking Republican on the Africa Subcommittee.



Click here to view the original op-ed.