U.S. GOVERNMENT PRINTING OFFICE

65–872 CC WASHINGTON : 2000

MARKUP OF H. CON. RES. 232, EXPRESSING

THE SENSE OF CONGRESS CONCERNING THE

SAFETY AND WELL-BEING OF UNITED STATES

CITIZENS INJURED WHILE TRAVELLING IN MEXICO

MARKUP

BEFORE THE

SUBCOMMITTEE ON

THE WESTERN HEMISPHERE

OF THE

COMMITTEE ON

INTERNATIONAL RELATIONS

HOUSE OF REPRESENTATIVES

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

WEDNESDAY, JUNE 14, 2000

Serial No. 106–128

Printed for the use of the Committee on International Relations

(

Available via the World Wide Web: http://www.house.gov/international relations

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COMMITTEE ON INTERNATIONAL RELATIONS

BENJAMIN A. GILMAN, New York, Chairman

WILLIAM F. GOODLING, Pennsylvania

JAMES A. LEACH, Iowa

HENRY J. HYDE, Illinois

DOUG BEREUTER, Nebraska

CHRISTOPHER H. SMITH, New Jersey

DAN BURTON, Indiana

ELTON GALLEGLY, California

ILEANA ROS-LEHTINEN, Florida

CASS BALLENGER, North Carolina

DANA ROHRABACHER, California

DONALD A. MANZULLO, Illinois

EDWARD R. ROYCE, California

PETER T. KING, New York

STEVE CHABOT, Ohio

MARSHALL ‘‘MARK’’ SANFORD, South

Carolina

MATT SALMON, Arizona

AMO HOUGHTON, New York

TOM CAMPBELL, California

JOHN M. MCHUGH, New York

KEVIN BRADY, Texas

RICHARD BURR, North Carolina

PAUL E. GILLMOR, Ohio

GEORGE P. RADANOVICH, California

JOHN COOKSEY, Louisiana

THOMAS G. TANCREDO, Colorado

SAM GEJDENSON, Connecticut

TOM LANTOS, California

HOWARD L. BERMAN, California

GARY L. ACKERMAN, New York

ENI F.H. FALEOMAVAEGA, American

Samoa

MATTHEW G. MARTINEZ, California

DONALD M. PAYNE, New Jersey

ROBERT MENENDEZ, New Jersey

SHERROD BROWN, Ohio

CYNTHIA A. MCKINNEY, Georgia

ALCEE L. HASTINGS, Florida

PAT DANNER, Missouri

EARL F. HILLIARD, Alabama

BRAD SHERMAN, California

ROBERT WEXLER, Florida

STEVEN R. ROTHMAN, New Jersey

JIM DAVIS, Florida

EARL POMEROY, North Dakota

WILLIAM D. DELAHUNT, Massachusetts

GREGORY W. MEEKS, New York

BARBARA LEE, California

JOSEPH CROWLEY, New York

JOSEPH M. HOEFFEL, Pennsylvania

RICHARD J. GARON, Chief of Staff

KATHLEEN BERTELSEN MOAZED, Democratic Chief of Staff

SUBCOMMITTEE ON THE WESTERN HEMISPHERE

ELTON GALLEGLY, California, Chairman

DAN BURTON, Indiana

CASS BALLENGER, North Carolina

CHRISTOPHER H. SMITH, New Jersey

ILEANA ROS-LEHTINEN, Florida

MARSHALL ‘‘MARK’’ SANFORD, South

Carolina

KEVIN BRADY, Texas

PAUL E. GILLMOR, Ohio

GARY L. ACKERMAN, New York

MATTHEW G. MARTINEZ, California

ROBERT MENENDEZ, New Jersey

ROBERT WEXLER, Florida

STEVEN R. ROTHMAN, New Jersey

JIM DAVIS, Florida

EARL POMEROY, North Dakota

VINCE MORELLI, Subcommittee Staff Director

DAVID ADAMS, Democratic Professional Staff Member

KELLY MCDONALD, Staff Associate

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C O N T E N T S

Page

APPENDIX

H. Con. Res. 232 ...................................................................................................... 6

Amendment to H. Con. Res. 232 Offered by Mr. Gallegly ................................... 8

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MARKUP OF H. CON. RES. 232, EXPRESSING

THE SENSE OF CONGRESS CONCERNING

THE SAFETY AND WELL-BEING OF UNITED

STATES CITIZENS INJURED WHILE TRAVELLING IN MEXICO

Wednesday, June 14, 2000

HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON WESTERN HEMISPHERE, COMMITTEE ON INTERNATIONAL RELATIONS, Washington, D.C.

The Subcommittee met, pursuant to notice, at 2 p.m. In Room

2172, Rayburn House Office Building, Hon. Elton Gallegly (Chairman of the Subcommittee) presiding.

Mr. GALLEGLY. Call to order the Subcommittee on the Western

Hemisphere.

The first order of business for the Subcommittee will be the consideration of legislation introduced by our colleague from California, Congressman Duncan Hunter. Will the clerk please report

the bill?

The CLERK. House Concurrent Resolution 232——

Mr. GALLEGLY. I ask unanimous consent that the bill be considered as read and open for amendment at any point.

[The information referred to appears in the appendix.]

Mr. GALLEGLY. House Concurrent Resolution 232 is the result of

several unfortunate incidents involving a conflict between Mexican

law enforcement and sound medical treatment provided to U.S. as

well as other foreign citizens while traveling in Mexico.

Last August, California resident Donald Craft, his wife and his

three children were vacationing in Baja, Mexico, when they were

involved in a serious automobile accident. Mr. Craft broke his neck

and was in critical condition when he was taken to a local Mexican

hospital where doctors advised his family that he be immediately

sent to a trauma center in San Diego for more intensive medical

care.

There was, however, one problem. Under Mexican law, foreigners

involved in traffic accidents that are being investigated for possible

criminal action cannot leave Mexico until they post a bond. Mrs. Craft was required to pay $7,000 before her critically injured husband would be allowed to leave the country. After what

must have been an excruciating 18 hours, the money was provided;

and Mr. Craft was finally sent back to the United States.

Regrettably, on September 6th, Mr. Craft died of complications

associated with that accident.

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Ironically, this tragedy has been repeated on several occasions

since Mr. Craft’s death, including a case involving a constituent of

our colleague from Miami, Ms. Ros-Lehtinen.

Now, we understand that Mexico has its own laws and procedures which should be known and respected. However, in these

kinds of cases, flexibility ought to be the order.

Since the Craft incident, I am told that the U.S. and Mexican

governments have begun a dialogue on how to address this issue.

H. Con. Res. 232 is designed to support those efforts to seek a reasonable solution to a situation which places the health and wellbeing of Americans and other foreign visitors to Mexico in question.

The State Department has been consulted on the legislation and

has no objection. I urge my colleagues to pass the legislation.

Are there other Members present who wish to make a ststement?

The gentlelady from Miami, Ms. Ros-Lehtinen.

Ms. ROS-LEHTINEN. Thank you so much, Mr. Chairman.

Every year, thousands of people leave the Port of Miami on

cruise ships that take them to foreign lands. Yet many tourists

never consider what they would do if they found themselves in an

emergency situation abroad. What was supposed to be a peaceful

vacation cruise to Mexico for a couple in my congressional district

turned out to be a nightmare that continues to haunt Michael and

Lorraine Andrews still today.

Fifteen minutes before their ship departed from one of the ports,

Michael and Lorraine’s car went off the road, causing a tragic accident that would change their lives forever. With no passport, no

money and no real means of identification, Lorraine Andrews became frustrated in trying to deal with Mexican authorities to get

the medical assistance for her husband, who had lost sensation

below his neck.

After an hour and a half, an air bus arrived; and while Lorraine

and Michael thought everyone was on track to get them out safely,

Mexican authorities refused to let go of the stretcher that Michael

was on. It became evident that an exchange had to occur. Michael’s

stretcher was only released after the plane’s co-pilot dropped American dollars on the tarmac, forcing Mexican authorities to scurry

for them.

Today, Michael is a complete quadriplegic; and although he and

his wife are facing serious financial problems as a result of this

tragedy, they are working to make a difference so that others do

not experience similar difficulties.

Like the Andrews family, many American tourists who travel

abroad are forced to bribe foreign authorities for assistance even

when in dire need of medical help. For some who are in need of

medical attention when it was most needed, vacations have turned

out to be fatal.

Mr. Chairman, with the close relationship shared by Mexico and

the United States, our citizens should not have to fear Mexican authorities and law enforcers who are trained to protect and save

lives when vacationing in Mexico. House Concurrent Resolution

232 expressing the concern of Congress concerning the safety and

well-being of United States citizens injured while traveling in Mexico is a step in the right direction to secure safety for our citizens

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and to raise awareness on ways in which they can better protect

themselves.

The safety of our citizens must come first, and our President

must immediately begin negotiations with the government of Mexico to establish a humanitarian exemption to Mexican bond requirements. No American life should be endangered because Mexican law requires that an investigation of an accident must first be

conducted. No American should be denied the right to travel when

necessary for emergency medical assistance because a release bond

must be paid up front. Humanitarian consideration should be allowed to supercede any regulatory bond that may delay an American’s departure to proper medical care so that emergencies like

that of Michael and Lorraine Andrews will be prevented in the future.

Mr. Chairman, I strongly support this concurrent resolution and

ask that my colleagues look favorably on it and vote for its passage.

Thank you, Mr. Chairman.

Mr. GALLEGLY. I thank the gentlelady from Florida.

Are there any other statements?

If not, the Chair has an amendment to offer. Would the clerk

please report?

The CLERK. An amendment offered by Chairman Gallegly——

Mr. GALLEGLY. I ask by unanimous consent the amendment be

considered as read.

[The information referred to appears in the appendix.]

Mr. GALLEGLY. The amendment which I offer simply amends the

resolve clause to reflect the fact that negotiations between the

United States and Mexico have actually begun and should be continued until acceptable resolution of this problem can be achieved.

If there is no further discussion, the question is on the amendment offered by the Chair. All those in favor, say aye. All opposed,

say no.

The ayes have it, and the amendment is agreed to.

The clerk will report the bill as amended.

The CLERK. House Concurrent Resolution 232——

Mr. GALLEGLY. The question is on passage of the bill as amended. All those in favor, say aye. Opposed.

The ayes have it, and the bill as amended is passed and referred

to the Full Committee for consideration.

That closes the markup portion.

[Whereupon, at 2:14 p.m., the Subcommittee proceeded to other

business.]

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A P P E N D I X

JUNE 14, 2000

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