[Congressional Record Volume 146, Number 97 (Monday, July 24, 2000)]
[House]
[Pages H6722-H6724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1415
EXPRESSING SENSE OF CONGRESS CONCERNING SAFETY AND WELL-BEING OF UNITED
STATES CITIZENS WHILE TRAVELING IN MEXICO
Mr. BEREUTER. Madam Speaker, I move to suspend the rules and agree to
the concurrent resolution (H. Con. Res. 232) expressing the sense of
Congress concerning the safety and well-being of United States citizens
injured while traveling in Mexico, as amended.
The Clerk read as follows:
H. Con. Res. 232
Whereas hundreds of United States citizens travel by
automobile to Mexico every day;
Whereas United States automobile insurance in not valid in
Mexico and travellers may purchase additional insurance to
cover potential liability or injury while in Mexico;
Whereas in cases where additional insurance is not
purchased and a United States citizen is involved in an
automobile accident, the American will be subject to a bond
requirement before being permitted to return to the United
States; and
Whereas in a recent incident, a United States citizen
injured in an automobile accident in Mexico was not
transferred to a United States hospital for 18 hours, even
after medical personnel in Mexico recommended his immediate
transfer to the United States for emergency treatment, until
the family posted the bond set by Mexican authorities: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of Congress that, in order
to protect the safety and well-being of United States
citizens travelling in Mexico, the President should continue
to negotiate with the Government of Mexico to establish
procedures, including a humanitarian exemption to Mexican
bond requirements, to ensure the expedited return of United
States citizens injured in Mexico to the United States for
medical treatment, if necessary.
The SPEAKER pro tempore (Mrs. Biggert). Pursuant to the rule, the
gentleman from Nebraska (Mr. Bereuter) and the gentleman from
California (Mr. Sherman) each will control 20 minutes.
The Chair recognizes the gentleman from Nebraska (Mr. Bereuter).
General Leave
Mr. BEREUTER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H. Con. Res. 232.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nebraska?
There was no objection.
Mr. BEREUTER. Madam Speaker, I yield myself such time as I may
consume.
[[Page H6723]]
(Mr. BEREUTER asked and was given permission to revise and extend his
remarks.)
Mr. BEREUTER. Madam Speaker, as the Vice-Chairman of the Committee on
International Relations, this Member rises in strong support of House
Concurrent Resolution 232. This resolution, which expresses the sense
of Congress regarding the safety and well-being of United States
citizens who are traveling in Mexico, was introduced by our colleague,
the distinguished gentleman from California (Mr. Hunter). It is the
result of a particularly unfortunate incident involving a California
resident caught in a conflict between Mexican law and sound medical
treatment provided to U.S. citizens as well as to other foreign
citizens while traveling in Mexico.
Last August, California resident Donald Craft, his wife, and three
children were vacationing in Baja, Mexico, when they were involved in a
serious automobile incident. 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 transported to a
trauma center in San Diego for more intensive life-saving medical care.
There was, however, one problem. Under Mexican law, foreigners
involved in traffic accidents being investigated for possible criminal
action or who do not have Mexican automobile insurance cannot leave
Mexico until a bond is posted. Mrs. Melody Craft, the victim's wife,
was required to find and pay $7,000 before her critically injured
husband would be allowed to leave the country. After what must have
been a very confusing and unbelievably excruciating period of almost 18
hours, the bond was raised and Mr. Craft was released and sent back to
the United States.
Regrettably, on September 6, 1999, Mr. Craft died of complications
reportedly associated with that accident and the delay in providing him
adequate medical attention. Sadly, this tragedy has been repeated on
several additional occasions since Mr. Craft's death, including a case
involving a Florida constituent of our distinguished colleague, the
gentlewoman from Miami (Ms. Ros-Lehtinen).
Madam Speaker, I would also like to indicate that in 1998, one of my
constituents, Gregg Gahan, the adult son of Mr. and Mrs. Duane Gahan of
Oakland, Nebraska, Mr. Gahan being the editor of the Oakland
Independent, a newspaper serving that area, was also involved in a
similar accident with also extraordinary things that happened that
really defy a rational explanation and amount to an abuse of the legal
or ethical process by Mexican officials.
Grave concerns arose as a result of the treatment of his son by law
enforcement officials, health care officials, and the driver of the car
who hit him. There are legitimate questions about the judicial process
that was implemented, how culpability was determined, the punitive
actions taken, and the damage settlement.
Madam Speaker, we know and appreciate the fact that Mexico has its
own laws and procedures and that those should be known and respected by
foreign visitors. However, in these kinds of very serious accident
cases, flexibility and accommodation of the special circumstances ought
to be in order.
Since the Craft incident, this Member has been told that the U.S. and
Mexican Governments have initiated a dialogue on how to address this
issue. This resolution is designed to support these efforts to seek a
reasonable solution to a situation under Mexican law which places the
health and well-being of Americans and other foreign visitors to Mexico
in question.
The State Department has been consulted on this legislation and has
no objection to it. The Subcommittee on the Western Hemisphere of the
Committee on International Relations and, subsequently, the full
committee, reported the legislation by voice vote.
Madam Speaker, this Member urges his colleagues to join him in
supporting adoption of H. Con. Res. 232.
Madam Speaker, I reserve the balance of my time.
Request to be Added as Cosponsor of H. Con. Res. 232, S. Con. Res. 81,
H.R. 4002, and H.R. 4919
Mr. SHERMAN. Madam Speaker, I ask unanimous consent that I be added
to H. Con. Res. 232 as a cosponsor, and also as a cosponsor of the
three other pieces of legislation that will follow this, S. Con. Res.
81, H.R. 4002 and H.R. 4919, the Security Assistance Act.
The SPEAKER pro tempore. As to cosponsorship of House bills, the
gentleman should talk to the primary sponsor of the bill. It is not
done by unanimous consent. Only the sponsor may add cosponsors.
Mr. SHERMAN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in strong support of this resolution. This bill
sends the right message. It is a bill brought to this House's attention
by the gentleman from California (Mr. Hunter), the gentleman from
California (Mr. Bilbray), the gentleman from California (Mr. Packard)
and the gentleman from California (Mr. Cunningham), who represent the
portion of California that is immediately adjacent to Mexico.
This resolution puts Congress on record in favor of ensuring that
U.S. citizens traveling in Mexico have access without delay to
emergency medical services. This is of particular importance to all of
us in California and along the U.S.-Mexico border. Our citizens travel
to Mexico; and when they are involved in an automobile accident, they
encounter the Mexican law that requires the posting of a bond, a bond
which ordinary automobile insurance does not provide for.
Madam Speaker, I urge my colleagues to join in this resolution and to
support the negotiation with Mexico of a system for at least dealing
with those American motorists who are insured and need help on an
emergency basis. I urge my colleagues to support H. Con. Res. 232.
Madam Speaker, I yield back the balance of my time.
Mr. BEREUTER. Madam Speaker, I yield myself such time as I may
consume to reiterate my request that this be given strong support by my
colleagues.
Mr. CUNNINGHAM. Madam. Speaker, I rise today in support of the Hunter
resolution expressing the sense of Congress that U.S. citizens who are
injured while traveling in Mexico should have immediate access to
medical treatment in the United States. We drafted this resolution in
response to several instances where Americans were prevented by Mexican
authorities from accessing U.S. hospitals after being injured while
traveling in Mexico.
Specifically, this resolution calls upon President Clinton to
continue negotiations with the Mexican government to establish a
humanitarian exemption to bond requirements that prevent the release of
American citizens involved in accidents. One tragic example of this
problem happened on August 24, 1999. Donald Kraft of Southern
California was involved in an automobile accident in Baja California,
Mexico, in which he suffered a broken neck and other injuries. Despite
needing quality medical care that was unavailable in Mexico, Mr. Kraft
was forced to wait over 18 hours before authorities approved his return
to the United States pending his family posting a bond to cover damages
for the collision. Mr. Kraft died a few days later in San Diego.
This experience was repeated again in November 1999 when three men
from Orange County were involved in an accident that killed the driver
and left the two others injured. Family members were required to post
an $11,000 bond before one of the victims was allowed to be transferred
to San Diego where he was treated for multiple fractures, a ruptured
spleen and a punctured lung. The remaining victim was required to stay
in jail until family members convinced authorities that he should be
transported to a Tijuana hospital.
Mr. Speaker, when Americans travel abroad, they must not be denied
access to medical treatment. The United States and Mexico need to agree
on procedures to ensure that the horrible situations of the past never
happen again. Our citizens need these protections. The Mexican
government can and should make these concessions to our tourists in
order to protect Americans in Mexico, and the Mexican tourism industry.
My colleagues, we need to pass this resolution, I urge you to vote
yes.
Mr. GILMAN. Madam Speaker, I want to commend Representative Duncan
Hunter for introducing this resolution and bringing this matter to the
floor of the House.
We will be proceeding with a resolution congratulating the Mexican
people on their recent election on July 2nd. That election has ushered
in a spirit of renewal both in Mexico and as regards our very important
bilateral relations.
This resolution reminds us that our relationship with Mexico involves
many matters that concern both nations.
[[Page H6724]]
H. Res. 232 urges the President to continue to negotiate with the
Government of Mexico to establish procedures for the expedited return
of U.S. citizens injured in Mexico.
There is good reason for the Congress to pass this resolution. U.S.
citizens who do not purchase additional automobile insurance required
by the Mexican government, and are then injured in an automobile
accident, are subject to a bond requirement before they can return to
the United States for medical treatment.
On August 24, 1999, Donald Kraft of Southern California was involved
in an automobile accident in Baja California in which he suffered a
broken neck and other injuries. Mr. Kraft was forced to wait 18 hours
before authorities approved his return to the United States only after
his family posted a bond to cover damages for the collision. Mr. Kraft
died a few days later in San Diego.
The United States and Mexico should work together so we can avoid
similar tragedies in the future.
I ask my colleagues to join me in supporting this resolution.
Ms. ROS-LEHTINEN. Mr. Speaker, every year, thousands of people leave
the port of Miami, located in my congressional district, on cruise
ships that take them to foreign lands. Yet these 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 today. Fifteen minutes
before their ship departed from one of the ports, Michael and
Lorraine's car went off the road and into a ravine, causing a tragic
accident that would change their lives forever. With no passport, no
money and no real means of identification, Lorraine Andrews had a
difficult time in obtaining medical assistance for her husband who had
lost sensation below his neck. It took approximately an hour and a half
before an air ambulance arrived and even then, American dollars had to
be exchanged for medical attention. Today, Michael is an incomplete
quadriplegic and he and his wife are working to make a difference so
that others do not experience similar difficulties.
H. Con. Res. 232, expressing the sense 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 and 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's life should be endangered due to the
existence of a Mexican law requiring an exhaustive investigation of an
accident before emergency medical help in the United States is found.
No American should be denied the right to emergency medical assistance
because a release bond must be paid up front. Humanitarian
considerations should be allowed to override any regulatory, so that
emergencies like that of Michael and Lorraine Andrews will be prevented
in the future. Mr. Speaker, I strongly support H. Con. Res. 232, and I
ask my colleagues to vote for its passage.
Mr. BEREUTER. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nebraska (Mr. Bereuter) that the House suspend the rules
and agree to the concurrent resolution, H. Con. Res. 232, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the concurrent resolution, as
amended, was agreed to.
A motion to reconsider was laid on the table.
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