[Congressional Record (Bound Edition), Volume 146 (2000), Part 11]
[House]
[Pages 15877-15879]
[From the U.S. Government Publishing Office, www.gpo.gov]



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.
  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

[[Page 15878]]

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.
  Madam 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.
  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. Madan Speaker, every year, thousands of people 
leave the port

[[Page 15879]]

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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