[House Hearing, 106 Congress]
[From the U.S. Government Publishing Office]
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
__________
U.S. GOVERNMENT PRINTING OFFICE
65-872 WASHINGTON : 2000
______
COMMITTEE ON INTERNATIONAL RELATIONS
BENJAMIN A. GILMAN, New York, Chairman
WILLIAM F. GOODLING, Pennsylvania SAM GEJDENSON, Connecticut
JAMES A. LEACH, Iowa TOM LANTOS, California
HENRY J. HYDE, Illinois HOWARD L. BERMAN, California
DOUG BEREUTER, Nebraska GARY L. ACKERMAN, New York
CHRISTOPHER H. SMITH, New Jersey ENI F.H. FALEOMAVAEGA, American
DAN BURTON, Indiana Samoa
ELTON GALLEGLY, California MATTHEW G. MARTINEZ, California
ILEANA ROS-LEHTINEN, Florida DONALD M. PAYNE, New Jersey
CASS BALLENGER, North Carolina ROBERT MENENDEZ, New Jersey
DANA ROHRABACHER, California SHERROD BROWN, Ohio
DONALD A. MANZULLO, Illinois CYNTHIA A. McKINNEY, Georgia
EDWARD R. ROYCE, California ALCEE L. HASTINGS, Florida
PETER T. KING, New York PAT DANNER, Missouri
STEVE CHABOT, Ohio EARL F. HILLIARD, Alabama
MARSHALL ``MARK'' SANFORD, South BRAD SHERMAN, California
Carolina ROBERT WEXLER, Florida
MATT SALMON, Arizona STEVEN R. ROTHMAN, New Jersey
AMO HOUGHTON, New York JIM DAVIS, Florida
TOM CAMPBELL, California EARL POMEROY, North Dakota
JOHN M. McHUGH, New York WILLIAM D. DELAHUNT, Massachusetts
KEVIN BRADY, Texas GREGORY W. MEEKS, New York
RICHARD BURR, North Carolina BARBARA LEE, California
PAUL E. GILLMOR, Ohio JOSEPH CROWLEY, New York
GEORGE P. RADANOVICH, California JOSEPH M. HOEFFEL, Pennsylvania
JOHN COOKSEY, Louisiana
THOMAS G. TANCREDO, Colorado
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 GARY L. ACKERMAN, New York
CASS BALLENGER, North Carolina MATTHEW G. MARTINEZ, California
CHRISTOPHER H. SMITH, New Jersey ROBERT MENENDEZ, New Jersey
ILEANA ROS-LEHTINEN, Florida ROBERT WEXLER, Florida
MARSHALL ``MARK'' SANFORD, South STEVEN R. ROTHMAN, New Jersey
Carolina JIM DAVIS, Florida
KEVIN BRADY, Texas EARL POMEROY, North Dakota
PAUL E. GILLMOR, Ohio
Vince Morelli, Subcommittee Staff Director
David Adams, Democratic Professional Staff Member
Kelly McDonald, Staff Associate
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
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.
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 well-being 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 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.]
=======================================================================
A P P E N D I X
June 14, 2000
=======================================================================
[GRAPHIC] [TIFF OMITTED] T5872.001
[GRAPHIC] [TIFF OMITTED] T5872.002
[GRAPHIC] [TIFF OMITTED] T5872.003