[Congressional Record Volume 140, Number 2 (Wednesday, January 26, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 26, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                       FEMA AID TO ILLEGAL ALIENS

                                 ______


                         HON. DANA ROHRABACHER

                             of california

                    in the house of representatives

                      Wednesday, January 26, 1994

  Mr. ROHRABACHER. Mr. Speaker, last week residents of Southern 
California awoke to the terrifying reality that a major earthquake was 
shaking their homes apart. When the dust had settled, and while 
aftershocks continued, Angelinos began to add up the cost of the 
earthquake. And while my district in nearby Orange County only suffered 
minor damage, my constituents, and all of our constituents will be 
helping those damaged in the quake rebuild their lives. The Federal 
Government, through FEMA and other agencies, has already begun to 
provide services to those affected by that earthquake.
  One group that lined up early for taxpayer funded aid were illegal 
aliens. I called the disaster field office in Pasadena, and FEMA 
confirmed in writing that they are prohibited by law from determining 
the alien status of those who apply for aid.
  Mr. Speaker, we must change this law that subsidizes those who come 
to this country illegally with free money paid for by the hard-working 
taxpayers. This is one more example of the ways in which we invite 
illegal aliens to take advantage of programs designed to help American 
citizens. I am attaching copies of the letter I received from FEMA's 
disaster field office, and a copy of the law which FEMA interprets to 
prevent them from stopping this giveaway of taxpayer funds.
  Mr. Speaker, I also include an outrageous press release from the 
Immigration and Naturalization Service that says that they will not do 
their job of rounding up and deporting illegal aliens.
                                      FEMA, Disaster Field Office,
                                   Pasadena, CA, January 22, 1994.
     Hon. Dana Rohrabacher,
     House of Representatives, Washington, DC.
       Dear Mr. Rohrabacher: As we discussed by telephone, the 
     Federal Emergency Management Agency (FEMA) is prohibited by 
     law from discriminating on the basis of race, color, 
     nationality, sex, age or economic status. I have enclosed a 
     copy of Section 308 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act which provides that FEMA's 
     disaster relief and assistance activities must be carried out 
     in a non-discriminatory fashion.
       In keeping with FEMA's statutory mandate, aliens, whether 
     permanent resident, temporary resident or undocumented, may 
     be eligible for disaster assistance including the Individual 
     and Family Grant program, disaster housing assistance 
     programs, crisis counseling and disaster legal services. The 
     only exception to this mandate is the disaster unemployment 
     assistance (DUA) program. This exception arises from Title 
     III of the Social Security Act and the Federal Unemployment 
     Tax Act. Because these laws provide generally that 
     undocumented aliens are not eligible to collect unemployment 
     insurance, these individuals are, by extension, not eligible 
     for DUA. Accordingly, the State Employment Development 
     Department has its own application for the DUA program which 
     requires that information about nationality be collected from 
     each DUA applicant.
       FEMA's regulations and policy guidelines are implemented in 
     a manner designed to ensure that individuals receive the 
     disaster assistance for which they are eligible under the 
     Stafford Act.
       I hope that this information is helpful. Please contact our 
     Office of Congressional Affairs at (202) 646-4500 if we can 
     provide further assistance.
           Sincerely,
                                                    John P. Carey.
                                  ____


                 P.L. 93-288 as amended by P.L. 100-707

       (2) to employ experts and consultants in accordance with 
     the provisions of section 3109 of such title, without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of such title relating to classification and General 
     Schedule pay rates; and
       (3) to incur obligations on behalf of the United States by 
     contract or otherwise for the acquisition, rental, or hire of 
     equipment, services, materials, and supplies for shipping, 
     drayage, travel, and communications, and for the supervision 
     and administration of such activities. Such obligations, 
     including obligations arising out of the temporary employment 
     of additional personnel, may be incurred by an agency in such 
     amount as may be made available to it by the President.


                   use of local firms and individuals

       Sec. 307. In the expenditure of Federal funds for debris 
     clearance, distribution of supplies, reconstruction, and 
     other major disaster or emergency assistance activities which 
     may be carried out by contract or agreement with private 
     organizations, firms, or individuals, preference shall be 
     given, to the extent feasible and practicable, to those 
     organizations, firms, and individuals residing or doing 
     business primarily in the area affected by such major 
     disaster or emergency. This section shall not be considered 
     to restrict the use of Department of Defense resources in the 
     provision of major disaster assistance under this Act.


                nondiscrimination in disaster assistance

       Sec. 308. (a) The President shall issue, and may alter and 
     amend, such regulations as may be necessary for the guidance 
     of personnel carrying out Federal assistance functions at the 
     site of a major disaster or emergency. Such regulations shall 
     include provisions for insuring that the distribution of 
     supplies, the processing of applications, and other relief 
     and assistance activities shall be accomplished in an 
     equitable and impartial manner, without discrimination on the 
     grounds of race, color, religion, nationality, sex, age, or 
     economic status.
       (b) As a condition of participation in the distribution of 
     assistance or supplies under this Act or of receiving 
     assistance under this Act, governmental bodies and other 
     organizations shall be required to comply with regulations 
     relating to nondiscrimination promulgated by the President, 
     and such other regulations applicable to activities within an 
     area affected by a major disaster or emergency as he deems 
     necessary for the effective coordination of relief efforts.


              use and coordination of relief organizations

       Sec. 309. (a) In providing relief and assistance under this 
     Act, the President may utilize with their consent, the 
     personnel and facilities of the American National Red Cross, 
     the Salvation Army, the Mennonite Disaster Service, and other 
     relief or disaster assistance organizations, in the 
     distribution of medicine, food, supplies, or other items, and 
     in the restoration, rehabilitation, or reconstruction of 
     community services, housing and essential facilities, 
     whenever the President finds that such utilization is 
     necessary.
                                  ____


                         [INS Press Statement]

                                                   Immigration and


                                       Naturalization Service,

                    Los Angeles District Office, January 21, 1994.
     Re: INS role during the Northridge earthquake.
       INS will not have any role in identifying individuals 
     applying for assistance from Governmental Agencies during 
     this emergency period.
       People who need to come forward and apply for any essential 
     emergency services from all local, state, and Federal 
     Agencies providing assistance to quake victims are encouraged 
     to do so.
       INS will not request any information from other 
     Governmental Agencies which have requested confidentiality by 
     law.

                          ____________________