Schools Not Shelters Act

IIB 118TH CONGRESS 1ST SESSION H. R. 3941 IN THE SENATE OF THE UNITED STATES JULY 20, 2023 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT To prohibit the use of the facilities of a public elementary school, a public secondary school, or an institution of higher education to provide shelter for aliens who have not been admitted into the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:13 Jul 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3941.RFS H3941 pbinns on DSKJLVW7X2PROD with $$_JOB 2 HR 3941 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Schools Not Shelters 2 Act’’. 3 SEC. 2. PROHIBITION ON USE OF SCHOOL AND INSTITU- 4 TION FACILITIES TO SHELTER CERTAIN 5 ALIENS. 6 (a) IN GENERAL.—As a condition on receipt of Fed- 7 eral financial assistance under any applicable program by 8 a public elementary school, a public secondary school, or 9 an institution of higher education, the facilities of the 10 school or institution may not be used to provide shelter 11 or housing for specified aliens. 12 (b) CONSTRUCTION.—Subsection (a) shall apply not- 13 withstanding subparagraphs (B) and (D) of section 14 401(b)(1) of the Personal Responsibility and Work Oppor- 15 tunity Reconciliation Act of 1996 (8 U.S.C. 1611(b)(1)) 16 and paragraphs (2) and (4) of section 411(b) of such Act 17 (8 U.S.C. 1621(b)). 18 (c) DEFINITIONS.—For purposes of this Act: 19 (1) The term ‘‘applicable program’’ has the 20 meaning given such term in section 400 of the Gen- 21 eral Education Provisions Act (20 U.S.C. 1221). 22 (2) The terms ‘‘elementary school’’ and ‘‘sec- 23 ondary school’’ have the meaning given such terms 24 in section 8101 of the Elementary and Secondary 25 Education Act of 1965 (20 U.S.C. 7801). 26 VerDate Sep 11 2014 01:13 Jul 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3941.RFS H3941 pbinns on DSKJLVW7X2PROD with $$_JOB 3 HR 3941 RFS (3) The term ‘‘Federal financial assistance’’ has 1 the meaning given such term in section 7501(a)(5) 2 of title 31, United States Code. 3 (4) The term ‘‘institution of higher edu- 4 cation’’— 5 (A) has the meaning given such term in 6 section 102 of the Higher Education Act of 7 1965 (20 U.S.C. 1002); and 8 (B) does not include an institution that is 9 not located in a State. 10 (5) The term ‘‘shelter or housing’’— 11 (A) means emergency shelter or housing 12 provided exclusively to specified aliens under 13 order of the Federal Government, a State, or a 14 unit of local government; and 15 (B) does not include short-term emergency 16 shelter made necessary by a specified disaster. 17 (6) The term ‘‘short-term’’ means for a dura- 18 tion not to exceed 72 hours. 19 (7) The term ‘‘specified alien’’ means an alien 20 (as defined in section 101(a) of the Immigration and 21 Nationality Act (8 U.S.C. 1101(a))) who has not 22 been admitted (as so defined). 23 (8) The term ‘‘specified disaster’’ means— 24 VerDate Sep 11 2014 01:13 Jul 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3941.RFS H3941 pbinns on DSKJLVW7X2PROD with $$_JOB 4 HR 3941 RFS (A) a fire on public or private forest land 1 or grassland described in section 420 of the 2 Robert T. Stafford Disaster Relief and Emer- 3 gency Assistance Act (42 U.S.C. 5187); and 4 (B) any fire, flood, explosion, hurricane, 5 tornado, storm, high water, winddriven water, 6 tidal wave, tsunami, earthquake, volcanic erup- 7 tion, landslide, mudslide, snowstorm, or drought 8 for which a disaster declaration is made by the 9 Federal Government or a State. 10 (9) The term ‘‘State’’ means any State of the 11 United States, the District of Columbia, Puerto 12 Rico, the Virgin Islands, Guam, American Samoa, 13 and the Commonwealth of the Northern Mariana Is- 14 lands. 15 Passed the House of Representatives July 19, 2023. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 01:13 Jul 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3941.RFS H3941 pbinns on DSKJLVW7X2PROD with $$_JOB