[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3941 Engrossed in House (EH)]

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118th CONGRESS
  1st Session
                                H. R. 3941

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Schools Not Shelters Act''.

SEC. 2. PROHIBITION ON USE OF SCHOOL AND INSTITUTION FACILITIES TO 
              SHELTER CERTAIN ALIENS.

    (a) In General.--As a condition on receipt of Federal financial 
assistance under any applicable program by a public elementary school, 
a public secondary school, or an institution of higher education, the 
facilities of the school or institution may not be used to provide 
shelter or housing for specified aliens.
    (b) Construction.--Subsection (a) shall apply notwithstanding 
subparagraphs (B) and (D) of section 401(b)(1) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1611(b)(1)) and paragraphs (2) and (4) of section 411(b) of such 
Act (8 U.S.C. 1621(b)).
    (c) Definitions.--For purposes of this Act:
            (1) The term ``applicable program'' has the meaning given 
        such term in section 400 of the General Education Provisions 
        Act (20 U.S.C. 1221).
            (2) The terms ``elementary school'' and ``secondary 
        school'' have the meaning given such terms in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (3) The term ``Federal financial assistance'' has the 
        meaning given such term in section 7501(a)(5) of title 31, 
        United States Code.
            (4) The term ``institution of higher education''--
                    (A) has the meaning given such term in section 102 
                of the Higher Education Act of 1965 (20 U.S.C. 1002); 
                and
                    (B) does not include an institution that is not 
                located in a State.
            (5) The term ``shelter or housing''--
                    (A) means emergency shelter or housing provided 
                exclusively to specified aliens under order of the 
                Federal Government, a State, or a unit of local 
                government; and
                    (B) does not include short-term emergency shelter 
                made necessary by a specified disaster.
            (6) The term ``short-term'' means for a duration not to 
        exceed 72 hours.
            (7) The term ``specified alien'' means an alien (as defined 
        in section 101(a) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a))) who has not been admitted (as so defined).
            (8) The term ``specified disaster'' means--
                    (A) a fire on public or private forest land or 
                grassland described in section 420 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5187); and
                    (B) any fire, flood, explosion, hurricane, tornado, 
                storm, high water, winddriven water, tidal wave, 
                tsunami, earthquake, volcanic eruption, landslide, 
                mudslide, snowstorm, or drought for which a disaster 
                declaration is made by the Federal Government or a 
                State.
            (9) The term ``State'' means any State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands.

            Passed the House of Representatives July 19, 2023.

            Attest:

                                                                 Clerk.
118th CONGRESS

  1st Session

                               H. R. 3941

_______________________________________________________________________

                                 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.