[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3941 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3941
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2023
Mr. Molinaro (for himself, Mr. D'Esposito, Mr. Lawler, Mr. Langworthy,
and Mr. Williams of New York) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
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 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 ``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).
(7) 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.
(8) 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.
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