[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2983 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2983

To prohibit the use of the facilities of a public elementary school, a 
    public secondary school, or an institution of higher education 
 receiving funding from the Department of Education to provide shelter 
     for aliens who have not been admitted into the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 22), 2023

Mr. Cruz (for himself, Mr. Cotton, Mr. Budd, Mr. Hawley, and Mr. Braun) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To prohibit the use of the facilities of a public elementary school, a 
    public secondary school, or an institution of higher education 
 receiving funding from the Department of Education to provide shelter 
     for aliens who have not been admitted into the United States.

    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. DEFINITIONS.

    In this Act:
            (1) Applicable program.--The term ``applicable program'' 
        has the meaning given such term in section 400(c) of the 
        General Education Provisions Act (20 U.S.C. 1221(c)).
            (2) Elementary school; secondary school.--The terms 
        ``elementary school'' and ``secondary school'' have the 
        meanings given such terms in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (3) Federal financial assistance.--The term ``Federal 
        financial assistance'' has the meaning given such term in 
        section 7501(a) of title 31, United States Code.
            (4) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) has the meaning given such term in section 
                102(a) 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) Shelter or housing.--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) Short-term.--The term ``short-term'' means a duration 
        of not more than 72 hours.
            (7) Specified alien.--The term ``specified alien''--
                    (A) has the meaning given the term ``alien'' in 
                section 101(a) of the Immigration and Nationality Act 
                (8 U.S.C. 1101(a)); and
                    (B) does not include any alien who has been 
                admitted to the United States.
            (8) Specified disaster.--The term ``specified disaster'' 
        means--
                    (A) a fire on public or private forest land or 
                grassland described in section 420(a) of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5187(a)); and
                    (B) any fire, flood, explosion, hurricane, tornado, 
                storm, high water, wind-driven water, tidal wave, 
                tsunami, earthquake, volcanic eruption, landslide, 
                mudslide, snowstorm, or drought for which a disaster 
                declaration is made by the Federal Government or by a 
                State.
            (9) State.--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.

SEC. 3. PROHIBITION ON USE OF SCHOOL OR INSTITUTION FACILITIES TO 
              SHELTER SPECIFIED ALIENS.

    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)), a public elementary school, a public 
secondary school, or an institution of higher education may not receive 
Federal financial assistance under any applicable program if the 
facilities of such school or institution are used to provide shelter or 
housing for specified aliens.
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