118 S2983 IS: Schools Not Shelters Act U.S. Senate 2023-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2983IN THE SENATE OF THE UNITED STATESSeptember 28 (legislative day, September 22), 2023Mr. 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 PensionsA BILLTo 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.

1.

Short title

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

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.

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.