IB 
Union Calendar No. 102 
118TH CONGRESS 
1ST SESSION H. R. 3941 
[Report No. 118–130] 
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 Work-
force 
JUNE 30, 2023 
Additional sponsors: Mrs. HOUCHIN and Ms. MALLIOTAKIS 
JUNE 30, 2023 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 9, 2023] 
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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. 
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Be it enacted by the Senate and House of Representa-
tives 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 INSTITU-
TION 
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 not-
withstanding subparagraphs (B) and (D) of section 
401(b)(1) of the Personal Responsibility and Work Oppor-
tunity 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 Gen-
eral Education Provisions Act (20 U.S.C. 1221). 
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(2) The terms ‘‘elementary school’’ and ‘‘sec-
ondary school’’ have the meaning given such terms in 
section 8101 of the Elementary and Secondary Edu-
cation 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 sec-
tion 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— 
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(A) a fire on public or private forest land 
or grassland described in section 420 of the Rob-
ert 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 erup-
tion, 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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