I 
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 Work-
force 
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 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’’. 
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SEC. 2. PROHIBITION ON USE OF SCHOOL FACILITIES TO 
SHELTER CERTAIN ALIENS. 
(a) IN GENERAL.—As a condition on receipt of Fed-
eral 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). 
(2) The terms ‘‘elementary school’’ and ‘‘sec-
ondary 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. 
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(4) The term ‘‘institution of higher edu-
cation’’— 
(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 Emer-
gency Assistance Act (42 U.S.C. 5187); and 
(B) any fire, flood, explosion, hurricane, 
tornado, storm, high water, winddriven water, 
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