Schools Not Shelters Act

Bill: 118-hr-3941
Sponsor: full_name: Rep. Molinaro, Marcus J. [R-NY-19]
Introduced: 2023-06-09
Policy area: Immigration
Subjects: Border security and unlawful immigration

Detention of persons

Educational facilities and institutions

Homelessness and emergency shelter

Immigration status and procedures
Latest action: action_date: 2023-07-20
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2023-06-09
action_desc: Introduced in House
text: <p><strong>Schools Not Shelters Act</strong></p> <p>This bill prohibits using the facilities of certain schools that receive federal financial assistance to provide shelter or housing for any non-U.S. national (<em>alien</em> under federal law) who has not been admitted for lawful entry.</p> <p>Specifically, this bill shall apply to the facilities of (1) public elementary or secondary schools, and (2) institutions of higher education.</p> <p>This prohibition shall not apply to shelter or housing provided in response to certain disasters such as a fire, flood, explosion, or tornado for which there has been a disaster declaration. </p>

action_date: 2023-06-30
action_desc: Reported to House
text: <p><strong>Schools Not Shelters Act</strong></p> <p>This bill prohibits using the facilities of certain schools that receive federal financial assistance to provide shelter or housing for any non-U.S. national (<em>alien</em> under federal law) who has not been admitted for lawful entry.</p> <p>Specifically, this bill shall apply to the facilities of (1) public elementary or secondary schools, and (2) institutions of higher education.</p> <p>This prohibition shall not apply to shelter or housing provided in response to certain disasters such as a fire, flood, explosion, or tornado for which there has been a disaster declaration. </p>

action_date: 2023-07-19
action_desc: Passed House
text: <p><strong>Schools Not Shelters Act</strong></p> <p>This bill prohibits using the facilities of certain schools that receive federal financial assistance to provide shelter or housing for any non-U.S. national (<em>alien</em> under federal law) who has not been admitted for lawful entry.</p> <p>Specifically, this bill shall apply to the facilities of (1) public elementary or secondary schools, and (2) institutions of higher education.</p> <p>This prohibition shall not apply to shelter or housing provided in response to certain disasters such as a fire, flood, explosion, or tornado for which there has been a disaster declaration. </p>

tv_txt: IIB 118th CONGRESS 1st Session H. R. 3941 IN THE SENATE OF THE UNITED STATES July 20, 2023 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT 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.

1. Short title This Act may be cited as the Schools Not Shelters Act . 2. Prohibition on use of school and institution 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 short-term means for a duration not to exceed 72 hours. (7) 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). (8) 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. (9) 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.

Passed the House of Representatives July 19, 2023. Kevin F. McCumber, Clerk.

tv_txt: IB 118th CONGRESS 1st Session H. R. 3941 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

1. Short title This Act may be cited as the Schools Not Shelters Act . 2. Prohibition on use of school and institution 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 short-term means for a duration not to exceed 72 hours. (7) 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). (8) 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. (9) 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.

Passed the House of Representatives July 19, 2023. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 102 118th CONGRESS 1st Session H. R. 3941 [Report No. 118–130] 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 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 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.

1. Short title This Act may be cited as the Schools Not Shelters Act . 2. Prohibition on use of school and institution 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.

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

tv_txt: I 118th CONGRESS 1st Session H. R. 3941 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.

1. Short title This Act may be cited as the Schools Not Shelters Act . 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.