H.R. 3941House118th Congress (2023-2025)Passed House

Schools Not Shelters Act

Introduced June 9, 2023

AI-Generated Summary

Updated January 20, 2026 at 8:39 AM UTC

The Schools Not Shelters Act prohibits public elementary, secondary, and higher‑education institutions that receive federal financial assistance from being used to shelter aliens who have not been admitted to the United States. The restriction is a condition of receiving federal aid and applies regardless of other existing statutes. The bill does not affect short‑term emergency shelter needed after a declared disaster.

Key Provisions

  • Federal aid to public schools and colleges is conditioned on not using their facilities to house “specified aliens” (undocumented, not admitted).
  • “Shelter or housing” is defined as emergency accommodation ordered by federal, state, or local government, but excludes short‑term shelters required for disasters lasting up to 72 hours.
  • The prohibition applies despite provisions in the Personal Responsibility and Work Opportunity Reconciliation Act.
  • Definitions clarify terms such as “specified alien,” “short‑term,” “specified disaster,” and exclude institutions located outside a state.

Legislative Activity

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21 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

July 20, 2023

View full timeline
HouseIntro Referral

Introduced in House

June 9, 2023

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

June 9, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 13, 2023

HouseCommittee

Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 20 - 16.

June 13, 2023

HouseCommittee

Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-130.

June 30, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 102.

June 30, 2023

HouseFloor

Rules Committee Resolution H. Res. 597 Reported to House. Rule provides for consideration of H.R. 3935 and H.R. 3941. The resolution provides for consideration of H.R. 3935 and H.R. 3941 both under a structured rule with one hour of general debate. The resolution provides for a motion to recommit on each measure.

July 18, 2023 • 10:05 AM

HouseFloor

Rule H. Res. 597 passed House.

July 18, 2023 • 1:49 PM

HouseFloor

Considered under the provisions of rule H. Res. 597. (consideration: CR H3673-3680)

July 18, 2023 • 4:15 PM

HouseFloor

Rule provides for consideration of H.R. 3935 and H.R. 3941. The resolution provides for consideration of H.R. 3935 and H.R. 3941 both under a structured rule with one hour of general debate. The resolution provides for a motion to recommit on each measure.

July 18, 2023 • 4:15 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 3941.

July 18, 2023 • 4:16 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 597, the House proceeded with 10 minutes of debate on the Ogles amendment No. 1.

July 18, 2023 • 5:02 PM

HouseFloor

The previous question was ordered on the amendment and the bill pursuant to the rule.

July 18, 2023 • 5:03 PM

HouseFloor

Mr. Vasquez moved to recommit to the Committee on Education and the Workforce. (text: CR H3680)

July 18, 2023 • 5:04 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

July 18, 2023 • 5:04 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H. R. 3941, the Chair put the question on the motion to recommit and by voice vote, announced the ayes had prevailed. Ms. Foxx demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

July 18, 2023 • 5:04 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3839-3840)

July 19, 2023 • 9:00 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 200 - 212 (Roll no. 339).

July 19, 2023 • 9:24 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 222 - 201 (Roll no. 340).

July 19, 2023 • 9:31 PM

HouseFloor

On passage Passed by the Yeas and Nays: 222 - 201 (Roll no. 340).

July 19, 2023 • 9:31 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 19, 2023 • 9:31 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

July 20, 2023

Floor Debate

22 members

What members said about H.R. 3941 on the floor

12 Republicans10 Democrats
Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Jul 18, 2023

Mr. Speaker, I thank the gentlewoman from Indiana for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, with the two bills under consideration in…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 18, 2023

Mr. Speaker, I rise today to speak in strong opposition to the Rule for H.R. 3941, ``Schools Not Shelters Act of 2023''. This bill is an absurd measure to condemn the use of elementary and secondary…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 18, 2023

Mr. Speaker, I rise today to speak in strong opposition to H.R. 3941, ``Schools Not Shelters Act of 2023''. This bill is an absurd measure to condemn the use of elementary and secondary school…

Bennie G. Thompson
Rep. Bennie G. ThompsonD-MS-2 · Jul 24, 2023

Mr. Speaker, I rise in opposition to H. Res. 597, the rule providing for consideration of the reauthorization bill for the Federal Aviation Administration, H.R. 3935. The rule blocks a large number…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Jul 18, 2023

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I speak in opposition to H.R. 3941, the scapegoating not solutions act. It is frustrating that we are taking up another proposal…

Show 8 more
Erin Houchin
Rep. Erin HouchinR-IN-9 · Jul 18, 2023

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 597 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Jul 18, 2023

Mr. Speaker, pursuant to House Resolution 597, I call up the bill (H.R. 3941) to prohibit the use of the facilities of a public elementary school, a public secondary school, or an institution of…

Marcus J. Molinaro
Rep. Marcus J. MolinaroR-NY-19 · Jul 18, 2023

Mr. Speaker, I was here earlier today, and my colleagues on the other side of the aisle--and I heard it again repeated just moments ago--were talking a lot about what this bill isn't. I am very…

Veronica Escobar
Rep. Veronica EscobarD-TX-16 · Jul 18, 2023

Mr. Speaker, this week, the House is poised to pass a bill threatening funding for public schools and institutions of higher learning if they provide shelter to vulnerable migrants. First, it is…

Daniel S. Goldman
Rep. Daniel S. GoldmanD-NY-10 · Jul 18, 2023

Mr. Speaker, I rise today in opposition to H.R. 3941, which is an inhumane, xenophobic messaging bill that seeks to punish the local governments that are welcoming and supporting migrants arriving…

Marcus J. Molinaro
Rep. Marcus J. MolinaroR-NY-19 · Jul 18, 2023

Mr. Speaker, let me first clarify. I live in the State of New York where Mayor Eric Adams and the city of New York decided to declare itself a sanctuary city. It opened its arms to individuals from…

Chip Roy
Rep. Chip RoyR-TX-21 · Jul 18, 2023

Mr. Speaker, I thank the gentlewoman for yielding. Mr. Speaker, I would note that my colleague on the other side of the aisle from Pennsylvania referred to the crisis that we are experiencing on the…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Jul 18, 2023

Mr. Speaker, I completely agree as well that we do have an issue that we must address in terms of improving our education system, investing in our students, investing in our schools, but does this…

Show 11 more
Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Jul 18, 2023

Mr. Speaker, I thank the ranking member for yielding time. Mr. Speaker, I rise in strong opposition to this so-called Schools Not Shelters Act, which should be called the shutting out students act to…

Nicole Malliotakis
Rep. Nicole MalliotakisR-NY-11 · Jul 18, 2023

Mr. Speaker, I rise in support of H.R. 3941. I am proud to cosponsor this legislation with Congressman Marc Molinaro, who is also from the State of New York. There are two people who are truly…

Andrew Ogles
Rep. Andrew OglesR-TN-5 · Jul 18, 2023

Mr. Speaker, I have an amendment at the desk. Mr. Speaker, I rise today in support of my amendment to define the phrase ``short term'' for the purposes of the Schools Not Shelters Act as being a…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Jul 18, 2023

Mr. Speaker, I thank the gentleman, my good friend, the former and I hope future chairman of the Education and the Workforce Committee, for yielding. Why are my friends on the other side of the aisle…

Lisa C. McClain
Rep. Lisa C. McClainR-MI-9 · Jul 18, 2023

Mr. Speaker, I rise today in support of the Schools Not Shelters Act. This bill will protect our student safety and our schools, ensuring that they are used for learning. I don't know if anyone has…

John W. Rose
Rep. John W. RoseR-TN-6 · Jul 17, 2023

Madam Speaker, this week, House Republicans are committed to fulfilling our Commitment to America to end President Biden's border crisis and restore a nation that is safe. Last month, the…

Bob Good
Rep. Bob GoodR-VA-5 · Jul 18, 2023

Mr. Speaker, I support the legislation today that will allow the Department of Education to withhold Federal funding from schools that house illegal aliens at public school facilities. This bill…

Anthony D'Esposito
Rep. Anthony D'EspositoR-NY-4 · Jul 18, 2023

Mr. Speaker, I am a little confused by my colleague's comments when he said that Members on this side of the aisle were ``deathly afraid.'' No one is deathly afraid. What we are, though, is we are in…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Jul 18, 2023

Mr. Speaker, I thank the gentlewoman from Indiana for yielding time today. Mr. Speaker, I rise today to support the rule and protecting our communities and our public schools from paying the price…

Aaron Bean
Rep. Aaron BeanR-FL-4 · Jul 18, 2023

Mr. Speaker, I thank Dr. Foxx for yielding. Mr. Speaker, what do parents worry about? According to a National PTA survey, American parents worry most about their child being bullied, and they worry…

Gabe Vasquez
Rep. Gabe VasquezD-NM-2 · Jul 18, 2023

Mr. Speaker, at the appropriate time I will offer a motion to recommit this bill back to committee. If the House rules permitted, I would have offered the motion with an important amendment to this…

Bill Text

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Referred in SenateIssued July 20, 2023

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.