H.R. 3941 - Schools Not Shelters Act

Bill Text

    Text of H.R. 3941 PDF XML

    (as reported)

    H. Rept. 118-130 PDF

    Report from the Committee on Education and the Workforce to accompany H.R. 3941

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 8-4 on Monday, July 17, 2023.

FLOOR ACTION ON H. Res. 597:
Agreed to by a record vote of 213-206, after agreeing to the previous question by a record vote of 213-207, on Tuesday, July 18, 2023.

MANAGERS: Houchin/Scanlon

1.

Structured rule for H.R. 3935.

2.

Waives all points of order against consideration of the bill.

3.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure or their respective designees.

4.

Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118-11 shall be considered as adopted and the bill, as amended, shall be considered as read.

5.

Waives all points of order against provisions in the bill, as amended.

6.

Provides that following debate, each further amendment printed in part A of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 3 shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

7.

Waives all points of order against the amendments printed in part A of the Rules Committee report and amendments en bloc described in section 3.

8.

Provides that at any time after debate the chair of the Committee on Transportation and Infrastructure or his designee may offer amendments en bloc consisting of further amendments printed in part A of the Rules Committee report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure or their respective designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

9.

Provides one motion to recommit.

10.

Structured rule for H.R. 3941.

11.

Waives all points of order against consideration of the bill.

12.

Provides that an amendment in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in the bill shall be considered as adopted and the bill, as amended, shall be considered as read.

13.

Waives all points of order against provisions in the bill, as amended.

14.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce or their respective designees.

15.

Further makes in order only the amendment printed in part B of the Rules Committee report. Each amendment made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

16.

Waives all points of order against the amendment printed in part B of the report.

17.

Provides one motion to recommit.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Malliotakis (NY)RepublicanWithdrawn This amendment will include private schools that receive federal funding.Withdrawn
2Version 1Ogles (TN)RepublicanDefines short-term as a period of up to 72 hours.Made in Order
3Version 1Crockett (TX)DemocratAdds circumstances where individuals are experiencing child abuse as a specified disaster.Submitted
4Version 1Wasserman Schultz (FL)DemocratBroadens the scope of a specified emergency.Submitted
5Version 1Wasserman Schultz (FL)DemocratRequires a report on the impact of disqualifying public schools and higher education institutions from federal funding.Submitted
6Version 2Ramirez (IL)DemocratLate Revised This amendment would “Strike the bill text to the Schools Not Shelters Act” and “insert the bill text of the American Dream and Promise Act.”Revised
7Version 2Ramirez (IL)DemocratLate Revised This amendment would “Strike the bill text to the Schools Not Shelters Act” and insert “Express the sense of Congress unwavering commitment to immigrant families. Congress supports a pathway to citizenship for the more than 10 million undocumented people in the U.S. Congress will fight to make sure DACA recipients can adjust their legal status permanently, reduce fees so that more people can file for citizenship, eliminate the backlog of cases in immigration court, and prevent deportations from keeping families together.”Revised
8Version 2Ramirez (IL)DemocratLate Revised The Department of Homeland Security Fiscal Year 2023 appropriation shall be increased by $363,800,000 to bolster the DHS Shelter and Services Program FY24, which provides essential shelter and support services for migrants.Revised
9Version 1Takano (CA)DemocratLate Affirms the requirement under the Equal Protection Clause of the 14th Amendment that a free public education is given to all children, as indicated in the Plyler v. Doe decision.Submitted
10Version 1Phillips (MN)DemocratLate Requires a GAO study on the threats that pose a significant safety risk to school children and compromise a schools’ ability to secure their own campus.Submitted
11Version 1Escobar (TX)DemocratLate Nothing in this bill shall preclude the use of a public elementary school, public secondary school, or an institution of higher education from being used to provide shelter to aliens during times when no student attendance is expected, such as seasonal breaks or extended breaks in the school year.Submitted
12Version 1Escobar (TX)DemocratLate Nothing in this Act shall preclude any State, City, County, or local government or entity from using closed, shuttered, or otherwise out-of-use schools, school campuses, or school buildings to provide temporary shelter for aliens so long as structures meet structural and safety standards.Submitted
13Version 1Jackson Lee (TX)DemocratLate Prevents enactment until comprehensive immigration reform in the United States is implemented such that the Federal immigration system operates efficiently and offers a fair, humane, and orderly pathway to citizenship.Submitted
14Version 1Carter (TX), Arrington (TX)RepublicanLate Prohibits the use of military installations to house aliens who do not have a lawful immigration status or are undergoing removal proceedings in the United States.Submitted
15Version 1Jackson Lee (TX)DemocratLate Prevents enactment until the “Grant Relief for American Children’s Elevation (GRACE) Act of 2023” is implemented such that the “exceptional and extremely unusual hardship” term as defined in Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 12229b(b)) is amended to include hardship resulting from separating a family member who is a United States citizen, a lawful permanent resident or an individual lawfully admitted to the United States and a family member who is subject to deportation or removal from the United States.Submitted
16Version 1Jackson Lee (TX)DemocratLate Strikes from the bill language preventing the use of school facilities for the purpose of providing shelter or housing to individuals as defined by section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) who has not been admitted (as so defined).Submitted
17Version 1Leger Fernández (NM)DemocratLate Condemns efforts to transport migrants to other states without prior coordination with the receiving local officials and without the explicit consent of the affected migrants.Submitted
18Version 1Issa (CA)RepublicanLate In the case that a state's governor required an unwilling school to take in illegal aliens, this amendment would require the state to reimburse the school from state funds or risk the state losing federal education funding.Submitted
19Version 1Jackson Lee (TX)DemocratLate Adds after snowstorm, “freeze” to signify deadly and disastrous weather conditions without snow.Submitted

Committee Votes

Rules Committee Record Vote No. 109

Motion by Ms. Scanlon to amend the rule to make in order amendment #6 to H.R. 3941, offered by Representative Ramirez, which would strike the bill text to the Schools Not Shelters Act and insert the bill text of the American Dream and Promise Act. Defeated: 4–8 

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
No Vote
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
Nay
Mr. Cole, Chairman
Nay
Minority Member
Vote
Mr. McGovern
Yea
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 111

Motion by Ms. Leger Fernández to amend the rule to make in order amendment #17 to H.R. 3941, offered by Representative Leger Fernández, which condemns efforts to transport migrants to other states without prior coordination with the receiving local officials and without the explicit consent of the affected migrants. Defeated: 4–8 

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
No Vote
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
Nay
Mr. Cole, Chairman
Nay
Minority Member
Vote
Mr. McGovern
Yea
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 114

Motion by Mrs. Houchin to report the rule. Adopted: 8–4 

Majority Member
Vote
Mr. Burgess
Yea
Mr. Reschenthaler
Yea
Mrs. Fischbach
Yea
Mr. Massie
No Vote
Mr. Norman
Yea
Mr. Roy
Yea
Mrs. Houchin
Yea
Mr. Langworthy
Yea
Mr. Cole, Chairman
Yea
Minority Member
Vote
Mr. McGovern
Nay
Ms. Scanlon
Nay
Mr. Neguse
Nay
Ms. Leger Fernández
Nay