118 HR 10237 IH: CBP Guidance on Personal Belongings Act U.S. House of Representatives 2024-11-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 10237IN THE HOUSE OF REPRESENTATIVESNovember 21, 2024Mrs. Ramirez (for herself, Mr. Grijalva, Ms. Velázquez, Ms. Norton, Ms. Clarke of New York, Mr. Vargas, Mr. Goldman of New York, Ms. Bush, Mr. McGovern, Mr. García of Illinois, Mr. Correa, Mr. Menendez, Ms. Barragán, Ms. Tlaib, Ms. Omar, Mr. Robert Garcia of California, Mr. Thanedar, Mr. Soto, Mr. Espaillat, and Ms. Escobar) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo require the Commissioner of U.S. Customs and Border Protection to develop and disseminate guidance for the handling of personal property of individuals who are under arrest, restrained, or confined by U.S. Customs and Border Protection, and for other purposes.

1.

Short title

This Act may be cited as the CBP Guidance on Personal Belongings Act.

2.

CBP guidance for handling personal property

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection (CBP) shall develop and disseminate to the appropriate congressional committees and all CBP personnel who come into contact with individuals under arrest, restrained, or confined by CBP guidance for the handling of the personal property of such individuals.(b)

Consultation required

The Commissioner of CBP shall consult with nongovernmental organizations and the Immigration Detention Ombudsman of the Department of Homeland Security in the development and dissemination of the guidance required under subsection (a).(c)

Contents

The guidance required under subsection (a) shall provide for the following:(1)Allow individuals to keep as much of their personal property as CBP’s physical capacity, safety considerations, transportation limitations, and personnel availability permit.(2)Ensure CBP returns all personal property that CBP stores on behalf of an individual who is under arrest, restrained, or confined by CBP directly to such individual immediately upon the release of such individual from CBP custody to the greatest extent operationally feasible.(3)A description of the types of personal property considered essential and that must remain in an individual’s possession (or be otherwise stored by CBP under paragraph (4)) to the greatest extent operationally feasible, including, at a minimum, religious articles, personal contact information of family members and loved ones, and essential medical property that does not pose a threat or hazard to CBP personnel, detainees, or other personnel inside a CBP facility.(4)A description of the types of personal property considered essential and that CBP is required to store, including, at a minimum, legal and identification documents that are not determined to be fraudulent or counterfeit, cell phones and electronic devices, health-related documents, and currency, if such property does not pose a threat or hazard to CBP personnel, detainees, or other personnel inside a CBP facility, including relating to the reasons and circumstances under which the amount of such property could be restricted.(5)Specific procedures for managing essential personal property described in paragraphs (3) and (4), ensuring such procedures comply with all CBP policies and Federal law, and that individuals who are under arrest, restrained, or confined by CBP are provided a written receipt of any stored personal property.(6)A description of the circumstances which would necessitate discarding the personal property of an individual who is under arrest, restrained, or confined by CBP, including the circumstances under which collecting, transporting or storing such property would not be operationally feasible.(7)A description of the circumstances under which the personal property of an individual who is under arrest, restrained, or confined by CBP may be considered a hazard or threat.(8)A protocol for how CBP personnel is to manage the transfer of personal property when an individual who is under arrest, restrained, or confined by CBP is transferred into the custody of another agency.(9)A protocol for providing to each individual released from CBP custody written instructions explaining how to retrieve any personal property remaining in CBP facilities.(10)A protocol for handling medical property that directs CBP personnel to ensure detainees’ medications remain available to such detainees unless a specific safety concern is identified or a non-United States prescribed medication has been replaced with a United States equivalent medication. (11)A description of the mechanism for monitoring the compliance of CBP personnel with such guidance.(d)

Monitoring

At the time the guidance required under subsection (a) is disseminated, the Commissioner of CBP shall implement the mechanism described in subsection (c)(11) to monitor the extent to which CBP personnel is in compliance with such guidance.(e)

Report

Not later than one year after the date of the dissemination of the guidance required under subsection (a) and annually thereafter for five years, the Commissioner of CBP shall submit to the appropriate congressional committees and the Comptroller General of the United States a report on the development and implementation of such guidance. Each such report shall also include information on the discarded essential personal property of individuals who are under arrest, restrained, or confined by CBP, including relating to the following:(1)The number of times and an identification of the locations at which CBP officers discarded essential personal property, including such property disposed of outside of CBP facilities.(2)The reasons why such property was discarded.(3)A description of CBP’s efforts to reduce such instances, as applicable.(f)

Comptroller General review

Not later than one year after receipt of the report required under subsection (e), the Comptroller General of the United States shall submit to the appropriate congressional committees a review of the guidance required by subsection (a), including the following:(1)The implementation of such guidance.(2)The effects of such guidance on CBP operations.(3)The compliance of CBP personnel with such guidance.(g)

Definitions

In this section:(1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.(2)

Essential medical property

The term essential medical property means medical items validated by a qualified medical professional as in working order, medically necessary, and falling under any of the following categories:(A)Prescription eyewear, including glasses or contacts.(B)Prosthetic devices and durable medical equipment.(C)Dentures (whether full or partial) and orthodontic devices.(3)

Personal property

The term personal property means the belongings, not including contraband, found on or carried by an individual who is under arrest, restrained, or confined by U.S. Customs and Border Protection.