[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10105 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10105
To impose a cap on the price of items sold at the immigration detention
facility commissary, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 13, 2026
Mr. Thanedar introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Homeland Security, 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 concerned
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A BILL
To impose a cap on the price of items sold at the immigration detention
facility commissary, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop ICE Price Gouging Act''.
SEC. 2. IMMIGRATION DETENTION FACILITY COMMISSARY REQUIREMENTS.
(a) Limitation.--
(1) Essential items.--The sale price of an essential item
offered for sale in a commissary at an immigration detention
facility shall be limited to an amount not to exceed a 5-
percent markup above the amount paid to a vendor for that item.
(2) Nonessential items.--The sale price of a nonessential
item offered for sale in a commissary at an immigration
detention facility shall be limited to an amount not to exceed
a 35-percent markup above the amount paid to a vendor for that
item.
(3) Amount paid.--For the purpose of this subsection, the
amount paid to a vendor for an item is the amount paid for the
acquisition of that item, less any discount, credit, allowance,
refund, or other price reduction.
(b) Prohibition.--
(1) Fees.--No sales transaction of a commissary at an
immigration detention facility shall incur additional fees,
including service fees, commissions, or any similar fee.
(2) No kickbacks or revenue sharing.--No agency or
contractor providing a commissary service at an immigration
detention facility may receive kickbacks or share revenue with
respect to such service.
(c) Enforcement.--
(1) Individual overcharges.--In any case in which the
Director of U.S. Immigration and Customs Enforcement determines
that a detained individual has been charged a sale price for an
item in excess of the limitation under subsection (a), the
Director shall ensure that the agency or contractor providing
the commissary service shall refund an amount to the individual
equal to the amount in excess or, in the case of an individual
who is transferred to a facility or released, make all
reasonable efforts to refund such amount.
(2) Amounts not refunded.--In the case that the amount
charged in excess of the limitation under subsection (a) is
unable to be refunded to the appropriate individual due to
transfer or removal from the detention facility, such amount
shall be transferred to the Department of Homeland Security and
thereafter deposited into a separate account in the Treasury to
be known as the Detainee Welfare Fund to be used solely for
electronics, recreational or educational items, and other items
and programs that benefit detainees. Such amount may not be
used to comply with the standards for detention or other
requirements under the immigration laws (as defined in section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a))).
(3) Other enforcement.--
(A) Director authority.--The Director of U.S.
Immigration and Customs Enforcement shall address
violations of this Act in a manner the Director
determines appropriate, including imposing a corrective
action plan, requiring refunds, or, in the case of
repeated and willful violations by contractors,
withholding payments, terminating the contract, and
making the contractor ineligible for future contracts.
(B) Inspector general.--The Inspector General of
the Department of Homeland Security shall conduct
audits to ensure compliance with this Act, investigate
alleged violations, and refer credible allegations to
the Director of U.S. Immigration and Customs
Enforcement.
(d) Report.--Beginning 90 days after the date of enactment of this
Act, and every 90 days thereafter, the Director of U.S. Immigration and
Customs Enforcement shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report on--
(1) the cost of acquiring essential items and the
percentage of markup;
(2) the average percentage of markup with respect to
nonessential items;
(3) a list of each violation involving essential and
nonessential items; and
(4) a written certification of compliance with the
requirements of this Act with respect to each detention
facility meeting such requirements.
(e) Limited Preemption.--The provisions of this Act shall not be
construed to preempt any provision of State law that imposes a
limitation on a markup of items for sale in a commissary at an
immigration detention facility that is less than the limitation under
subsection (a).
(f) Rule of Construction.--Nothing in this Act may be construed to
authorize charging for any item that is required to be provided without
charge under Federal or State law, standards for detention, or
contracts.
(g) Definition.--In this section:
(1) Director of u.s. immigration and customs enforcement.--
The term ``Director of U.S. Immigration and Customs
Enforcement'' means the Secretary of Homeland Security, acting
through the Director of U.S. Immigration and Customs
Enforcement.
(2) Essential item.--The term ``essential item'' means any
item needed for hygiene, health, dignity, and communication,
including menstrual products, soap, shampoo, moisturizing
cream, toothpaste, toothbrushes, deodorant, toilet paper,
tissues, diapers, baby wipes, laundry supplies, basic
undergarments and socks, writing paper, writing implements,
envelopes, and stamps.
(3) Immigration detention facility.--The term ``immigration
detention facility'' means any facility with the primary
purpose of detaining individuals under the immigration laws (as
defined in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a))).
(4) Nonessential item.--The term ``nonessential item''
means any item that is not an essential item.
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