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.