H.R. 10105

119 HR 10105 IH: Stop ICE Price Gouging Act
 U.S. House of Representatives
 2026-08-13
 text/xml
 EN
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 I  119th CONGRESS  2d Session  H. R. 10105  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   A BILL
To impose a cap on the price of items sold at the immigration detention facility commissary, and for other purposes.
1.
Short title
This Act may be cited as the   Stop ICE Price Gouging Act  .
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.