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119-hr-10105119th Congress

Stop ICE Price Gouging Act

Sponsored By: Representative Thanedar, Shri [D-MI-13]

In Committee

Summary

cap commissary prices at immigration detention facilities to prevent price gouging by vendors and contractors. The bill would set strict markup limits on basic hygiene and dignity items, ban extra fees and kickbacks, require refunds for overcharges, and mandate frequent reporting and audits.

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  • Detainees and families: Detainees would face no more than a 5% markup on defined essential items and no more than a 35% markup on nonessential items. If a detainee cannot be refunded because of transfer or removal, the unrefunded amount goes into a Detainee Welfare Fund for electronics, recreation, education, and similar detainee benefits.
  • Vendors and contractors: Commissary operators may not charge service fees, commissions, or share revenue with agencies. Repeated willful violations can lead to required refunds, corrective action plans, withheld payments, contract termination, and bans from future contracts.
  • ICE and oversight: ICE must report every 90 days to relevant congressional homeland security committees on acquisition costs, markups, violations, and facility compliance certifications. The Department of Homeland Security Inspector General shall audit compliance, investigate allegations, and refer credible violations to ICE.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Quarterly reporting and enforcement tools

If enacted, ICE would have to report every 90 days to two congressional committees on vendor costs, markups, and violations. The DHS Inspector General would audit commissary pricing and investigate alleged violations. The ICE Director could require refunds and corrective action plans. For repeated and willful contractor violations, ICE could withhold payments, terminate contracts, and bar contractors from future work.

Lower commissary price caps for detainees

If enacted, this bill would cap prices in commissaries at immigration detention facilities. Essential items could not cost more than 5% above the vendor's net acquisition price. Nonessential items could not cost more than 35% above that vendor price. The bill defines essential items and gives examples like soap, toothpaste, menstrual products, diapers, basic undergarments, stamps, and writing supplies. States could keep stricter (lower) caps than these federal limits.

No extra commissary fees

If enacted, this bill would ban extra fees on commissary purchases at immigration detention facilities. Agencies and contractors could not charge service fees, commissions, or similar charges. The bill would also bar kickbacks and revenue sharing between commissary providers and agencies. It would not allow charging for items that laws or detention standards require to be provided free.

Refunds and detainee welfare fund

If enacted, this bill would require ICE to ensure detainees are refunded any commissary charge above the allowed markup. If a detainee was transferred or released, ICE would make reasonable efforts to refund them. Overcharges that cannot be returned would go into a Detainee Welfare Fund at the Treasury. That fund would pay for electronics, recreation, education items, and other programs that benefit detainees, and could not be used to meet detention standards or other legal requirements.

Sponsors & CoSponsors

Sponsor

Thanedar, Shri [D-MI-13]

MI • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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