[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10237 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10237
To 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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2024
Mrs. Ramirez (for herself, Mr. Grijalva, Ms. Velazquez, Ms. Norton, Ms.
Clarke of New York, Mr. Vargas, Mr. Goldman of New York, Ms. Bush, Mr.
McGovern, Mr. Garcia of Illinois, Mr. Correa, Mr. Menendez, Ms.
Barragan, 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 concerned
_______________________________________________________________________
A BILL
To 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.
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 ``CBP Guidance on Personal Belongings
Act''.
SEC. 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.
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