HR 74

112th CONGRESS
1st Session

H. R. 74

To require non-Federal prisons and correctional facilities holding Federal prisoners under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to make available.

IN THE HOUSE OF REPRESENTATIVES

January 5, 2011

Ms. JACKSON LEE of Texas introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

To require non-Federal prisons and correctional facilities holding Federal prisoners under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to make available.

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 `Private Prison Information Act of 2011'.

SEC. 2. FREEDOM OF INFORMATION ACT APPLICABLE FOR CONTRACT PRISONS.

(a) In General- Each applicable entity shall be subject to section 552 of title 5, United States Code (popularly known as the Freedom of Information Act), in the same manner as a Federal agency operating a Federal prison or other Federal correctional facility would be subject to such section of title 5, including--

(1) the duty to release information about the operation of the non-Federal prison or correctional facility; and

(2) the applicability of the exceptions and exemptions available under such section.

(b) Regulations- A Federal agency that contracts with, or provides funds to, an applicable entity to incarcerate or detain Federal prisoners in a non-Federal prison or correctional facility shall promulgate regulations or guidance to ensure compliance by the applicable entity with subsection (a).

(c) No Federal Funds for Compliance- No Federal funds may be used to assist applicable entities with compliance with this section or section 552 of title 5, United States Code.

(d) Civil Action- Any party aggrieved by a violation of section 552 of title 5, United States Code, by an applicable entity, as such section is applicable to such an entity in accordance with subsection (a), may, in a civil action, obtain appropriate relief against the applicable entity for the violation.

(e) Definitions- In this section:

(1) NON-FEDERAL PRISON OR CORRECTIONAL FACILITY-

(A) IN GENERAL- The term `non-Federal prison or correctional facility' includes any non-Federal facility described in subparagraph (B) that incarcerates or detains Federal prisoners pursuant to a contract or intergovernmental service agreement with--

(i) the Federal Bureau of Prisons;

(ii) Immigration and Customs Enforcement; or

(iii) any other Federal agency.

(B) NON-FEDERAL FACILITIES- A non-Federal facility is--

(i) a privately owned prison or other privately owned correctional facility; or

(ii) a State or local prison, jail, or other correctional facility.

(2) ENTITY- The term `applicable entity' means--

(A) a nongovernmental entity contracting with, or receiving funds from, the Federal Government to incarcerate or detain Federal prisoners in a non-Federal prison or correctional facility; or

(B) a State or local governmental entity with an intergovernmental service agreement with the Federal Government to incarcerate or detain Federal prisoners in a non-Federal prison or correctional facility.

END