[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4031 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4031

   To require prisons and other detention facilities holding Federal 
prisoners or detainees under a contract with the Federal Government to 
make the same information available to the public that Federal prisons 
          and detention facilities are required to do by law.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2006

 Mr. Lieberman introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To require prisons and other detention facilities holding Federal 
prisoners or detainees under a contract with the Federal Government to 
make the same information available to the public that Federal prisons 
          and detention facilities are required to do by law.

    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 
2006''.

SEC. 2. FREEDOM OF INFORMATION REQUIREMENT FOR CONTRACT PRISONS.

    (a) In General.--Each nongovernmental entity contracting with the 
Federal Government to incarcerate or detain Federal prisoners or 
detainees in a privately owned prison or other detention facility shall 
have the same duty to release information about the operation of that 
prison or detention facility as a Federal agency operating such a 
facility would have under section 552 of title 5, United States Code, 
commonly called the Freedom of Information Act.
    (b) Regulations.--A Federal agency that contracts with a 
nongovernmental entity to incarcerate or detain Federal prisoners or 
detainees in a privately owned prison or other detention facility shall 
promulgate regulations or guidance to ensure compliance by the 
nongovernmental entity.
    (c) Civil Action.--Any party aggrieved by a violation of the duty 
established in subsection (a) may, in a civil action, obtain 
appropriate relief against the nongovernmental entity operating the 
facility or against any other proper party.
    (d) Definition.--In this section, the term ``privately owned prison 
or other detention facility'' includes privately owned prisons or other 
detention facilities that incarcerate or detain prisoners or detainees 
pursuant to a contract with--
            (1) the Federal Bureau of Prisons;
            (2) Immigration and Customs Enforcement; or
            (3) any other Federal agency.
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