II 110th CONGRESS 1st Session S. 2010 IN THE SENATE OF THE UNITED STATES August 3, 2007 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.

1.

Short title

This Act may be cited as the Private Prison Information Act of 2007.

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.