[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 74 Introduced in House (IH)]

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

_______________________________________________________________________

                                 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.
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