[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5838 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5838

To require non-Federal prisons and detention facilities holding Federal 
    prisoners under a contract with the Federal Government to make 
  available to the public the same information pertaining to facility 
   operations and to prisoners held in such facilities that Federal 
    prisons and detention facilities are required to make available.


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                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2014

  Ms. Jackson Lee (for herself, Mr. Johnson of Georgia, Mr. Danny K. 
  Davis of Illinois, Mr. Thompson of Mississippi, Mr. Cohen, and Mr. 
   Nadler) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require non-Federal prisons and detention facilities holding Federal 
    prisoners under a contract with the Federal Government to make 
  available to the public the same information pertaining to facility 
   operations and to prisoners held in such facilities that Federal 
    prisons and detention 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 
2014''.

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

    (a) In General.--Records relating to the operation of a Contract 
Facility, and to prisoners held in Contract Facilities, that are in the 
possession of an 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 records maintained by a Federal 
agency operating a Federal prison or other Federal detention 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 detention 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 detention 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, including an 
award under subsection (a)(4)(E) of section 552 of such title 5, 
against the applicable entity for the violation.
    (e) Definitions.--In this section:
            (1) Applicable entity.--The term ``applicable entity'' 
        means--
                    (A) a nongovernmental entity that directly or 
                indirectly contracts with or receives funds from the 
                Federal Government to incarcerate or detain Federal 
                prisoners in a Contract Facility; or
                    (B) a State or local governmental entity with a 
                contract or intergovernmental service agreement with 
                the Federal Government to incarcerate or detain Federal 
                prisoners in a Contract Facility.
            (2) Contract facility.--The term ``Contract Facility'' 
        means a prison or other correctional or detention facility that 
        is--
                    (A) owned or operated by a nongovernmental entity, 
                a State, or a local government; and
                    (B) incarcerates or detains Federal prisoners 
                pursuant to a contract or intergovernmental agreement 
                to which any Federal agency is a party.
            (3) Federal prisoner.--The term ``Federal prisoner'' means 
        any person incarcerated, detained, or otherwise held under the 
        custody, authority, or jurisdiction of any Federal agency or 
        department.
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