[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Page S7672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4128. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

               TITLE VII--PRIVATE PRISON INFORMATION ACT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Private Prison Information 
     Act of 2018''.

     SEC. 702. DEFINITIONS.

       In this title--
       (1) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code;
       (2) the term ``applicable entity'' means--
       (A) a nongovernmental entity contracting with, or receiving 
     funds directly or indirectly from, a covered agency to 
     incarcerate or detain Federal prisoners or detainees in a 
     non-Federal prison, correctional, or detention facility; or
       (B) a State or local governmental entity with an 
     intergovernmental agreement with a covered agency to 
     incarcerate or detain Federal prisoners or detainees in a 
     non-Federal prison, correctional, or detention facility;
       (3) the term ``covered agency'' means an agency that 
     contracts with, or provides funds to, an applicable entity to 
     incarcerate or detain Federal prisoners or detainees in a 
     non-Federal prison, correctional, or detention facility; and
       (4) the term ``non-Federal prison, correctional, or 
     detention facility'' means--
       (A) a privately owned or privately operated prison, 
     correctional, or detention facility; or
       (B) a State or local prison, jail, or other correctional or 
     detention facility.

     SEC. 703. FREEDOM OF INFORMATION ACT APPLICABLE FOR CONTRACT 
                   PRISONS.

       (a) In General.--A record relating to a non-Federal prison, 
     correctional, or detention facility shall be--
       (1) considered an agency record for purposes of section 
     552(f)(2) of title 5, United States Code, whether in the 
     possession of an applicable entity or a covered agency; and
       (2) subject to section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act''), to 
     the same extent as if the record was maintained by an agency 
     operating a Federal prison, correctional, or detention 
     facility.
       (b) Withholding of Information.--A covered agency may not 
     withhold information that would otherwise be required to be 
     disclosed under subsection (a) unless--
       (1) the covered agency, based on the independent assessment 
     of the covered agency, reasonably foresees that disclosure of 
     the information would cause specific identifiable harm to an 
     interest protected by an exemption from disclosure under 
     section 552(b) of title 5, United States Code; or
       (2) disclosure of the information is prohibited by law.
       (c) Format of Records.--An applicable entity shall maintain 
     records relating to a non-Federal prison, correctional, or 
     detention facility in formats that are readily reproducible 
     and reasonably searchable by the covered agency that 
     contracts with or provides funds to the applicable entity to 
     incarcerate or detain Federal prisoners or detainees in the 
     non-Federal prison, correctional, or detention facility.
       (d) Regulations.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, a covered agency shall promulgate 
     regulations or guidance to ensure compliance with this 
     section by the covered agency and an applicable entity that 
     the covered agency contracts with or provides funds to 
     incarcerate or detain Federal prisoners or detainees in a 
     non-Federal prison, correctional, or detention facility.
       (2) Compliance by applicable entities.--
       (A) In general.--Compliance with this section by an 
     applicable entity shall be included as a material term in any 
     contract, agreement, or renewal of a contract or agreement 
     with the applicable entity regarding the incarceration or 
     detention of Federal prisoners or detainees in a non-Federal 
     prison, correctional, or detention facility.
       (B) Modification of contract or agreement.--Not later than 
     1 year after the date of enactment of this Act, a covered 
     agency shall secure a modification to include compliance with 
     this section by an applicable entity as a material term in 
     any contract or agreement described under subparagraph (A) 
     that will not otherwise be renegotiated, renewed, or modified 
     before the date that is 1 year after the date of enactment of 
     this Act.
       (e) Rule of Construction.--Nothing in this title shall be 
     construed to limit or reduce the scope of State or local open 
     records laws.
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