[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5087 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5087
To require non-Federal prison, correctional, and 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 correctional facilities are required to make
available.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2019
Mr. Clay introduced the following bill; which was referred to the
Committee on the Judiciary
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A BILL
To require non-Federal prison, correctional, and 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 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
2019''.
SEC. 2. DEFINITIONS.
In this Act--
(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. 3. 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 Act shall be construed
to limit or reduce the scope of State or local open records laws.
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