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Shown Here: Introduced in House (01/05/2011)
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) 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.
