Text: H.R.5838 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Introduced in House (12/10/2014)


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.


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.