I 

111TH CONGRESS 

1ST SESSION H. R. 2450 

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 

MAY 15, 2009 

Ms. JACKSON-LEE of Texas (for herself, Mr. PAYNE, Ms. KILPATRICK of 

Michigan, Mr. HOLDEN, Mr. DAVIS of Illinois, and Mr. MEEKS of New 

York) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Private Prison Infor5 mation Act of 2009’’. 


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1 SEC. 2. FREEDOM OF INFORMATION ACT APPLICABLE FOR 

2 CONTRACT PRISONS. 

3 (a) IN GENERAL.—Each applicable entity shall be 

4 subject to section 552 of title 5, United States Code (pop5 ularly known as the Freedom of Information Act), in the 

6 same manner as a Federal agency operating a Federal 

7 prison or other Federal correctional facility would be sub8 ject to such section of title 5, including— 

9 (1) the duty to release information about the 

10 operation of the non-Federal prison or correctional 

11 facility; and 

12 (2) the applicability of the exceptions and ex13 emptions available under such section. 

14 (b) REGULATIONS.—A Federal agency that contracts 

15 with, or provides funds to, an applicable entity to incar16 cerate or detain Federal prisoners in a non-Federal prison 

17 or correctional facility shall promulgate regulations or 

18 guidance to ensure compliance by the applicable entity 

19 with subsection (a). 

20 (c) NO FEDERAL FUNDS FOR COMPLIANCE.—No 

21 Federal funds may be used to assist applicable entities 

22 with compliance with this section or section 552 of title 

23 5, United States Code. 

24 (d) CIVIL ACTION.—Any party aggrieved by a viola25 tion of section 552 of title 5, United States Code, by an 

26 applicable entity, as such section is applicable to such an 


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1 entity in accordance with subsection (a), may, in a civil 

2 action, obtain appropriate relief against the applicable en3 tity for the violation. 

4 (e) DEFINITIONS.—In this section: 

5 (1) NON-FEDERAL PRISON OR CORRECTIONAL

6 FACILITY.— 

7 (A) IN GENERAL.—The term ‘‘non-Federal 

8 prison or correctional facility’’ includes any 

9 non-Federal facility described in subparagraph 

10 (B) that incarcerates or detains Federal pris11 oners pursuant to a contract or intergovern12 mental service agreement with— 

13 (i) the Federal Bureau of Prisons; 

14 (ii) Immigration and Customs En15 forcement; or 

16 (iii) any other Federal agency. 

17 (B) NON-FEDERAL FACILITIES.—A non18 Federal facility is— 

19 (i) a privately owned prison or other 

20 privately owned correctional facility; or 

21 (ii) a State or local prison, jail, or 

22 other correctional facility. 

23 (2) ENTITY.—The term ‘‘applicable entity’’ 

24 means— 


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1 (A) a nongovernmental entity contracting 

2 with, or receiving funds from, the Federal Gov3 ernment to incarcerate or detain Federal pris4 oners in a non-Federal prison or correctional 

5 facility; or 

6 (B) a State or local governmental entity 

7 with an intergovernmental service agreement 

8 with the Federal Government to incarcerate or 

9 detain Federal prisoners in a non-Federal pris10 on or correctional facility. 

Æ 


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