I 

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. 

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 2014’’. 


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1 SEC. 2. FREEDOM OF INFORMATION ACT APPLICABLE FOR 

2 CONTRACT PRISONS. 

3 (a) IN GENERAL.—Records relating to the operation 

4 of a Contract Facility, and to prisoners held in Contract 

5 Facilities, that are in the possession of an applicable entity 

6 shall be subject to section 552 of title 5, United States 

7 Code (popularly known as the Freedom of Information 

8 Act), in the same manner as records maintained by a Fed9 eral agency operating a Federal prison or other Federal 

10 detention facility would be subject to such section of title 

11 5, including— 

12 (1) the duty to release information about the 

13 operation of the non-Federal prison or detention fa14 cility; and 

15 (2) the applicability of the exceptions and ex16 emptions available under such section. 

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

18 with, or provides funds to, an applicable entity to incar19 cerate or detain Federal prisoners in a non-Federal prison 

20 or detention facility shall promulgate regulations or guid21 ance to ensure compliance by the applicable entity with 

22 subsection (a). 

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

24 Federal funds may be used to assist applicable entities 

25 with compliance with this section or section 552 of title 

26 5, United States Code. 


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1 (d) CIVIL ACTION.—Any party aggrieved by a viola2 tion of section 552 of title 5, United States Code, by an 

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

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

5 action, obtain appropriate relief, including an award under 

6 subsection (a)(4)(E) of section 552 of such title 5, against 

7 the applicable entity for the violation. 

8 (e) DEFINITIONS.—In this section: 

9 (1) APPLICABLE ENTITY.—The term ‘‘applica10 ble entity’’ means— 

11 (A) a nongovernmental entity that directly 

12 or indirectly contracts with or receives funds 

13 from the Federal Government to incarcerate or 

14 detain Federal prisoners in a Contract Facility; 

15 or 

16 (B) a State or local governmental entity 

17 with a contract or intergovernmental service 

18 agreement with the Federal Government to in19 carcerate or detain Federal prisoners in a Con20 tract Facility. 

21 (2) CONTRACT FACILITY.—The term ‘‘Contract 

22 Facility’’ means a prison or other correctional or de23 tention facility that is— 


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1 (A) owned or operated by a nongovern2 mental entity, a State, or a local government; 

3 and 

4 (B) incarcerates or detains Federal pris5 oners pursuant to a contract or intergovern6 mental agreement to which any Federal agency 

7 is a party. 

8 (3) FEDERAL PRISONER.—The term ‘‘Federal 

9 prisoner’’ means any person incarcerated, detained, 

10 or otherwise held under the custody, authority, or 

11 jurisdiction of any Federal agency or department. 

Æ 


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