I 

114TH CONGRESS 

1ST SESSION H. R. 2470 

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 

MAY 20, 2015 

Ms. JACKSON LEE (for herself, Mr. RUSH, Mr. SCOTT of Virginia, Mr. JOHNSON of Georgia, Mr. NADLER, Mr. COHEN, Ms. LOFGREN, Mr. LEWIS, 

Mr. RANGEL, Mr. DANNY K. DAVIS of Illinois, Mr. CLAY, Mr. CUMMINGS, and Mr. CONYERS) 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Private Prison Infor3 mation Act of 2015’’. 

4 SEC. 2. FREEDOM OF INFORMATION ACT APPLICABLE FOR 

5 CONTRACT PRISONS. 

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

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

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

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

10 Code (popularly known as the Freedom of Information 

11 Act), in the same manner as records maintained by a Fed12 eral agency operating a Federal prison or other Federal 

13 detention facility would be subject to such section of title 

14 5, including— 

15 (1) the duty to release information about the 

16 operation of the non-Federal prison or detention fa17 cility; and 

18 (2) the applicability of the exceptions and ex19 emptions available under such section. 

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

21 with, or provides funds to, an applicable entity to incar22 cerate or detain Federal prisoners in a non-Federal prison 

23 or detention facility shall promulgate regulations or guid24 ance to ensure compliance by the applicable entity with 

25 subsection (a). 


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

2 Federal funds may be used to assist applicable entities 

3 with compliance with this section or section 552 of title 

4 5, United States Code. 

5 (d) CIVIL ACTION.—Any party aggrieved by a viola6 tion of section 552 of title 5, United States Code, by an 

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

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

9 action, obtain appropriate relief, including an award under 

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

11 the applicable entity for the violation. 

12 (e) DEFINITIONS.—In this section: 

13 (1) APPLICABLE ENTITY.—The term ‘‘applica14 ble entity’’ means— 

15 (A) a nongovernmental entity that directly 

16 or indirectly contracts with or receives funds 

17 from the Federal Government to incarcerate or 

18 detain Federal prisoners in a Contract Facility; 

19 or 

20 (B) a State or local governmental entity 

21 with a contract or intergovernmental service 

22 agreement with the Federal Government to in23 carcerate or detain Federal prisoners in a Con24 tract Facility. 


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

2 Facility’’ means a prison or other correctional or de3 tention facility that is— 

4 (A) owned or operated by a nongovern5 mental entity, a State, or a local government; 

6 and 

7 (B) incarcerates or detains Federal pris8 oners pursuant to a contract or intergovern9 mental agreement to which any Federal agency 

10 is a party. 

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

12 prisoner’’ means any person incarcerated, detained, 

13 or otherwise held under the custody, authority, or 

14 jurisdiction of any Federal agency or department. 

Æ 


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