(B) a State or local prison, jail, or other 
correctional or detention facility. 
SEC. 3. FREEDOM OF INFORMATION ACT APPLICABLE FOR 
CONTRACT PRISONS. 
(a) IN GENERAL.—A record relating to a non-Fed-
eral prison, correctional, or detention facility shall be— 
(1) considered an agency record for purposes of 
section 552(f)(2) of title 5, United States Code, 
whether in the possession of an applicable entity or 
a covered agency; and 
(2) subject to section 552 of title 5, United 
States Code (commonly known as the ‘‘Freedom of 
Information Act’’), to the same extent as if the 
record was maintained by an agency operating a 
Federal prison, correctional, or detention facility. 
(b) WITHHOLDING
OF INFORMATION.—A covered 
agency may not withhold information that would otherwise 
be required to be disclosed under subsection (a) unless— 
(1) the covered agency, based on the inde-
pendent assessment of the covered agency, reason-
ably foresees that disclosure of the information 
would cause specific identifiable harm to an interest 
protected by an exemption from disclosure under 
section 552(b) of title 5, United States Code; or 
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(2) disclosure of the information is prohibited 
by law. 
(c) FORMAT
OF RECORDS.—An applicable entity 
shall maintain records relating to a non-Federal prison, 
correctional, or detention facility in formats that are read-
ily reproducible and reasonably searchable by the covered 
agency that contracts with or provides funds to the appli-
cable entity to incarcerate or detain Federal prisoners or 
detainees in the non-Federal prison, correctional, or deten-
tion facility. 
(d) REGULATIONS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, a covered 
agency shall promulgate regulations or guidance to 
ensure compliance with this section by the covered 
agency and an applicable entity that the covered 
agency contracts with or provides funds to incar-
cerate or detain Federal prisoners or detainees in a 
non-Federal prison, correctional, or detention facil-
ity. 
(2) COMPLIANCE BY APPLICABLE ENTITIES.— 
(A) IN
GENERAL.—Compliance with this 
section by an applicable entity shall be included 
as a material term in any contract, agreement, 
or renewal of a contract or agreement with the 
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applicable entity regarding the incarceration or 
detention of Federal prisoners or detainees in a 
non-Federal prison, correctional, or detention 
facility. 
(B) MODIFICATION
OF
CONTRACT
OR 
AGREEMENT.—Not later than 1 year after the 
date of enactment of this Act, a covered agency 
shall secure a modification to include compli-
ance with this section by an applicable entity as 
a material term in any contract or agreement 
described under subparagraph (A) that will not 
otherwise be renegotiated, renewed, or modified 
before the date that is 1 year after the date of 
enactment of this Act. 
(e) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to limit or reduce the scope of State 
or local open records laws. 
Æ 
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