I 
113TH CONGRESS 
2D SESSION 
H. R. 5838 
To require non-Federal prisons and detention facilities holding Federal pris-
oners 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 Com-
mittee on the Judiciary 
A BILL 
To require non-Federal prisons and detention facilities hold-
ing Federal prisoners under a contract with the Federal 
Government to make available to the public the same 
information pertaining to facility operations and to pris-
oners held in such facilities that Federal prisons and 
detention facilities are required to make available. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Private Prison Infor-
mation Act of 2014’’. 
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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 Fed-
eral 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 fa-
cility; and 
(2) the applicability of the exceptions and ex-
emptions available under such section. 
(b) REGULATIONS.—A Federal agency that contracts 
with, or provides funds to, an applicable entity to incar-
cerate or detain Federal prisoners in a non-Federal prison 
or detention facility shall promulgate regulations or guid-
ance 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. 
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(d) CIVIL ACTION.—Any party aggrieved by a viola-
tion 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 ‘‘applica-
ble 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 in-
carcerate or detain Federal prisoners in a Con-
tract Facility. 
(2) CONTRACT FACILITY.—The term ‘‘Contract 
Facility’’ means a prison or other correctional or de-
tention facility that is— 
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(A) owned or operated by a nongovern-
mental entity, a State, or a local government; 
and 
(B) incarcerates or detains Federal pris-
oners pursuant to a contract or intergovern-
mental 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. 
Æ 
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