Private Prison Information Act of 2021
Bill: S.3164 | Sponsor: Sen. Cardin, Benjamin L. (D-MD)
Policy area: Crime and Law Enforcement

Summary:
Private Prison Information Act of 2021
This bill specifies that a record related to a nonfederal prison, correctional, or detention facility must be considered a federal agency record for purposes of the Freedom of Information Act (FOIA).
A nonfederal prison, correctional, or detention facility must disclose information under FOIA unless the information is exempt from disclosure or the disclosure is prohibited by law.
The term nonfederal prison, correctional, or detention facility means (1) a private prison, correctional, or detention facility; or (2) a state or local prison, jail, or other correctional or detention facility.

To require non-Federal prison, correctional, and detention facilities 
   holding Federal prisoners or detainees 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Prison Information Act of 
2021''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``agency'' has the meaning given the term in 
        section 551 of title 5, United States Code;
            (2) the term ``applicable entity'' means--
                    (A) a nongovernmental entity contracting with, or 
                receiving funds directly or indirectly from, a covered 
                agency to incarcerate or detain Federal prisoners or 
                detainees in a non-Federal prison, correctional, or 
                detention facility; or
                    (B) a State or local governmental entity with an 
                intergovernmental agreement with a covered agency to 
                incarcerate or detain Federal prisoners or detainees in 
                a non-Federal prison, correctional, or detention 
                facility;
            (3) the term ``covered agency'' means an agency that 
        contracts with, or provides funds to, an applicable entity to 
        incarcerate or detain Federal prisoners or detainees in a non-
        Federal prison, correctional, or detention facility; and
            (4) the term ``non-Federal prison, correctional, or 
        detention facility'' means--
                    (A) a privately owned or privately operated prison, 
                correctional, or detention facility; or
                    (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-Federal 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 independent assessment 
        of the covered agency, reasonably 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
            (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 readily reproducible and reasonably searchable by 
the covered agency that contracts with or provides funds to the 
applicable entity to incarcerate or detain Federal prisoners or 
detainees in the non-Federal prison, correctional, or detention 
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 incarcerate or 
        detain Federal prisoners or detainees in a non-Federal prison, 
        correctional, or detention facility.
            (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 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 compliance 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.
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