Private Prison Information Act of 2017

Bill: 115-hr-1980
Sponsor: full_name: Rep. Jackson Lee, Sheila [D-TX-18]
Introduced: 2017-04-06
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability

Correctional facilities and imprisonment

Detention of persons

Freedom of information

Intergovernmental relations

Public contracts and procurement

State and local government operations
Latest action: action_date: 2017-05-01
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2017-04-06
action_desc: Introduced in House
text: <p><strong></strong><b>Private Prison Information Act of <b>2017</b></b></p> <p> This bill specifies that a record related to a non-federal prison, correctional, or detention facility that incarcerates federal prisoners is subject to the Freedom of Information Act (FOIA) in the same manner as a record maintained by a federal prison or detention facility. </p> <p>A non-federal prison, correctional, or detention facility must disclose information under FOIA unless the information is exempt from disclosure or the disclosure is prohibited by law.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1980 IN THE HOUSE OF REPRESENTATIVES April 6, 2017 Ms. Jackson Lee 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. Short title This Act may be cited as the Private Prison Information Act of 2017 . 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 Federal 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 facility; and (2) the applicability of the exceptions and exemptions available under such section. (b) Regulations A Federal agency that contracts with, or provides funds to, an applicable entity to incarcerate or detain Federal prisoners in a non-Federal prison or detention facility shall promulgate regulations or guidance 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. (d) Civil Action Any party aggrieved by a violation 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 applicable 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 incarcerate or detain Federal prisoners in a Contract Facility. (2) Contract Facility The term Contract Facility means a prison or other correctional or detention facility that is— (A) owned or operated by a nongovernmental entity, a State, or a local government; and (B) incarcerates or detains Federal prisoners pursuant to a contract or intergovernmental 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.