,,ii  #aafth ,,congress  #ast ,session  
,s4 #bggc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #e1  
#bjai,mr4 ,cardin 7for himself1 ,mr4    
,leahy1 ,mr4 ,wyden1 ,mr4 ,merkley1 ,mr4
 ,blumenthal1 ,mrs4 ,feinstein1 ,mr4    
,van ,hollen1 ,mr4 ,booker1 ,mr4        
,sanders1 ,ms4 ,harris1 ,mrs4           
,gillibrand1 ,mr4 ,casey1 ,ms4          
,klobuchar1 and ,ms4 ,warren7 introduced
 the following bill2 which was read     
twice and referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to require  
non-,federal prison1 correctional1 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 available4  #a4 ,short title ,this 
,act may be cited as the ,private       
,prison ,information ,act of #bjai4  #b4
 ,definitions ,in this ,act-- 7#a7 the  
term agency has the meaning given the   

term in section #eea of title #e1       
,united ,states ,code2  7#b7 the term   
applicable entity means-- 7,a7 a        
nongovernmental entity contracting with1
 or receiving funds directly or         
indirectly from1 a covered agency to    
incarcerate or detain ,federal prisoners
 or detainees in a non-,federal prison1 
correctional1 or detention facility2 or 
7,b7 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 prison1 
correctional1 or detention facility2    
7#c7 the term covered agency means an   
agency that contracts with1 or provides 
funds to1 an applicable entity to       
incarcerate or detain ,federal prisoners
 or detainees in a non-,federal prison1 
correctional1 or detention facility2 and
  7#d7 the term non-,federal prison1    
correctional1 or detention facility     
means-- 7,a7 a privately owned or       
privately operated prison1 correctional1

 or detention facility2 or  7,b7 a      
,state or local prison1 jail1 or other  
correctional or detention facility4  #c4
 ,freedom of ,information ,act          
applicable for contract prisons  7a7 ,in
 general ,a record relating to a        
non-,federal prison1 correctional1 or   
detention facility shall be--  7#a7     
considered an agency record for purposes
 of section #eeb7;f77#b7 of title #e1   
,united ,states ,code1 whether in the   
possession of an applicable entity or a 
covered agency2 and  7#b7 subject to    
section #eeb of title #e1 ,united       
,states ,code 7commonly known as the    
,freedom of ,information ,act71 to the  
same extent as if the record was        
maintained by an agency operating a     
,federal prison1 correctional1 or       
detention facility4  7b7 ,withholding of
 information ,a covered agency may not  
withhold information that would         
otherwise be required to be disclosed   
under subsection 7a7 unless--  7#a7 the 
covered agency1 based on the independent

 assessment of the covered agency1      
reasonably foresees that disclosure of  
the information would cause specific    
identifiable harm to an interest        
protected by an exemption from          
disclosure under section #eeb7;b7 of    
title #e1 ,united ,states ,code2 or     
7#b7 disclosure of the information is   
prohibited by law4  7c7 ,format of      
records ,an applicable entity shall     
maintain records relating to a          
non-,federal prison1 correctional1 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 prison1             
correctional1 or detention facility4    
7d7 ,regulations  7#a7 ,in general ,not 
later than #ahj days after the date of  
enactment of this ,act1 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
 prison1 correctional1 or detention     
facility4  7#b7 ,compliance by          
applicable entities  7,a7 ,in general   
,compliance with this section by an     
applicable entity shall be included as a
 material term in any contract1         
agreement1 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 prison1 correctional1 or  
detention facility4  7,b7 ,modification 
of contract or agreement ,not later than
 #a year after the date of enactment of 
this ,act1 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 7,a7 that will not         

otherwise be renegotiated1 renewed1 or  
modified before the date that is #a year
 after the date of enactment of this    
,act4  7e7 ,rule of construction        
,nothing in this ,act shall be construed
 to limit or reduce the scope of ,state 
or local open records laws4