Private Prison Information Act of 2023

HR 4133, the Private Prison Information Act of 2023, requires federal agencies (covered agencies) using private or state/local facilities to house federal prisoners to treat related records as agency records under the Freedom of Information Act (FOIA). This means information about conditions, operations, or contracts at these non-Federal facilities must be disclosed to the public under FOIA rules, just as if held by a federal prison. Private prison operators (applicable entities) and state/local governments with federal contracts must maintain these records in searchable formats and include FOIA compliance as a binding term in all relevant contracts. The bill explicitly prohibits agencies from withholding such information unless specific FOIA exemptions apply or law forbids disclosure. It does not override state or local open records laws.