[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6206 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 6206
To protect the confidentiality of culturally sensitive information.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2025
Ms. Leger Fernandez (for herself and Ms. Randall) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To protect the confidentiality of culturally sensitive information.
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 ``Protect Culturally Sensitive
Information Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to protect the confidentiality of culturally sensitive
information provided by Indian Tribes, Alaska Native Entities,
and Native Hawaiian Organizations to the Federal Government;
(2) to create a safe, respectful space for consultation
between the Federal Government and Indian Tribes, Alaska Native
Entities, and Native Hawaiian Organizations that encourages a
free-flowing exchange of information and ideas;
(3) to build trust, strengthen relationships, and expand
opportunities for costewardship between the Federal Government
and Indian Tribes, Alaska Native Entities, and Native Hawaiian
Organizations by ensuring that culturally sensitive information
provided to the Federal Government will be protected to the
maximum extent practicable;
(4) to advance repatriation of cultural items, including
human remains, under the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.); and
(5) to strengthen support for the policy of the United
States of protecting and preserving traditional, cultural, and
ceremonial rites and practices in accordance with Public Law
95-341 (commonly known as the American Indian Religious Freedom
Act) (42 U.S.C. 1996 et seq.).
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Alaska native entity.--The term ``Alaska Native
Entity'' means--
(A) a Native Corporation, as defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C.
1602); or
(B) an Alaska Native Association referenced in
section 7(a) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1606(a)), including respective successor
organizations.
(3) Authorized representative.--The term ``Authorized
Representative'' means a person authorized by an Alaska Native
Entity, Native Hawaiian Organization, or Tribal Government to
make determinations with respect to culturally sensitive
information on behalf of the Alaska Native Entity, Native
Hawaiian Organization, or Tribal Government.
(4) Cultural items.--The term ``cultural items'' has the
meaning given the term in section 2 of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001).
(5) Indian tribe.--The term ``Indian Tribe'' means any
Indian or Alaska Native Tribe, band, nation, pueblo, village,
or other community the name of which is included (including
parenthetically) on the list published by the Secretary of the
Interior pursuant to section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(6) Native hawaiian organization.--The term ``Native
Hawaiian Organization''--
(A) means an organization that--
(i) serves and represents the interests of
Native Hawaiians;
(ii) has as a primary and stated purpose
for the provision of services to Native
Hawaiians; and
(iii) has expertise in Native Hawaiian
affairs; and
(B) includes Native Hawaiian Organizations
registered with the Department of the Interior's Office
of Native Hawaiian Relations.
(7) Culturally sensitive information.--The term
``culturally sensitive information'' means information
described in section 4(a) that is subject to the disclosure
protections and handling requirements of this Act.
(8) Tribal government.--The term ``Tribal Government''
means the governing body of an Indian Tribe.
SEC. 4. PROHIBITION ON DISCLOSURE.
(a) Designation of Culturally Sensitive Information.--A Tribal
Government or an Authorized Representative may designate information
provided to any agency (including information shared with the agency
prior to the date of the enactment of this Act) relating to the
location or attributes of culturally or religiously significant sites
including burial sites, or to cultural items, or the existence or
details of cultural or religious practices, as culturally sensitive
information.
(b) Protection of Culturally Sensitive Information.--
(1) Handling of culturally sensitive information.--Any
agency that receives information designated as culturally
sensitive information under subsection (a) shall consult with
the appropriate Tribal Government or Authorized Representative
to determine--
(A) how the agency may store the information; and
(B) which other entities within the Federal
Government, if any, may have access to the information.
(2) Prohibition against public disclosure.--Except as
provided in paragraph (3), any information designated as
culturally sensitive information under subsection (a) is exempt
from disclosure under section 552(b)(3) of title 5, United
States Code (commonly known as the Freedom of Information Act),
and may not be made available to the public under any other
provision of law or in any Federal publication.
(3) Limited release of culturally sensitive information.--
(A) Compelled disclosure.--In the case of any
lawful order (including a subpoena) compelling an
agency to disclose culturally sensitive information in
its possession--
(i) the lawful order shall, to the extent
practicable, provide for the mitigation of any
potential adverse effect deriving from the
release of culturally sensitive information;
(ii) the agency shall, not later than 3
business days after such order takes effect--
(I) notify each applicable Tribal
Government or Authorized Representative
in writing of the intention of the
agency to comply with the order or
subpoena; and
(II) to the maximum extent
practicable, and in consultation with
the applicable Tribal Government or
Authorized Representative, mitigate the
potential adverse effect of releasing
the culturally sensitive information,
including by requesting that documents
be redacted, provided under seal, or
reviewed in camera; and
(iii) the court shall accord due deference
to any mitigation undertaken by the agency
under clause (ii)(II).
(B) Consent to disclosure.--In the absence of a
lawful order or subpoena compelling the release of
culturally sensitive information, the agency may
disclose information designated as culturally sensitive
information under subsection (a) only if each
applicable Tribal Government or Authorized
Representative consent to the disclosure in writing.
(c) Closed Consultations.--At the request of a Tribal Government or
an Authorized Representative, a consultation or communication that is
likely to involve discussion of the location or attributes of
culturally or religiously significant sites, or to cultural items, or
the existence or details of cultural or religious practices shall be
closed to the public, and all records created in relation to that
meeting shall be designated as culturally sensitive information.
(d) Best Practices.--The Secretary of the Interior, in consultation
with Indian Tribes, Alaska Native Entities, and Native Hawaiian
Organizations, shall establish guidelines for Federal agencies that
includes information to understand the significance of and best
practices to handle culturally sensitive information.
(e) Regulations.--
(1) Promulgation.--Not later than 1 year after the date of
enactment of this Act, except as provided in paragraph (2), the
head of each agency shall promulgate rules and regulations to
carry out this Act.
(2) Scope.--In carrying out paragraph (1), the head of an
agency with jurisdiction over other agencies may promulgate
rules and regulations on behalf of those other agencies.
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