H.R. 6206

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6206 Introduced in House (IH)]

<DOC>

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.
<all>