Protect Culturally Sensitive Information Act

Protecting tribal culturally sensitive information

This bill would let Tribal Governments, Alaska Native entities, and Native Hawaiian Organizations mark records they give to federal agencies as "culturally sensitive." The designation could cover locations or attributes of sacred or burial sites, cultural items, or details of religious or cultural practices. It would apply to records already held by agencies and to new records. If enacted, designated records would be exempt from public release under FOIA and other laws except as the Act allows. Agencies would have to consult tribes about how to store the records and who may access them. At a tribe’s request, meetings about these topics could be closed and meeting records marked sensitive. Agency heads would need to issue rules within one year after enactment. If a court order or subpoena compels release, agencies would have to notify each applicable Tribal Government or Authorized Representative in writing within 3 business days and, to the maximum extent practicable, seek redaction, sealed filings, or in‑camera review to reduce harm.