Prohibiting Religious Exemption and Accommodations Databases Act
Bill: S.3902 | Sponsor: Sen. Marshall, Roger (R-KS)
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Prohibiting Religious Exemption and Accommodations Databases Act
This bill prohibits federal agencies from disclosing to other agencies or organizations any information relating to the religious beliefs, identity, or affiliation of an individual with a religious accommodation, including with respect to a COVID-19 vaccine requirement.
The bill specifically incorporates such information into the Privacy Act of 1974 (which restricts how agencies may disclose or share records that identify individuals in the absence of written consent) and exempts related records from disclosure under the Freedom of Information Act (which provides the public a right to access federal agency information).

To prohibit agencies from maintaining or sharing information relating 
           to religious affiliation, and for other purposes.

    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 ``Prohibiting Religious Exemption and 
Accommodations Databases Act''.

SEC. 2. SENSE OF THE SENATE.

    It is the sense of the Senate that--
            (1) the freedoms of the First Amendment to the Constitution 
        of the United States, including the right to free exercise of 
        religion, are among the pre-eminent blessings of liberty 
        guaranteed by the Constitution of the United States, and that 
        religious freedom need not be sacrificed in service to our 
        Government, but must be respected by law; and
            (2) immediate steps must be taken to prevent unwarranted 
        dissemination of information on religious exemptions or 
        accommodations sought or provided by or to any individual in 
        conformance with principles of both section 552a of title 5, 
        United States Code (commonly known as the ``Privacy Act of 
        1974''), in particular subsection (e)(7) of such section, as 
        well as the guidance issued by the Equal Employment Opportunity 
        Commission on December 14, 2021.

SEC. 3. MAINTENANCE OF INFORMATION RELATING TO RELIGIOUS 
              ACCOMMODATIONS.

    (a) Amendments to the Privacy Act of 1974.--Section 552a of title 
5, United States Code (commonly known as the ``Privacy Act of 1974'') 
is amended--
            (1) in subsection (a)(7)--
                    (A) by striking ``means, with'' and inserting ``--
                    ``(A) means, with'';
                    (B) in subparagraph (A), as so designated, by 
                adding ``and'' at the end; and
                    (C) by adding at the end the following:
                    ``(B) does not include the sharing, disclosure, or 
                dissemination of information concerning a religious 
                accommodation beyond the minimum necessary for the 
                purpose;'';
            (2) in subsection (c)(1)--
                    (A) in the matter preceding subparagraph (A), 
                strike ``except for disclosures made under subsections 
                (b)(1) or (b)(2) of this section,'';
                    (B) in subparagraph (A), by striking ``and'' at the 
                end;
                    (C) in subparagraph (B), by adding ``and'' at the 
                end; and
                    (D) by adding at the end the following:
                    ``(C) a disclosure made under subsection (b)(1) or 
                (b)(2) only if the disclosure concerns or describes how 
                any individual exercises rights guaranteed by the First 
                Amendment, including as related to a religious 
                accommodation under any Federal law;'';
            (3) in subsection (o), by adding at the end the following:
    ``(3) Notwithstanding any other provision of this Act, no record 
relating to the religious affiliation of an individual that is 
contained in a system of records may be disclosed to a recipient agency 
or non-Federal agency for use in a computer matching program.''; and
            (4) by adding at the end the following:
    ``(x) Religious Accommodation.--For purposes of subsection (e)(7), 
an individual voluntarily requesting, or providing any information 
relating to, any religious accommodation, including to a COVID-19 
vaccine requirement, shall not constitute an express authorization for 
an agency to maintain a record of any information related to the 
religious beliefs, identity, or affiliation of the individual.''.
    (b) FOIA Exemption.--Section 552(b) of title 5, United States Code 
(commonly known as the ``Freedom of Information Act'') is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) related to the religious affiliation of an 
        individual that is provided to or collected by an agency (as 
        defined in section 552a(a) of this title), including for 
        purposes of a religious accommodation to a COVID-19 vaccine 
        requirement.''.
    (c) Privacy of Information.--An agency (as defined in section 
552a(a) of title 5, United States Code (commonly known as the ``Privacy 
Act of 1974'')) that collects or is provided any information relating 
to the religious beliefs, identity, or affiliation of an individual for 
purposes of a religious accommodation, including to a COVID-19 vaccine 
requirement--
            (1) shall maintain and use the information--
                    (A) in a manner that protects the confidentiality 
                of the information and privacy of the individual to the 
                maximum extent practicable; and
                    (B) separate from any other record of an individual 
                relating to a religious exemption or accommodation 
                request; and
            (2) may not disclose the information with any person 
        outside of the agency, including any other Federal or non-
        Federal agency or private organization.
    (d) Rule of Construction.--Nothing in this Act or the amendments 
made by this Act shall be construed to impede or authorize a delay in 
the timely processing of a request made by an individual to an agency 
(as defined in section 552a(a) of title 5, United States Code (commonly 
known as the ``Privacy Act of 1974'')) for a religious accommodation.
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