S. 3902Senate117th Congress (2021-2023)In Committee

Prohibiting Religious Exemption and Accommodations Databases Act

Introduced March 22, 2022

AI-Generated Summary

Updated February 8, 2026 at 10:13 AM UTC

The Prohibiting Religious Exemption and Accommodations Databases Act aims to stop federal agencies from keeping or sharing any information about an individual’s religious affiliation or religious accommodation requests, including those related to COVID‑19 vaccine requirements. It amends the Privacy Act and the Freedom of Information Act to add new privacy protections and creates a FOIA exemption for such data. The bill affects all federal agencies that collect or store religious accommodation information and the individuals who provide that information.

Key Provisions

  • Amends the Privacy Act to forbid agencies from disclosing or sharing records of an individual’s religious affiliation or accommodation beyond what is minimally needed for the purpose.
  • Adds a new FOIA exemption that blocks public release of any information about an individual’s religious affiliation collected by an agency.
  • Requires agencies that receive religious accommodation information to keep it confidential, store it separately from other records, and not share it with other federal, non‑federal, or private entities.
  • Specifies that these privacy rules do not delay the processing of an individual’s request for a religious accommodation.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

March 22, 2022

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SenateIntro Referral

Introduced in Senate

March 22, 2022

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

March 22, 2022

Floor Debate

1 member

What members said about S. 3902 on the floor

1 Democrat
Barbara Lee
Rep. Barbara LeeD-CA-13 · Nov 17, 2022

Madam Speaker, when the Supreme Court voted to overturn Roe v. Wade, I was totally outraged. We knew that that day was coming, and as horrific as it was and is, we were ready. But I was not alone in…

Bill Text

Latest available legislative text

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Introduced in SenateIssued March 22, 2022

II

117th CONGRESS

2d Session

S. 3902

IN THE SENATE OF THE UNITED STATES

March 22, 2022

Mr. Marshall (for himself, Mr. Braun, Mr. Cruz, Mr. Daines, Mrs. Hyde-Smith, Mr. Inhofe, Mr. Lankford, Mr. Scott of Florida, Mr. Wicker, and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

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

1.

Short title

This Act may be cited as the Prohibiting Religious Exemption and Accommodations Databases Act.

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.

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.