Religious Education Fairness Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5573 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5573

 To amend the Higher Education Act of 1965 to provide that educational 
 programs classified as Theology and Religious Vocations or Philosophy 
and Religious Studies at educational institutions that qualify for the 
religious exemption under title IX of the Education Amendments of 1972 
 are not subject to ineligibility for title IV assistance based on low 
                           earning outcomes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2026

Mr. Lankford (for himself and Mr. Cruz) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To amend the Higher Education Act of 1965 to provide that educational 
 programs classified as Theology and Religious Vocations or Philosophy 
and Religious Studies at educational institutions that qualify for the 
religious exemption under title IX of the Education Amendments of 1972 
 are not subject to ineligibility for title IV assistance based on low 
                           earning outcomes.

    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 ``Religious Education Fairness Act''.

SEC. 2. PROTECTION OF RELIGIOUS EXERCISE.

    Section 454(c) of the Higher Education Act of 1965 (20 U.S.C. 
1087d(c)) is amended--
            (1) in paragraph (2), by striking ``An educational 
        program'' and inserting ``Except as provided in paragraph (8), 
        an educational program''; and
            (2) by adding at the end the following:
            ``(8) Protection of religious exercise.--An educational 
        program at an institution is not subject to this subsection if 
        the program is classified under the `Theology and Religious 
        Vocations' or `Philosophy and Religious Studies' under the 
        Classification of Instructional Programs maintained by the 
        National Center for Education Statistics at an institution that 
        qualifies for the religious exemption provided under section 
        901(a)(3) of the Education Amendments of 1972 and section 
        106.12(c) of title 34, Code of Federal Regulations (or a 
        successor regulation).''.
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