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S. 5573Senate119th Congress (2025-2027)In Committee

Religious Education Fairness Act

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.

Sponsored by James LankfordSen. James Lankford (R-OK)
Introduced September 29, 2026

AI-Generated Summary

Updated October 9, 2026 at 3:41 AM UTC

The Religious Education Fairness Act changes the Higher Education Act so that theology, religious vocation, philosophy, and religious studies programs at colleges that qualify for a religious exemption under Title IX cannot be excluded from federal student‑aid eligibility because their graduates earn low incomes. The bill protects these programs and the students who enroll in them at religiously affiliated institutions.

Key Provisions

  • Amends Section 454(c) of the Higher Education Act to add a new paragraph (8) that exempts programs classified as "Theology and Religious Vocations" or "Philosophy and Religious Studies" from being deemed ineligible for Title IV aid based on low earning outcomes.
  • Inserts language stating that the exemption applies only to institutions that have the religious exemption under Title IX of the Education Amendments of 1972.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

September 29, 2026

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SenateIntro Referral

Introduced in Senate

September 29, 2026

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

September 29, 2026

Bill Text

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Introduced in SenateIssued September 29, 2026

II

119th CONGRESS

2d Session

S. 5573

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.

1.

Short title

This Act may be cited as the Religious Education Fairness Act.

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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