S. 5573 — Introduced in Senate

II 119th CONGRESS 2d Session S. 5573 IN THE SENATE OF THE UNITED STATES September 29, 2026Mr. 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). .