I 

114TH CONGRESS 

2D SESSION H. R. 5148 

To amend the Department of Education Organization Act and the Higher 

Education Act of 1965 to require publication of information relating 

to religious exemptions to the requirements of title IX of the Education 

Amendments of 1972, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2016 

Ms. CLARK of Massachusetts introduced the following bill; which was referred 

to the Committee on Education and the Workforce 

A BILL 

To amend the Department of Education Organization Act 

and the Higher Education Act of 1965 to require publication of information relating to religious exemptions 

to the requirements of title IX of the Education Amendments of 1972, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transparency in 

5 Taypayer-Funded Discrimination Act’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 5148 IH

1 SEC. 2. PUBLICATION ON WEBSITE OF THE DEPARTMENT 

2 OF EDUCATION. 

3 Section 203 of the Department of Education Organi4 zation Act (20 U.S.C. 3413) is amended by adding at the 

5 end the following: 

6 ‘‘(d) The Assistant Secretary for Civil Rights shall 

7 publish, on the Department’s website, information regard8 ing religious exemptions to the requirements of title IX 

9 of the Education Amendments of 1972 (20 U.S.C. 1681 

10 et seq.) in accord with this paragraph. Such information 

11 shall include a list naming each institution of higher edu12 cation that requests such an exemption, the name of each 

13 such institution that has received an exemption, and the 

14 nature and scope of that exemption (including each pro15 gram or activity covered by the exemption and the per16 sonal characteristics or behaviors to which the exemption 

17 applies).’’. 

18 SEC. 3. PUBLICATION ON WEBSITE OF EACH INSTITUTION 

19 OF HIGHER EDUCATION. 

20 Section 485 of the Higher Education Act of 1965 (20 

21 U.S.C. 1092) is amended by adding at the end the fol22 lowing: 

23 ‘‘(n) DISCLOSURE OF RELIGIOUS EXEMPTIONS TO

24 TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.— 

25 Each educational institution that requests or receives a 

26 religious exemption to the requirements of title IX of the 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 5148 IH

1 Education Amendments of 1972 (20 U.S.C. 1681 et seq.) 

2 shall publish on its website, in a prominent location, the 

3 following: 

4 ‘‘(1) REQUEST LETTER.—Each letter submitted 

5 by the educational institution to the Department to 

6 request such an exemption. 

7 ‘‘(2) EXEMPTION LETTER.—Each letter from 

8 the Department to the educational institution that 

9 grants or denies such an exemption. 

10 ‘‘(3) NOTICE OF REQUEST.—Notice that the 

11 educational institution has requested an exemption 

12 under section 901(a)(3) of the Education Amend13 ments of 1972 (20 U.S.C. 1681(a)(3)). 

14 ‘‘(4) NOTICE OF EXEMPTION.—If applicable, 

15 notice that the educational institution has received 

16 an exemption under section 901(a)(3) of the Edu17 cation Amendments of 1972 (20 U.S.C. 1681(a)(3)). 

18 ‘‘(5) COVERED PERSONAL CHARACTERISTICS OR

19 BEHAVIORS.—A list of the personal characteristics 

20 or behaviors to which each requested or granted ex21 emption applies. 

22 ‘‘(6) COVERED ACTIVITIES OR PROGRAMS.—A 

23 list of the activities or programs to which each ex24 emption applies. 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 5148 IH

1 ‘‘(7) STATEMENT OF RIGHTS.—The statement 

2 ‘Students continue to have rights under title IX of 

3 the Education Amendments of 1972. Any student 

4 who experiences discrimination may contact the Of5 fice for Civil Rights at the United States Depart6 ment of Education at lllll or lllll.’, 

7 with the first blank space being filled with a link to 

8 the website of the Office for Civil Rights and the 

9 second blank space being filled with the telephone 

10 number of the Office for Civil Rights.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS