FAITH Act
- Sponsor
- Rep. Self, Keith [R-TX-3]
- Committees
- Judiciary Committee (primary)
- Last action
- Apr 16, 2026
Bottom line
The FAITH Act criminalizes mandatory fees for religious participation and related denials of services, aiming to protect individuals from financial exploitation by religious groups while preserving voluntary donations.
What it actually does
This bill, the FAITH Act, establishes new federal criminal offenses for religious organizations or individuals who knowingly impose, assess, or collect mandatory fees for religious participation or membership, or who deny goods or services for nonpayment of such fees. It also makes these offenses predicate acts under the Racketeer Influenced and Corrupt Organizations (RICO) Act, enhancing potential penalties for organized criminal activity involving such fees. The bill explicitly protects voluntary contributions.
Proponents argue
Supporters argue that this bill is necessary to protect individuals from exploitative practices by certain religious organizations that coerce members into paying mandatory fees under threat of spiritual or social ostracization, or denial of essential services. They contend it upholds religious freedom by ensuring participation remains voluntary and free from financial duress, preventing abuses that can harm vulnerable populations. The inclusion of RICO provisions is seen as a way to target organized schemes.
Opponents contend
Critics might argue that this bill could infringe upon the autonomy of religious organizations to manage their internal financial affairs and define membership requirements, potentially violating the separation of church and state or the free exercise clause. They may contend that existing laws are sufficient to address fraud or coercion, and that federal intervention into the specific financial practices of religious groups could lead to overreach or unintended consequences, such as chilling legitimate fundraising efforts or creating a slippery slope for government regulation of religious institutions. Some might also argue that defining 'religious theology, denomination, or organization' could be problematic.
The bill is very short and straightforward, making it highly accessible for a reader to understand its core provisions quickly.
Section 2(a), adding 18 U.S.C. 251(a)
Criminalization of Mandatory Religious Participation Fees
This provision makes it a federal crime to knowingly demand or collect any mandatory fee, fine, surcharge, or other financial obligation from someone based on their involvement or non-involvement with a religious group. The penalties vary based on the amount of the financial obligation, with higher penalties for amounts exceeding $1,000, including imprisonment for up to 3 years and/or fines.
Supporters argue
Proponents argue this provision directly addresses a gap in federal law, protecting individuals, particularly vulnerable ones, from coercive financial demands by groups masquerading as religious organizations. They assert it reinforces the principle of voluntary religious association.
Critics contend
Opponents might argue this provision could be an overreach of federal power into the internal governance and financial practices of religious institutions, potentially violating First Amendment protections for religious freedom. They may also raise concerns about the definition of 'fee' versus 'voluntary contribution' and the potential for misinterpretation or abuse.
Tradeoffs
The bill balances protecting individuals from financial coercion with respecting the autonomy of religious organizations to manage their affairs. The tension lies in distinguishing legitimate, voluntary contributions from coercive, mandatory fees, and the potential for government entanglement in religious practices.
Section 2(a), adding 18 U.S.C. 251(b)
Prohibition on Denying Access Based on Nonpayment of Prohibited Fees
This provision makes it a federal crime to knowingly deny a person goods, services, access, or opportunities because they have not paid a fee that is prohibited under subsection (a). This aims to prevent religious groups from using essential services or community access as leverage for collecting mandatory payments, with penalties including imprisonment for up to 1 year and/or fines.
Section 2(a), adding 18 U.S.C. 251(c)
Clarification on Voluntary Contributions
This subsection explicitly states that the bill does not prevent religious organizations or educational institutions from asking for or receiving voluntary contributions from their members for internal purposes. This clarifies that the intent is to target mandatory fees, not legitimate fundraising or donations, thereby addressing potential First Amendment concerns.
Section 3
Inclusion as a RICO Predicate Offense
This section amends the Racketeer Influenced and Corrupt Organizations (RICO) Act to include violations of the new prohibition on religious participation fees as a predicate offense. This means that individuals or organizations engaging in a pattern of such prohibited fee collection could be prosecuted under RICO, which carries severe penalties and allows for civil remedies.