[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4230 Referred in Senate (RFS)]
103d CONGRESS
2d Session
H. R. 4230
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 9 (legislative day, August 8), 1994
Received; read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
AN ACT
To amend the American Indian Religious Freedom Act to provide for the
traditional use of peyote by Indians for religious purposes, and for
other purposes.
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 ``American Indian Religious Freedom
Act Amendments of 1994''.
SEC. 2. TRADITIONAL INDIAN RELIGIOUS USE OF THE PEYOTE SACRAMENT.
The Act of August 11, 1978 (42 U.S.C. 1996), commonly referred to
as the ``American Indian Religious Freedom Act'', is amended by adding
at the end thereof the following new section:
``Sec. 3. (a) The Congress finds and declares that--
``(1) for many Indian people, the traditional ceremonial
use of the peyote cactus as a religious sacrament has for
centuries been integral to a way of life, and significant in
perpetuating Indian tribes and cultures;
``(2) since 1965, this ceremonial use of peyote by Indians
has been protected by Federal regulation;
``(3) while at least 28 States have enacted laws which are
similar to, or are in conformance with, the Federal regulation
which protects the ceremonial use of peyote by Indian religious
practitioners, 22 States have not done so, and this lack of
uniformity has created hardship for Indian people who
participate in such religious ceremonies;
``(4) the Supreme Court of the United States, in the case
of Employment Division v. Smith, 494 U.S. 872 (1990), held that
the First Amendment does not protect Indian practitioners who
use peyote in Indian religious ceremonies, and also raised
uncertainty whether this religious practice would be protected
under the compelling State interest standard; and
``(5) the lack of adequate and clear legal protection for
the religious use of peyote by Indians may serve to stigmatize
and marginalize Indian tribes and cultures, and increase the
risk that they will be exposed to discriminatory treatment.
``(b)(1) Notwithstanding any other provision of law, the use,
possession, or transportation of peyote by an Indian for bona fide
traditional ceremonial purposes in connection with the practice of a
traditional Indian religion is lawful, and shall not be prohibited by
the United States or any State. No Indian shall be penalized or
discriminated against on the basis of such use, possession or
transportation, including, but not limited to, denial of otherwise
applicable benefits under public assistance programs.
``(2) This section does not prohibit such reasonable regulation and
registration by the Drug Enforcement Administration of those persons
who cultivate, harvest, or distribute peyote as may be consistent with
the purposes of this Act.
``(3) This section does not prohibit application of the provisions
of section 481.111(a) of Vernon's Texas Health and Safety Code
Annotated, in effect on the date of enactment of this section, insofar
as those provisions pertain to the cultivation, harvest, and
distribution of peyote.
``(4) Nothing in this section shall prohibit any Federal department
or agency, in carrying out its statutory responsibilities and
functions, from promulgating regulations establishing reasonable
limitations on the use or ingestion of peyote prior to or during the
performance of duties by sworn law enforcement officers or personnel
directly involved in public transportation or any other safety-
sensitive positions where the performance of such duties may be
adversely affected by such use or ingestion. Such regulations shall be
adopted only after consultation with representatives of traditional
Indian religions for which the sacramental use of peyote is integral to
their practice. Any regulation promulgated pursuant to this section
shall be subject to the balancing test set forth in section 3 of the
Religious Freedom Restoration Act (Public Law 103-141; 42 U.S.C.
2000bb-1).
``(5) This section shall not be construed as requiring prison
authorities to permit, nor shall it be construed to prohibit prison
authorities from permitting access to peyote by Indians while
incarcerated within Federal or State prison facilities.
``(6) Subject to the provisions of the Religious Freedom
Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1), this section
shall not be construed to prohibit States from enacting or enforcing
reasonable traffic safety laws or regulations.
``(7) Subject to the provisions of the Religious Freedom
Restoration Act (Public Law 103-141; 42 U.S.C. 2000bb-1), this section
does not prohibit the Secretary of Defense from promulgating
regulations establishing reasonable limitations on the use, possession,
transportation, or distribution of peyote to promote military
readiness, safety, or compliance with international law or laws of
other countries. Such regulations shall be adopted only after
consultation with representatives of traditional Indian religions for
which the sacramental use of peyote is integral to their practice.
``(c) For purposes of this section--
``(1) the term `Indian' means a member of an Indian tribe;
``(2) the term `Indian tribe' means any tribe, band,
nation, pueblo, or other organized group or community of
Indians, including any Alaska Native village (as defined in, or
established pursuant to, the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), which is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians;
``(3) the term `Indian religion' means any religion--
``(A) which is practiced by Indians, and
``(B) the origin and interpretation of which is
from within a traditional Indian culture or community;
and
``(4) the term `State' means any State of the United
States, and any political subdivision thereof.
``(d) Nothing in this section shall be construed as abrogating,
diminishing, or otherwise affecting--
``(1) the inherent rights of any Indian tribe;
``(2) the rights, express or implicit, of any Indian tribe
which exist under treaties, executive orders, and laws of the
United States;
``(3) the inherent right of Indians to practice their
religions; and
``(4) the right of Indians to practice their religions
under any Federal or State law.''.
Passed the House of Representatives August 8, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.