H. R. 4230

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

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
H. R. 4230—2

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 Restora- tion 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 Restora- tion 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.
H. R. 4230—3

‘‘(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.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.