IIA
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 Representa-
tives 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), com-
monly referred to as the ‘‘American Indian Religious Free-
dom 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 un-
certainty whether this religious practice would be
protected under the compelling State interest stand-
ard; and
‘‘(5) the lack of adequate and clear legal protec-
tion 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 In-
dian for bona fide traditional ceremonial purposes in con-
nection 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 discrimi-
nated against on the basis of such use, possession or
transportation, including, but not limited to, denial of oth-
erwise applicable benefits under public assistance pro-
grams.
‘‘(2) This section does not prohibit such reasonable
regulation and registration by the Drug Enforcement Ad-
ministration 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 enact-
ment of this section, insofar as those provisions pertain
to the cultivation, harvest, and distribution of peyote.
‘‘(4) Nothing in this section shall prohibit any Fed-
eral department or agency, in carrying out its statutory
responsibilities and functions, from promulgating regula-
tions establishing reasonable limitations on the use or in-
gestion of peyote prior to or during the performance of
duties by sworn law enforcement officers or personnel di-
rectly involved in public transportation or any other safe-
ty-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 pe-
yote by Indians while incarcerated within Federal or State
prison facilities.
‘‘(6) Subject to the provisions of the Religious Free-
dom 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 Free-
dom 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 rea-
sonable 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 In-
dian 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