
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1996a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 1996a. Traditional Indian religious use of peyote


(a) Congressional findings and declarations

    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) Use, possession, or transportation of peyote

    (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 section and section 1996 of this title.
    (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 October 6, 1994, 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) [42 U.S.C. 2000bb et seq.], 
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) Definitions

    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) Protection of rights of Indians and Indian tribes

    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.

(Pub. L. 95-341, Sec. 3, as added Pub. L. 103-344, Sec. 2, Oct. 6, 1994, 
108 Stat. 3125.)

                       References in Text

    The Religious Freedom Restoration Act, referred to in subsec. 
(b)(6), (7), probably means the Religious Freedom Restoration Act of 
1993, Pub. L. 103-141, Nov. 16, 1993, 107 Stat. 1488, which is 
classified principally to chapter 21B (Sec. 2000bb et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 2000bb of this title and Tables.
    The Alaska Native Claims Settlement Act, referred to in subsec. 
(c)(2), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, 
which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title 
43, Public Lands. For complete classification of this Act to the Code, 
see Short Title note set out under section 1601 of Title 43 and Tables.
