S 6456 CONGRESSIONAL RECORD — SENATE May 25, 1993 reported one reason that certain com­ I am pleased to join my colleagues cedures, and work with Native tradi­ panies were lagging behind was an from Massachusetts, Senators KERRY tional and tribal leaders to assure overreliance on automation. The arti­ and KENNEDY in introducing this legis­ minimal interference with the reli­ cle reported on the experience of a Fed­ lation. We have already been working gious practices of native people. In Au- eral-Mogul plant in Lancaster, PA, with the chairman of the Senate Com­ gust 1979, the Federal Agencies Task that was revamped in 1987 with state- merce Committee and the Departments Force charged with this responsibility of-the-art automation. But costs did of Commerce and Labor to have this submitted its report to Congress. not go down and the automation re­ legislation included in S. 4. For much The report concluded that due to ig­ duced the plant's flexibility. To im­ as it will take cooperation between norance and attitudes, Federal policies prove performance, the plant was re- workers and management to improve a and practices were directly or indi­ vamped again and most robots and pro­ firm's competitiveness—it will take rectly hostile toward native traditional duction-line computers were removed. the cooperation of the various branches religions or simply indifferent to their Of course not every firm has experi­ of Government to make sure that Fed­ religious values. The report cited 522 enced such problems. But the point is eral efforts directed to improve our Na­ specific examples of Government in­ that high-technology does not alone tion's international competitiveness fringement upon the free exercise of are effective.• traditional native American religious hold the answer for our Nation's future practices. commercial competitiveness. I saw By Mr. INOUYE (for himself, Mr. firsthand, as Pennsylvania's secretary The report documented the wide- BAUCUS, Mr. CAMPBELL, Mr. spread practice of denying native of labor and industry, the problems FEINGOLD, Mr. HATFIELD, Mr. American people access to sacred sites that were created by failing to take PELL, and Mr. WELLSTONE): on Federal land for the purpose of wor­ workers and the work organization S. 1021. A bill to assure religious free­ ship, and in cases where they did gain into account in efforts toward improve­ dom to native Americans; to the Com­ access, they were often disturbed dur­ ment. mittee on Indian Affairs. ing their worship by Federal officials As we consider legislation to imple­ NATIVE AMERICAN FREE EXERCISE OF RELIGION and the public. In addition, some sa­ ment the President's vision, we cannot ACT OF 1993 cred sites were needlessly put to other forget the human element of the manu­ Mr. INOUYE. Mr. President, I rise uses which have desecrated them. facturing process. Firms need to be en­ today to introduce legislation that is Native Americans have been denied couraged to improve their work place fundamental to the sovereignty of the the opportunity to gather natural sub- practices—not just add machines. Indians nations and which is in fur­ stances which have a sacred or reli­ We must make sure that any legisla­ therance of the policy established in gious significance, and have been dis­ tion: First, enables the Federal Gov­ the Joint Resolution American Indian turbed in their use of these natural ernment to help gather and promote Religious Freedom enacted by Congress substances. Finally, native American the best practices in the use of tech­ in 1978. For, Mr. President, what can be beliefs involving care and treatment nologies and associated work organiza­ more fundamental to sovereignty than for the dead have not been respected by tions; second, causes Government tech­ the free exercise of one's religion, one's public officials and restrictions have nology and training assistance to be culture, and one's traditions? been imposed by public institutions, diffused to firms in a coordinated man­ This measure is intended to address such as schools and prisons, on the ner; and, third, measures the success of in a comprehensive way, the rights of rights of native Americans to practice Federal technology policies in human native Americans to practice their tra­ their religious beliefs. terms, including job creation and ditional religions—a right that most The report made 5 legislative propos­ worker productivity. Americans take for granted—a right als and 11 recommendations to the The legislation I am introducing that has been denied to this Nation's Congress for proposed uniform adminis­ today, along with my colleagues. Sen­ first Americans. trative procedures to correct and re- ators KERRY and KENNEDY, would do Religious freedom is fundamental to move the identified barriers to Indian just that. We are introducing two our way of life. It served as the genesis religious freedom. With the exception pieces of legislation to make sure that for the founding of our Nation. Reli­ of one recommendation, which was par­ workers and work organization are gious freedom is critical and integral tially addressed in the Native Amer­ taken into account in Federal efforts to our concept of individual liberty. ican Graves Protection and Repatri­ to improve the international competi­ Sadly however, there has been a long ation Act regarding the theft and tiveness of American manufacturers. history in this country, of Government interstate transport of sacred objects, The workplace innovation amend­ suppression of traditional religions none of the proposals or recommenda­ ments, would amend the National Com­ practices by native Americans that is tions have been acted upon. petitiveness Act of 1993, to help firms unlike the manner in which any other Since the passage of the American and workers, in a coordinated fashion, religion in our Nation has been treated. Indian Religious Freedom Act in 1978, to take full advantage of advanced Mr. President, in 1978, Congress en- there have been a number of court rul­ manufacturing technology, to improve acted the American Indian Religious ings involving the rights of native productivity and quality, and to adopt Freedom Act (P.L. 95-341), in an effort Americans to engage in traditional re­ high-performance work organizations. to establish a policy that would reverse ligious practices. Two recent Supreme In addition, the amendments would this deplorable treatment. With the Court decisions have severely under- help create quality job opportunities passage of the act in 1978, it became mined the intent of the act and have by promoting research in, and dissemi­ the policy of the United States to pro­ denied protection under the first nation of, innovative workplace prac­ tect and preserve the right of American amendment for the unique and impor­ tices and promote labor-management Indian, Eskimo, Aleut, and native Ha­ tant religious beliefs of native Ameri­ cooperation. waiian people to believe, express, and cans. The Workers Technology Skill Devel­ exercise their traditional religions. In 1988, in a case known as Lyng ver­ opment Act would assist workers to be- While it was the intention of the Con­ sus Northwest Indian Cemetery Asso­ come full partners in the planning and gress to have these traditional reli­ ciation, the Supreme Court denied pro­ implementation of advanced workplace gious practices protected, this desired tection of a religious site on public technologies and advanced workplace result has not been accomplished. land. In so doing, the Court also re­ practices. It would authorize the De­ Pursuant to the provisions of the act jected the traditional first amendment partment of Labor to make grants to passed in 1978, in their actions, Federal test that the Government had to have improve the ability to workers, their agencies are required, by law, to re­ a compelling interest to infringe upon representatives and employers in these spect the customs, ceremonies, and tra­ the free exercise of religion. areas, and authorize the Department to ditions of native American religions. In 1990, the Supreme Court in Em­ identify, collect, and disseminate infor­ The act provided that within 1 year of ployment Division versus Smith denied mation on best workplace practices the law's enactment. Federal agencies protection of a native American church and workplace assessment tools. would examine their policies and pro- practitioner fired from his job for using May 25, 1993 CONGRESSIONAL RECORD — SENATE S 6457 peyote during a native American reli­ should first address the issue of spir­ American religious site, use and possession gious ceremony. The Supreme Court's ituality and tradition—the very soul of of sacred objects, and the freedom to worship rulings in Lyng and Smith have signifi­ most native American communities. It through ceremonials and traditional rites. cantly diminished constitutional and is essential for native American people SEC. 3. DEFINITIONS. statutory protection of native Amer­ across this country to be free to prac­ For the purposes of this Act, the following ican religious practices. Both of these definitions shall apply: tice their religious ceremonies and to (1) AGGRIEVED PARTY.—The term "ag­ decisions demonstrate that while the preserve their values and traditions for grieved party" means any Native American 1978 act is a sound statement of policy, future generations. practitioner, Native American traditional it requires enforcement authority. Mr. President, it is clear that there leader, Indian tribe, or Native Hawaiian or­ That authority is addressed in the must be a rebalancing of governmental ganization as defined by this Act. measure that I am introducing today. interests to assure the protection of (2) FEDERAL AGENCY.—The term "Federal Mr. President, the legislation reflects the free exercise of native American re­ agency" means any department, agency, or input from native Americans and af­ instrumentality of the Federal Government. ligions. The legislation I am introduc­ (3) FEDERAL OR FEDERALLY ASSISTED UN- firmatively addresses specific religious ing today would create this new bal­ DERTAKING.—The term "Federal or federally concerns and beliefs central to their ance.