S. 724

A bill to amend title 18, United States Code, to exempt certain rocket propellants from prohibitions under that title on explosive materials.

Latest
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 724 Reported in Senate (RS)]

Calendar No. 146
108th CONGRESS
1st Session
S. 724

To amend title 18, United States Code, to exempt certain rocket
propellants from prohibitions under that title on explosive materials.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 27, 2003

Mr. Enzi (for himself, Mr. Bennett, Mr. Inhofe, Mr. Coleman, Mr. Crapo,
Mr. Burns, Mr. Allard, Mr. Santorum, Ms. Murkowski, Mr. Domenici, Mr.
Sessions, Mr. Durbin, and Mr. Craig) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary

June 19, 2003

Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

A BILL

To amend title 18, United States Code, to exempt certain rocket
propellants from prohibitions under that title on explosive materials.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. EXEMPTION OF CERTAIN ROCKET PROPELLANTS FROM
CRIMINAL PROHIBITIONS ON EXPLOSIVE MATERIALS.</DELETED>

<DELETED>    (a) Non-Detonable Rocket Propellant Defined.--Section 841
of title 18, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(t) `Non-detonable rocket propellant' means any
material, chemical, or chemical mixture consisting of fuel and
oxidizer that provides thrust to a rocket, or generates hot,
high pressure gas for doing work in the actuation of various
power or mechanical devices, and is classified as a non-
explosive by the Department of Transportation or classified by
the Department of Transportation as a Class 1.3 Explosive or
lower.''.</DELETED>
<DELETED>    (b) Exemption.--Section 845(a) of that title is amended--
</DELETED>
<DELETED>    (1) in paragraph (5), by striking ``and'' at the
end;</DELETED>
<DELETED>    (2) in paragraph (6), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED>    (3) by adding at the end the following new
paragraph:</DELETED>
<DELETED>    ``(7) commercially manufactured black powder in
quantities not to exceed two pounds, safety and pyrotechnic
fuses, quick and slow matches, electric matches, igniters, or
non-detonable rocket propellant intended to be used in rockets
that do not carry any--</DELETED>
<DELETED>    ``(A) explosive, incendiary, or poison
gas;</DELETED>
<DELETED>    ``(B) bomb;</DELETED>
<DELETED>    ``(C) grenade;</DELETED>
<DELETED>    ``(D) explosive or incendiary charge of
more than three-quarter ounce;</DELETED>
<DELETED>    ``(E) mine; or</DELETED>
<DELETED>    ``(F) device similar to any device
referred to in subparagraphs (A) through
(E).''.</DELETED>
<DELETED>    (c) Effective Date.--(1) Subject to paragraph (2), the
amendments made by this section shall take effect on the date of the
enactment of this Act.</DELETED>
<DELETED>    (2) If the date of the enactment of this section is less
than 180 days after the date of the enactment of the Homeland Security
Act of 2002 (Public Law 107-296), the amendments made by this section
shall take effect immediately after the entry into effect of the
amendments made by section 1122 of that Act (116 Stat. 2280) pursuant
to subsection (i) of such section 1122 (116 Stat. 2283).</DELETED>

SECTION 1. EXEMPTION OF APCP USED AS MODEL ROCKET FUEL FROM CRIMINAL
PROHIBITIONS ON EXPLOSIVE MATERIALS.

(a) In General.--Section 845(a) of title 18, United States Code, is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) commercially manufactured black powder in quantities
not to exceed 2 pounds, safety and pyrotechnic fuses, quick and
slow matches, electric matches, igniters, or model rocket
motors containing no more than .9 pounds of ammonium
perchlorate composite propellant intended to be used in rockets
that do not carry any--
``(A) explosive, incendiary, or poison gas;
``(B) bomb;
``(C) grenade;
``(D) explosive or incendiary charge of more than
three-quarter ounce;
``(E) mine; or
``(F) device similar to any device referred to in
subparagraphs (A) through (E).''.
(b) Exemption Relating to Storage.--Section 842(j) of title 18,
United States Code, is amended by--
(1) inserting ``(1)'' after ``(j)''; and
(2) adding at the end the following:
``(2) Notwithstanding paragraph (1), a person who possesses
ammonium perchlorate composite propellants for purposes of powering
recreational model rockets may possess and store quantities not to
exceed 25 pounds of such propellants.''.

Calendar No. 146

108th CONGRESS

1st Session

S. 724

_______________________________________________________________________

A BILL

To amend title 18, United States Code, to exempt certain rocket
propellants from prohibitions under that title on explosive materials.

_______________________________________________________________________

June 19, 2003

Reported with an amendment