[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