Ammended S.724 goes to the Senate floor

06/19/03 00:00:00    

By Michael Mealling

From: “Enzi, press office (Enzi)”

Sent: Thursday, June 19, 2003 3:27 PM

Subject: Enzi-rocket bill

Washington, D.C. - The Senate Judiciary Committee passed legislation today sponsored by U.S. Sen. Mike Enzi, R-Wyo., that would shield some model rocket enthusiasts from Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations that have threatened the hobby.

Under the measure passed by the committee, rocketeers would be able to transport and purchase rocket motors that contain less than .9 pounds (409.5 grams) of APCP rocket propellant without being required to obtain a permit from the ATF. APCP, or Ammonium Perchlorate Composite Propellant, has been classified as an explosive by the ATF. Rocketeers contend that APCP is not an explosive and have taken the matter to court. The case is pending.

“Our country's law enforcement resources would be better utilized by seeking out real threats to our national security and safety instead of processing permits for kids who want to launch model rockets. ATF agents have better things to do. My bill as introduced, would have provided a complete exemption for model rocket hobbyists and that's what I prefer, but we are gaining ground by increasing the exemption to more than six times what the limit is now,” said Enzi. “I hope the House will build and improve on what we've started in the Senate.”

Before 1997, the ATF exempted APCP used for consumer rocket motors from the permits required for other substances on the explosives list. Since that time, only rocket motors with less than 62.5 grams of APCP have been exempt. Handlers of rocket motors that contained more than 62.5 grams of APCP were required to get permits to purchase and transport the motors between states. Now, with the passage of the Homeland Security Act, the permits are being applied to those who purchase and transport the motors greater than 62.5 grams within a state.

Enzi's bill as amended would also allow a person to store up to 25 pounds of APCP without a permit as long as each individual motor did not contain more than .9 pounds of APCP.

The committee voted 16-2 in favor of the amended S. 724. Senators Charles Schumer, D-N.Y., and Larry Craig, R-Idaho, voted against the bill. The bill will now be placed on the Senate calender and subject to consideration by the Senate as a whole on the Senate floor.

-end-

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Statement of Chairman Orrin G. Hatch

Before the United States Senate Committee on the Judiciary

Executive Business Meeting on

S. 724, A BILL TO EXEMPT CERTAIN

ROCKET PROPELLANTS FROM EXPLOSIVES PROHIBITIONS

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As I mentioned at last week's mark-up, we have been diligently working on a

substitute to S. 724 that strikes an appropriate balance between the

legitimate concerns of all parties. I will be offering a substitute on

behalf of myself and Senator Kohl that I believe does just that. The

original bill sponsored by Senator Enzi, and cosponsored by Senators Craig,

Sessions and Durbin, provided a blanket exemption for non-detonable rocket

propellant. Some Members of the Committee, along with the Department of

Justice, have expressed concerns with the blanket exemption. In drafting

this substitute language Senator Kohl and I - and I want to commend Senator

Kohl for working so diligently to craft this compromise - have very

carefully considered those concerns. I believe the compromise legislation I

offer today appropriately balances the interests of the rocket hobby with

those of our law enforcement community. In my view, it minimizes the burdens

on law-abiding citizens without jeopardizing the safety and security of our

nation.

Very briefly, the compromise places a limit at just under one pound on the

amount of the rocket propellant, APCP, one may purchase without a permit.

Further, it requires those who legally possess more than 25 pounds of the

propellant to store the material in a locked metal container. This storage

requirement comports with the International Fire Code - which has already

been or will soon be adopted by 33 states, including my own state of Utah.

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