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

March 27, 2003

Mr. ENZI (for himself, Mr. Bennett, Mr. Inhofe, Mr. Coleman, Mr. Crapo, Mr. Burns, Mr. Allard, and Mr. Santorum) introduced the following bill, which was read twice and referred to the Committee on the Judiciary

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,

SECTION 1. EXEMPTION OF CERTAIN ROCKET PROPELLANTS FROM CRIMINAL PROHIBITIONS ON EXPLOSIVE MATERIALS.

(a) NON-DETONABLE ROCKET PROPELLANT DEFINED- Section 841 of title 18, United States Code, is amended by adding at the end the following:

`(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.'.

(b) EXEMPTION- Section 845(a) of that title 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 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--

`(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).'.

(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.

(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).

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