ROL NEWS--S.724 Status: Bill Stalled by Holds from Two Senators

S.724 Status: Bill Stalled by Holds from Two Senators September 16, 2003 Web posted at: 1:44 PM EDT

(ROL Newswire ) -- The following report for Monday, September 15, 2003, was provided by John Kyte, Congressional Liaison for the NAR and TRA.

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = As we head into the final months of the first session of the 108th Congress, the substitute Enzi bill, S. 724, is stalled in the U.S. Senate due to holds placed by Sens. Schumer (D-NY) and Lautenburg (D-NJ).

NAR/TRA met this week with the Chief of Staff and Chief Counsel to Senator Lautenburg. While the meeting was cordial, it was clear that there is little, if any, likelihood of persuading Sen. Lautenburg to remove his hold. His concerns are not necessarily with APCP being used to make a bomb, or with a terrorist actually delivering a payload with an amateur rocket, but with the potential "mayhem" that such a person could cause by misusing an amateur rocket or rocket propellant. A specific example given was a person launching two or three large amateur rockets in close proximity to Newark International Airport during a busy flight schedule, the theory being that such an act would cause widespread panic. Arguments about the low probability of such an event, its actual impact, the fact that such an act is already illegal, etc., were not persuasive. We were told that the mere potential for such an act warrants "heavy regulation regardless of the burden imposed" on individuals.

Several calls to Sen. Schumer's office have not produced a return call or meeting, but we have nonetheless gone to the Senator's office to provide them with a direct rebuttal to the ATF "views" letter sent to Sen. Hatch in June.

Sen. Enzi and his staff continue to seek opportunities to address the concerns of these two Senators. We will continue to work in close coordination with Sen. Enzi's office to assist his efforts, but prospects are slim at this time for moving the substitute S. 724 to the Senate floor. Floor time is a scarce resource, major legislative issues are in need of consideration, and the Majority Leader is hesitant to provide time for bill that is likely to be controversial and therefore consume precious floor time.

On the House side, NAR/TRA are working with staffers, who are drafting a bill for introduction. We have two Members of Congress ready to introduce the bill once it is ready, including an important Committee Chairman. That bill will seek to improve significantly on the amended S.

724 that was passed by the Senate Judiciary Committee.

The House bill will not seek a blanket exemption for APCP. The prospects of success for such an exemption are nonexistent at this time and developing Congressional support for such an exemption has proven difficult to date, meritorious arguments notwithstanding. We have been advised that the Chairman of the House Judiciary Committee, Rep. James Sensenbrenner (R-WI), will not support such an exemption. We continue to have discussions with Rep. Sensenbrenner and his staff on these issues. We also continue to investigate other potential administrative remedies with staff.

TRA and NAR recognize that these alternatives to a blanket exemption are imperfect and may be, in fact, far from where we would like to be. But, the law as of May 24th requires an ATF permit for anyone purchasing or storing a rocket motor or fuel grain larger that 62.5 grams. Therefore, we believe that the gains we are seeking are an improvement above the status quo, and that choosing to seek no improvements simply because we cannot get everything we want right now is unproductive.

Additionally, the paths we are pursuing are the only viable legislative paths available. Recent conversations with both Senate and House staff to key Members of Congress who are in positions of control on this issue confirm that no other proposals or approaches to providing either legislative or regulatory relief for hobby rocketry have been advanced, discussed or are under consideration. Legislation cannot move without the involvement of these key Members, and regulatory relief will also be subject to their review. Sen. Enzi's efforts remain focused on S. 724.

Finally, The California Space Authority, as well as many of its affiliated organizations in states across the country, are keenly interested in supporting legislation in the House, and have pledged their support to our efforts. We are also discussing cooperative work with other interested organizations and will continue those discussions as the fall session progresses.

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IMPORTANT: It is NOT necessary or helpful for rocketeers to take action at this time. ROL, NAR and TRA will inform members as soon as possible should letters, calls and/or faxes become necessary.

Source: John Kyte, Congressional Liaison for the NAR and TRA

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