I 
113TH CONGRESS 
1ST SESSION H. R. 3038 
To streamline the process of commercial space launch licensing and to estab-
lish demonstration projects involving the use of experimental aircraft 
in direct and indirect support of commercial space launch activities. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 2, 2013 
Mr. MCCARTHY of California (for himself and Mr. POSEY) introduced the fol-
lowing bill; which was referred to the Committee on Science, Space, and 
Technology 
A BILL 
To streamline the process of commercial space launch licens-
ing and to establish demonstration projects involving the 
use of experimental aircraft in direct and indirect sup-
port of commercial space launch activities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Suborbital and Orbital 
Advancement and Regulatory Streamlining Act’’ or the 
‘‘SOARS Act’’. 
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SEC. 2. COMMERCIAL SPACE LAUNCH LICENSING. 
Chapter 509 of title 51, United States Code, is 
amended— 
(1) by amending section 50902(6)(A) to read as 
follows: 
‘‘(A) activities involved in the preparation 
of a launch vehicle or element thereof, payload, 
crew (including crew training), or space flight 
participant (including space flight participant 
training) for launch; and’’; 
(2) by amending section 50904(d) to read as 
follows: 
‘‘(d) SINGLE LICENSE OR PERMIT.—The Secretary 
of Transportation— 
‘‘(1) shall ensure that only 1 license or permit 
is required from the Department of Transportation 
to conduct activities involving crew or space flight 
participants, including launch and reentry; 
‘‘(2) may authorize by license or permit flight 
of a launch or reentry vehicle, or element thereof, in 
support of a launch or reentry, even when the vehi-
cle or element is not being launched or reentered; 
and 
‘‘(3) shall ensure that all Department of Trans-
portation regulations relevant to the licensed or per-
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mitted activity are satisfied under a single license or 
permit.’’; and 
(3) in section 50906— 
(A) in subsection (e), by striking ‘‘sub-
orbital rocket design’’ and inserting ‘‘suborbital 
rocket or rocket design’’; and 
(B) by amending subsection (g) to read as 
follows: 
‘‘(g) A permit may be issued, and a permit that has 
already been issued shall remain valid for the uses de-
scribed in subsection (d), for a particular reusable sub-
orbital rocket or rocket design after a license has been 
issued for the launch or reentry of a rocket of that de-
sign.’’. 
SEC. 3. DEMONSTRATION PROJECT. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish and implement, under the Office of 
Commercial Space Transportation, a demonstration 
project under chapter 509 of title 51, United States Code, 
to evaluate the benefits of using experimental aircraft for 
both the direct and indirect support of commercial space 
launch and reentry activities. 
(b) DURATION AND SCOPE.— 
(1) DURATION.—Beginning not later than 90 
days after the date of enactment of this Act, the 
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Secretary of Transportation shall conduct the dem-
onstration project for a period of not less than 3 
years. 
(2) SCOPE.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Transportation shall enroll not less than 8 com-
mercial businesses involved in direct and indi-
rect support of commercial space launch activi-
ties, with at least 1 business designated for 
each Department of Transportation-licensed 
commercial space launch facility. 
(B) TYPES OF ACTIVITIES.—Such commer-
cial space launch support activities may include 
revenue-producing activities and the use of 
former military aircraft or vehicles designated 
as experimental by the Department of Trans-
portation. 
(C) REDEPLOYMENT.—After a period of 6 
months from the beginning of the demonstra-
tion program, the Secretary of Transportation 
shall determine if there are any Department of 
Transportation-licensed launch facilities that do 
not have a commercial company participating 
with them in the demonstration project and 
shall redeploy that demonstration allocation to 
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any other licensed launch facilities that are in-
terested in expanding their participation to a 
second (or more) demonstration project com-
pany. 
(3) LIABILITY COVERAGE.—During the period 
of the demonstration program, liability of partici-
pating commercial businesses for damages resulting 
from participation in the demonstration program 
shall be limited to actual losses incurred. 
(4) PAYMENT.—There will be no fees charged 
by the Department of Transportation to either li-
censed launch facilities or commercial businesses 
participating in this demonstration project. 
(5) WAIVER
AUTHORITY.—The Secretary of 
Transportation may waive such requirements or lim-
itations of chapter 509 of title 51, United States 
Code, as may be necessary to carry out the dem-
onstration project. 
(6) STUDY AND REPORT TO CONGRESS.— 
(A) INTERIM EVALUATION AND REPORT.— 
No sooner than 1 year and not later than 2 
years after the date of enactment of this Act, 
the Secretary of Transportation shall submit to 
Congress a report that contains an interim eval-
uation of the positive and negative impact of 
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the demonstration project on the United States 
commercial space transportation industry, any 
planned changes to the demonstration project, 
and an initial assessment of whether the dura-
tion of the demonstration project should be ex-
tended. 
(B) FURTHER
EVALUATION
AND
RE-
PORT.—Not later than 6 months after the date 
of completion of the demonstration project or 2 
years after the most recent prior report, the 
Secretary of Transportation shall submit to 
Congress a report that contains the following: 
(i) An updated evaluation of the im-
pact of the demonstration project on the 
United States commercial space transpor-
tation industry. 
(ii) An analysis of the benefits and 
costs of continuing, restarting, expanding, 
or making permanent the demonstration 
project, including any proposed changes to 
the project. 
(iii) The Secretary’s recommendation 
regarding continuing, restarting, expand-
ing, or making permanent the demonstra-
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tion project, based on the analysis under 
clause (ii). 
(iv) Options for Congress to provide 
any additional legislative or regulatory au-
thority which may be required to imple-
ment clause (iii). 
(7) TEMPORARY EXTENSIONS.—If, at any time 
after the first two years of the demonstration 
project, the Secretary’s most recent report to Con-
gress has stated that the demonstration project is 
succeeding in advancing the purposes of chapter 509 
of title 51, United States Code, and that the dura-
tion of the demonstration project should be ex-
tended, then the Secretary is authorized to extend 
the project for a period of up to two years per exten-
sion, without restriction, effective 30 days after writ-
ten notification to the Congress of the extension. 
(c) DEFINITIONS.—In this section: 
(1) DEMONSTRATION
PROJECT.—The term 
‘‘demonstration project’’ means the demonstration 
project conducted under this section. 
(2) INDIRECT SUPPORT OF COMMERCIAL SPACE 
LAUNCH ACTIVITIES.—The term ‘‘indirect support of 
commercial space launch activities’’ shall include 
pilot, crew, and passenger evaluation, preparation, 
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and training, payload testing and preparation, and 
any other activities deemed necessary by the com-
mercial space launch company participating in the 
demonstration project to prepare for, or execute, a 
commercial suborbital or orbital launch. 
Æ 
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