[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 549. Mr. REED (for himself and Mr. Sullivan) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. WING-IN-GROUND CRAFT.

       (a) Coast Guard Authority for Certain Wing-in-ground 
     Craft.--Section 3306 of title 46, United States Code, is 
     amended by adding at the end the following:
       ``(o) Authority for Certain Wing-in-ground Craft.--
       ``(1) Establishment of lead agency.--The Coast Guard shall 
     be the lead agency of jurisdiction for the regulation of 
     applicable wing-in-ground craft. The lead agency shall 
     supervise and coordinate the preparation of regulations, 
     permitting, licensing, and training documents or other 
     approvals or decisions relating to applicable wing-in-ground 
     craft and required by Federal law.
       ``(2) Interagency collaboration.--
       ``(A) Memorandum of understanding.--In carrying out this 
     subsection, not later than 1 year after the date of enactment 
     of this subsection, the Commandant and the Administrator of 
     the Federal Aviation Administration shall enter into a 
     memorandum of understanding. The memorandum of understanding 
     shall--
       ``(i) identify the specific roles of each agency; and
       ``(ii) provide procedures for, at a minimum, the following:

       ``(I) Approval of applicable wing-in-ground craft designs 
     and fabrication.
       ``(II) The operations, licensing and certification, 
     crewing, inspection, and maintenance of applicable wing-in-
     ground craft.
       ``(III) Other approvals or decisions relating to applicable 
     wing-in-ground craft.

       ``(B) Submission to congress.--The Commandant shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives the memorandum 
     of understanding entered into by the Coast Guard and Federal 
     Aviation Administration.
       ``(3) Clarification.--Nothing in this section shall be 
     construed to confer upon the Commandant the authority to 
     determine the impact of any civil aircraft operation on the 
     safety or efficiency of the national airspace system.
       ``(4) Definition of applicable wing-in-ground craft.--In 
     this subsection, the term `applicable wing-in-ground craft' 
     means a vessel that--
       ``(A) is capable of operating completely above the surface 
     of the water on a dynamic air cushion created by aerodynamic 
     lift due to the ground effect between the craft and the 
     water's surface; and
       ``(B) through design or technology limitations, is not 
     capable of sustained flight out of ground effect.''.
       (b) Exempting Certain Wing-in-ground Craft From the 
     Authority of the Federal Aviation Administration.--
       (1) In general.--Chapter 447 of title 49, United States 
     Code, is amended by inserting after section 44743 the 
     following:

     ``Sec. 44744. Exempting certain wing-in-ground craft from the 
       authority of the Federal Aviation Administration

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Federal Aviation Administration shall not regulate 
     an applicable craft that is operated solely on, under, or 
     over the high seas and waters subject to the jurisdiction of 
     the United States. For purposes of the preceding sentence, 
     the term `high seas and waters subject to the jurisdiction of 
     the United States' shall include land under or adjacent to 
     high seas and such waters that may be exposed at low tide, 
     including mud flats, sand bars, and marshes.
       ``(b) Consultation.--As necessary, the Federal Aviation 
     Administration shall consult with the Coast Guard, the lead 
     agency of the applicable craft, in the regulation, 
     permitting, licensing, and training documents or other 
     approvals or decisions of the applicable craft.
       ``(c) Definition of Applicable Craft.--In this section, the 
     term `applicable craft' means a craft that--
       ``(1) is capable of operating completely above the surface 
     of the water on a dynamic air cushion created by aerodynamic 
     lift due to the ground effect between the craft and the 
     water's surface;
       ``(2) through design or technology limitations, is not 
     capable of sustained flight out of ground effect; and
       ``(3) is regulated by the Coast Guard.
       ``(d) Clarification.--Nothing in this section shall be 
     construed to limit the authority of the Federal Aviation 
     Administration over aircraft other than an applicable craft, 
     including a wing-in-ground craft (as defined in section 2101 
     of title 46) that is capable of sustained flight out of 
     ground effect.''.
       (2) Clerical amendment.--The chapter analysis for chapter 
     447 of title 49, United States Code, is amended by inserting 
     after the item relating to section 44743 the following:

``44744. Exempting certain wing-in-ground craft from the authority of 
              the Federal Aviation Administration.''.
       (c) Special Rule Prohibiting the Secretary of 
     Transportation From Regulating Certain Wing-in-ground Craft 
     Operators as Air Carriers.--Notwithstanding any other 
     provision of law or regulation, except for operators of wing-
     in-ground-effect craft over which the Federal Aviation 
     Administration retains authority under section 44744 of title 
     49, United States Code, the Secretary of Transportation shall 
     not regulate an operator of a wing-in-ground-effect craft (as 
     defined in section 2101 of title 46) as an air carrier (as 
     such term is defined in section 40102(a) of title 49, United 
     States Code).
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