S.Amdt. 549

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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