[Congressional Record Volume 162, Number 53 (Thursday, April 7, 2016)]
[Senate]
[Pages S1822-S1823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3532. Mr. NELSON (for himself and Mr. Coats) submitted an 
amendment intended to be proposed by him to the bill H.R. 636, to amend 
the Internal Revenue Code of 1986 to permanently extend increased 
expensing limitations, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 204, strike line 21 and all that follows 
     through page 206, line 9, and insert the following:
       (a) Restrictions on Transportation of Lithium Batteries on 
     Aircraft.--
       (1) Adoption of icao instructions.--
       (A) In general.--Pursuant to section 828 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), 
     not later than 90 days after the date of enactment of this 
     Act, the Secretary of the Department of Transportation shall 
     conform United States regulations on the air transport of 
     lithium cells and batteries with the lithium cells and 
     battery requirements in the 2015-2016 edition of the 
     International Civil Aviation Organization's (referred to in 
     this subsection as ``ICAO'') Technical Instructions (to 
     include all addenda) including the revised standards adopted 
     by ICAO which became effective on April 1, 2016.
       (B) Further proceedings.--Beginning on the date the revised 
     regulations under subparagraph (A) are published in the 
     Federal

[[Page S1823]]

     Register, any lithium cell and battery rulemaking action or 
     update commenced on or after that date shall continue to 
     comply with the requirements under section 828 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 44701 note).
       (2) Review of other regulations.--Pursuant to section 828 
     of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
     44701 note), the Secretary of Transportation may initiate a 
     review of other existing regulations regarding the air 
     transportation, including passenger-carrying and cargo 
     aircraft, of lithium batteries and cells.
       (3) Medical device batteries.--
       (A) In general.--For United States applicants, the 
     Secretary of Transportation shall consider and either grant 
     or deny, within 45 days, applications submitted in compliance 
     with part 107 of title 49, Code of Federal Regulations for 
     special permits or approvals for air transportation of 
     lithium cells or batteries specifically used by medical 
     devices. Not later than 30 days after the date of 
     application, the Pipeline and Hazardous Materials Safety 
     Administration shall provide a draft special permit based on 
     the application to the Federal Aviation Administration. The 
     Federal Aviation Administration shall conduct an on-site 
     inspection for issuance of the special permit not later than 
     10 days after the date of receipt of the draft special permit 
     from the Pipeline and Hazardous Materials Safety 
     Administration.
       (B) Definition of medical device.--In this paragraph, the 
     term ``medical device'' has the meaning given the term 
     ``device'' in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321).
       (4) Savings clause.--Nothing in this section shall be 
     construed as expanding or constricting any other authority 
     the Secretary of Transportation has under section 828 of the 
     FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 
     note).
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