To improve section 2317.

SA 3633. Mr. NELSON (for himself and Mr. Coats) submitted an
amendment intended to be proposed to amendment SA 3464 submitted by Mr.
Thune (for himself and Mr. Nelson) to the bill H.R. 636, to amend the
Internal Revenue Code of 1986 to permanently extend increased expensing
limitations, and for other purposes; 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 ion 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 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 ion 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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