Pub. L. 107-71, tit. I, sec. 126
LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS.
SEC. 126. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS. (a) National Institute of Justice Study.—The National Institute of Justice shall assess the range of less-than-lethal weaponry available for use by a flight deck crewmember temporarily to incapacitate an individual who presents a clear and present danger to the safety of the aircraft, its passengers, or individuals on the ground and report its findings and recommendations to the Secretary of Transportation within 90 days after the date of enactment of this Act. (b) Arming Flight Deck Crew.—Section 44903 of title 49, United States Code, is amended by adding at the end the following: “(h) Authority to Arm Flight Deck Crew With Less-Than-Lethal Weapons.— “(1) In general.—If the Secretary, after receiving the recommendations of the National Institute of Justice, determines, with the approval of the Attorney General and the Secretary of State, that it is appropriate and necessary and would effectively serve the public interest in avoiding air piracy, the Secretary may authorize members of the flight deck crew on any aircraft providing air transportation or intrastate air transportation to carry a less-than-lethal weapon while the aircraft is engaged in providing such transportation. “(2) Usage.—If the Secretary grants authority under paragraph (1) for flight deck crew members to carry a less-than-lethal weapon while engaged in providing air transportation or intrastate air transportation, the Secretary shall— “(A) prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and “(B) prescribe guidelines setting forth the circumstances under which such weapons may be used.”.