115 STAT. 632 PUBLIC LAW 107-71—NOV. 19, 2001 Deadline. Regulations. Guidelines. 49 USC 40101 note. "(b) APPLICATION.—Subsection (a) shall not apply to— "(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or "(2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.". (b) CONFORMING AMENDMENT. —The chapter analysis for such chapter is amended by adding at the end the following: "44941. Immunity for reporting suspicious activities.". 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 Ein 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.— I f 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.— I f the Secretary grants authority under paragraph (1) for flight deck crew members to carry a less-thanlethal 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.". SEC. 127. MAIL AND FREIGHT WAIVERS. (a) IN GENERAL.—During a national emergency affecting air transportation or intrastate air transportation, the Secretary of Transportation, after consultation with the Transportation Security Oversight Board, may grant a complete or partial waiver of any restrictions on the carriage by aircraft of freight, mail, emergency medical supplies, personnel, or patients on aircraft, imposed by the Department of Transportation (or other Federal agency or department) that would permit such carriage of freight, mail, emergency medical supplies, personnel, or patients on flights, to, from, or within a State if the Secretary determines that— (1) extraordinary air transportation needs or concerns exist; and (2) the waiver is in the public interest, taking into consideration the isolation of and dependence on air transportation of the State.
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