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nonbinding mediation in accordance with the mediation 
process of section 1109.4 of title 49, Code of Federal Regula-
tions, as in effect on the date of enactment of the TRAIN 
Act. During such mediation process, the Board shall deter-
mine whether the consideration a rail carrier provided to 
a request was in good faith and whether the request from 
a provider of commuter rail passenger transportation was 
reasonable. The determinations made in the preceding sen-
tence shall have no effect on the nonbinding nature of the 
mediation.’’. 
SEC. 9403. SURFACE TRANSPORTATION BOARD MEDIATION 
OF RIGHTS-OF-WAY USE REQUESTS. 
Section 28503 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 28503. Surface Transportation Board mediation of 
rights-of-way use requests 
‘‘A rail carrier shall provide good faith consideration 
to a reasonable request from a provider of commuter rail 
passenger transportation for access to rail right-of-way for 
the construction and operation of a segregated fixed guide-
way facility. If, after a reasonable period of negotiation, 
a public transportation authority cannot reach agreement 
with a rail carrier to acquire an interest in a railroad 
right-of-way for the construction and operation of a seg-
regated fixed guideway facility to provide commuter rail 
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passenger transportation, the public transportation author-
ity or the rail carrier may apply to the Board for non-
binding mediation. In any case in which dispatching for 
the relevant trackage is controlled by a rail carrier other 
than the right-of-way owner, both shall be subject to the re-
quirements of this section and included in the Board’s me-
diation process. The Board shall conduct the nonbinding 
mediation in accordance with the mediation process of sec-
tion 1109.4 of title 49, Code of Federal Regulations, as in 
effect on the date of enactment of the TRAIN Act. During 
such mediation process, the Board shall determine whether 
the consideration a rail carrier provided to a request was 
in good faith and whether the request from a provider of 
commuter rail passenger transportation was reasonable. 
The determinations made in the preceding sentence shall 
have no effect on the nonbinding nature of the mediation.’’. 
TITLE V—RAIL SAFETY 
Subtitle A—Passenger and Freight 
Safety 
SEC. 9501. STUDY ON SAFETY IMPACT OF LONG TRAINS. 
(a) STUDY.—The Secretary of Transportation shall 
conduct a study on the safety impacts of the operation of 
long trains. 
(b) CONTENTS.—The study conducted under subsection 
(a) shall include— 
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(1) an examination of any potential risks of the 
operation of long trains and recommendations on 
mitigation of any such risks; 
(2) among other safety factors with respect to the 
operation of such trains, an evaluation of any— 
(A) potential risk of loss of communications 
between an end-of-train device, or a distributed 
power unit, and the locomotive cab, including 
communications over differing terrains and con-
ditions; 
(B) potential risk of loss of radio commu-
nications between crewmembers after a crew-
member alights from a train, including commu-
nications over differing terrains and conditions; 
(C) potential risk of derailments, including 
any risks associated with in-train compressive 
forces and slack action, or other safety risks in 
differing terrains and conditions; 
(D) changes in risks or benefits to safety as-
sociated with the deployment of multiple distrib-
uted power units in the consists of such trains; 
and 
(E) impacts of the length of trains on brak-
ing and locomotive performance and track wear 
and tear; and 
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(3) an evaluation of whether additional engineer 
and conductor training is required for safely oper-
ating such trains. 
(c) COLLABORATION.—In conducting the study re-
quired under subsection (a), the Secretary shall collaborate 
with railroad carriers, labor organizations representing 
railroad employees, and railroad safety technology manu-
facturers. 
(d) RESULTS OF STUDY.— 
(1) REPORT.—Not later than 24 months after the 
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report that contains— 
(A) the results of the study required by sub-
section (a); 
(B) any recommendations for mitigating 
safety risks caused by long trains; and 
(C) a description of any action the Sec-
retary intends to take to address any safety risk 
identified in the study. 
(2) SHARING STUDY RESULTS.—After submitting 
the report required by paragraph (1), the Secretary 
shall share the results of the study with railroad car-
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riers, labor organizations representing railroad em-
ployees, and safety technology organizations. 
(e) SECRETARY ACTION.—Not later than 180 days 
after the date on which the report required by subsection 
(d)(1) is submitted, the Secretary shall implement any pro-
posed actions described in such report. 
(f) DEFINITION.—In this section, the term ‘‘long train’’ 
means a freight train composed of more than 150 rail cars. 
(g) FUNDING.—From the amounts made available for 
fiscal year 2021 to carry out section 20117(a) of title 49, 
United States Code, the Secretary shall expend not less than 
$1,000,000 and not more than $2,000,000 to carry out this 
section. 
SEC. 9502. FRA SAFETY REPORTING. 
(a) IN GENERAL.—Section 20901 of title 49, United 
States Code, is amended by inserting ‘‘(including the train 
length, the number of crew members in the controlling loco-
motive cab, and the duties of such crew members)’’ after 
‘‘reported accident or incident’’. 
(b) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue such regulations as are necessary to carry 
out the amendment made by subsection (a). 
(c) TREND ANALYSIS.— 
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(1) IN
GENERAL.—Chapter 209 of title 49, 
United States Code, is amended by adding at the end 
the following: 
‘‘§ 20904. Trend analysis 
‘‘(a) ANNUAL REVIEW AND ANALYSIS.—Not later than 
1 year after the date of enactment of the TRAIN Act, and 
not less frequently than annually thereafter, the Secretary 
shall review the reports filed by a railroad carrier subject 
to section 20901(a) and analyze the data contained in such 
reports for trends or patterns of potential safety risks. 
‘‘(b) SECRETARY ACTION.—If the Secretary identifies 
any such trends or patterns, the Secretary shall— 
‘‘(1) take such actions as are necessary to ad-
dress the potential safety risk; and 
‘‘(2) if appropriate, communicate any such 
trends or patterns to a representative of any relevant 
railroad carrier and a representative of the employees 
of such railroad carrier, including any nonprofit em-
ployee labor organization representing a craft or class 
of employees subject to the potential safety risk.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 209 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘20904. Trend analysis.’’. 
(d) ACCIDENT AND INCIDENT REPORTING.—Section 
209 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 
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20901 note) is amended by inserting ‘‘, and other events 
required to be reported under part 225 of title 49, Code 
of Federal Regulations,’’ after ‘‘collisions and fatalities’’. 
SEC. 9503. WAIVER NOTICE REQUIREMENTS. 
Section 20103(d) of title 49, United States Code, is 
amended to read as follows: 
‘‘(d) NONEMERGENCY WAIVERS.— 
‘‘(1) IN GENERAL.—The Secretary may waive or 
suspend compliance with any part of a regulation 
prescribed or order issued under this chapter if the 
waiver or suspension is in the public interest and 
consistent with railroad safety. 
‘‘(2) NOTICE REQUIRED.—The Secretary shall— 
‘‘(A) provide timely public notice of any re-
quest for a waiver or suspension under this sub-
section; 
‘‘(B) make the application for such waiver 
or suspension and any related underlying data 
available to interested parties; 
‘‘(C) provide the public with notice and a 
reasonable opportunity to comment on a pro-
posed waiver or suspension under this subsection 
before making a final decision; and 
‘‘(D) make public the reasons for granting 
a waiver or suspension under this subsection. 
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‘‘(3) INFORMATION
PROTECTION.—Nothing in 
this subsection shall be construed to require the release 
of information protected by law from public disclo-
sure.’’. 
SEC. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY COM-
PLIANCE ASSESSMENTS. 
(a) INITIAL NOTICE.—If the Federal Railroad Admin-
istration initiates a comprehensive safety compliance as-
sessment of an entity providing regularly scheduled inter-
city or commuter rail passenger transportation, the Admin-
istration shall notify in electronic format the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate of such comprehensive safety 
compliance assessment not later than 10 business days after 
the date on which commencement of any field investigation 
activity that is part of such assessment occurs. 
(b) FINDINGS.—Not later than 180 days after comple-
tion of a comprehensive safety compliance assessment de-
scribed in subsection (a), the Federal Railroad Administra-
tion shall transmit in electronic format to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a summary report of the find-
ings of such assessment. 
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(c) DEFINITION OF COMPREHENSIVE SAFETY COMPLI-
ANCE ASSESSMENT.—In this section, the term ‘‘comprehen-
sive safety compliance assessment’’ means a focused review 
initiated and managed by the Federal Railroad Adminis-
tration based on findings from an accident investigation 
and involving at least 2 technical disciplines, with the pur-
pose of examining the compliance of an entity providing 
regularly scheduled intercity or commuter rail passenger 
transportation with safety standards. 
SEC. 9505. FRA ACCIDENT AND INCIDENT INVESTIGATIONS. 
Section 20902 of title 49, United States Code, is 
amended— 
(1) in subsection (b) by striking ‘‘subpena’’ and 
inserting ‘‘subpoena’’; 
(2) in subsection (c) by inserting ‘‘The Secretary 
shall develop a process to make available to a rep-
resentative of the railroad carrier that is the subject 
of an accident or incident investigation, and to a rep-
resentative of the employees of such railroad carrier, 
including a nonprofit employee labor organization 
representing railroad workers, a draft investigation 
report for timely review and comment.’’ after the pe-
riod at the end; and 
(3) by adding at the end the following: 
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‘‘(d) GATHERING INFORMATION AND TECHNICAL EX-
PERTISE.— 
‘‘(1) IN GENERAL.—The Secretary shall create a 
standard process for investigators to use during acci-
dent and incident investigations conducted under this 
section to— 
‘‘(A) gather information about an accident 
or incident under investigation from railroad 
carriers, contractors or employees of railroad 
carriers or representatives of employees of rail-
road carriers, and others determined relevant by 
the Secretary; and 
‘‘(B) consult with railroad carriers, contrac-
tors or employees of railroad carriers or rep-
resentatives of employees of railroad carriers, 
and others determined relevant by the Secretary, 
for technical expertise on the facts of the accident 
or incident under investigation. 
‘‘(2) CONFIDENTIALITY.—In developing the proc-
ess under paragraph (1), the Secretary shall factor in 
ways to maintain the confidentiality of any entity 
identified under paragraph (1) if— 
‘‘(A) such entity requests confidentiality; 
‘‘(B) such entity was not involved in the ac-
cident or incident; and 
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‘‘(C) maintaining such entity’s confiden-
tiality does not adversely affect an investigation 
of the Federal Railroad Administration. 
‘‘(3) APPLICATION
OF
LAW.—This subsection 
shall not apply to any investigation carried out by 
the National Transportation Safety Board.’’. 
SEC. 9506. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 20169. Freight train crew size safety standards 
‘‘(a) MINIMUM CREW SIZE.—No freight train may be 
operated unless such train has a 2-person crew comprised 
of at least 1 appropriately qualified and certified conductor 
and 1 appropriately qualified and certified locomotive engi-
neer. 
‘‘(b) EXCEPTIONS.—Except as provided in subsection 
(d), the prohibition in subsection (a) shall not apply in any 
of the following circumstances: 
‘‘(1) Train operations on track that is not a 
main track. 
‘‘(2) A train operated— 
‘‘(A) by a railroad carrier that has fewer 
than 400,000 total employee work hours annu-
ally and less than $40,000,000 annual revenue 
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(adjusted for inflation as measured by the Sur-
face Transportation Board Railroad Inflation- 
Adjusted Index); 
‘‘(B) at a speed of not more than 25 miles 
per hour; and 
‘‘(C) on a track with an average track grade 
of less than 2 percent for any segment of track 
that is at least 2 continuous miles. 
‘‘(3) Locomotives performing assistance to a 
train that has incurred mechanical failure or lacks 
the power to traverse difficult terrain, including trav-
eling to or from the location where assistance is pro-
vided. 
‘‘(4) Locomotives that— 
‘‘(A) are not attached to any equipment or 
attached only to a caboose; and 
‘‘(B) do not travel farther than 30 miles 
from the point of origin of such locomotive. 
‘‘(5) Train operations staffed with fewer than a 
two-person crew at least 1 year prior to the date of 
enactment of this section, if the Secretary determines 
that the operation achieves an equivalent level of safe-
ty. 
‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The excep-
tions under subsection (b) may not be applied to— 
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‘‘(1) a train transporting 1 or more loaded cars 
carrying high-level radioactive waste, spent nuclear 
fuel, or material toxic by inhalation; 
‘‘(2) a train carrying 20 or more loaded tank 
cars of a Class 2 material or a Class 3 flammable liq-
uid in a continuous block or a single train carrying 
35 or more loaded tank cars of a Class 2 material or 
a Class 3 flammable liquid throughout the train con-
sist; or 
‘‘(3) a train with a total length of 7,500 feet or 
greater. 
‘‘(d) WAIVER.—A railroad carrier may seek a waiver 
of the requirements of this section pursuant to section 
20103(d).’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘20169. Freight train crew size safety standards.’’. 
SEC. 9507. BORDER CROSSINGS. 
(a) BORDER CROSSINGS.—The Secretary of Transpor-
tation shall require that— 
(1) any railroad carrier that is operating a 
freight train across the southern border into the 
United States operates the train continually until the 
last car of the train passes through the scanning facil-
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ity used for nonintrusive inspection by U.S. Customs 
and Border Protection located at such border; 
(2) when the last car of such train passes 
through such facility, the railroad carrier shall stop 
such train to conduct a crew interchange and any 
federally-mandated safety testing; and 
(3) the railroad carrier ensures that the only in-
dividuals that operate such trains after carrying out 
the activities described in paragraph (2) are individ-
uals— 
(A) who are United States nationals or 
aliens lawfully admitted for permanent residence 
in the United States; and 
(B) whose primary reporting point is in the 
United States. 
(b) FUNDING.— 
(1) SET-ASIDE.—From the amounts made avail-
able to carry out section 22907 of title 49, United 
States Code, the Secretary shall set aside, for each of 
fiscal years 2022 through 2026, $60,000,000 for 
projects to prevent blocked crossing incidents as a re-
sult of operations made necessary by subsection (a). 
Projects eligible for funding under this paragraph 
are— 
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(A) highway-rail grade crossing separation 
projects eligible under such section that are lo-
cated not further than 1.5 miles from a scanning 
facility described in subsection (a)(1); and 
(B) projects eligible under such section to 
relocate a rail line to prevent blocked crossing 
incidents resulting from trains crossing the 
southern border. 
(2) UNOBLIGATED FUNDS.—Any funds provided 
under paragraph (1) that are unobligated at the end 
of the second fiscal year following the fiscal year in 
which such funds are set aside may be used for any 
eligible project under section 22907. 
(c) AGREEMENT.—The Secretary shall ensure that a 
recipient of funds made available under subsection 
(b)(1)(A) has a written agreement with any railroad car-
rier operating over the infrastructure constructed or im-
proved with such funds that includes a requirement that 
any such railroad carrier may not operate trains over such 
infrastructure that, due to the length of the train, are likely 
to cause blocked crossing incidents. 
(d) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed as amending any safety regulation of the 
Federal Railroad Administration or amending or revoking 
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any waivers such Administration has granted under section 
20103 of title 49, United States Code. 
(e) DEFINITIONS.—In this section: 
(1) RAILROAD
CARRIER.—The term ‘‘railroad 
carrier’’ has the meaning given such term in section 
20102 of title 49, United States Code. 
(2) SOUTHERN
BORDER.—The term ‘‘southern 
border’’ means the international border between the 
United States and Mexico. 
(3) BLOCKED
CROSSING
INCIDENT.—The term 
‘‘blocked crossing incident’’ has the meaning given 
such term in section 20173 of title 49, United States 
Code. 
SEC. 9508. YARDMASTERS HOURS OF SERVICE. 
(a) LIMITATIONS ON DUTY HOURS OF YARDMASTER 
EMPLOYEES.—Section 21103 of title 49, United States 
Code, is amended— 
(1) in the section heading by inserting ‘‘and 
yardmaster employees’’ after ‘‘train employ-
ees’’; 
(2) by inserting ‘‘or yardmaster employee’’ after 
‘‘train employee’’ each place it appears; and 
(3) in subsection (e) by inserting ‘‘or yardmaster 
employee’s’’ after ‘‘During a train employee’s’’. 
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(b) DEFINITIONS.—Section 21101 of title 49, United 
States Code, is amended— 
(1) in paragraph (3) by inserting ‘‘a yardmaster 
employee,’’ after ‘‘dispatching service employee,’’; and 
(2) by adding at the end the following: 
‘‘(6) ‘yardmaster employee’ means an individual 
responsible for supervising and coordinating the con-
trol of trains and engines operating within a rail 
yard.’’. 
(c) CONFORMING
AMENDMENT.—The analysis for 
chapter 211 of title 49, United States Code, is amended by 
striking the item relating to section 21103 and inserting 
the following: 
‘‘21103. Limitations on duty hours of train employees and yardmaster employ-
ees.’’. 
SEC. 9509. LEAKING BRAKES. 
(a) IN GENERAL.—The Administrator of the Federal 
Railroad Administration shall take such actions as are nec-
essary to prohibit the use of any service air brake control 
valve or emergency air brake control valve in any location 
north of the 37th parallel during the period beginning on 
November 1 and ending on March 31 of any year if— 
(1) the period between the date on which the air 
brake control valve is in use and the date of the man-
ufacture or recondition of such valve exceeds 15 years; 
and 
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(2) the air brake control valve is operated in— 
(A) a unit train on or after August 1, 2023; 
(B) a train transporting 1 or more mate-
rials poisonous by inhalation, as such term is 
defined in section 171.8 of title 49, Code of Fed-
eral Regulations, on or after August 1, 2023; or 
(C) a non-unit train on or after August 1, 
2025. 
(b) REPORTS.—Not later than 1 year after the date 
of enactment of this Act, and every year thereafter until 
air brake control valves described in subsection (a) are no 
longer operating in trains as required under subparagraphs 
(A) and (B) of subsection (a)(1), the Administrator shall 
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report that identifies— 
(1) the estimated number of such air brake con-
trol valves in use on— 
(A) unit trains operating north of the 37th 
parallel between November 1 and March 31; and 
(B) trains transporting 1 or more material 
poisonous-by-inhalation operating north of the 
37th parallel during the period beginning on No-
vember 1 and ending on March 31; 
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(2) any issues affecting the industry’s progress 
toward ensuring that such air brake control valves 
are phased out in accordance with the requirements 
of subsection (a); and 
(3) efforts the Administrator has taken since the 
previous report to ensure such air brake control valves 
are phased out in accordance with the requirements 
of subsection (a). 
(c) RULEMAKING.—If, after collecting data through a 
science-based methodology, the Administrator determines 
the prohibition under subsection (a) does not ensure a suffi-
cient level of safety, the Administrator may propose alter-
native actions in a rulemaking addressing the air brake 
control valves subject to this section. 
SEC. 9510. REPORT ON PTC SYSTEM FAILURES. 
Section 20157 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(m) REPORT OF SYSTEM FAILURES.—The Secretary 
shall require railroad carriers and other entities subject to 
subsection (a) to regularly report to the Administrator fail-
ures of positive train control systems. The Secretary shall 
prescribe the type of failure, format, interval, and detail 
required for reports submitted under this subsection.’’. 
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SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
shall issue final regulations on fatigue management plans 
based on the notice of proposed rulemaking published on 
December 22, 2020, titled ‘‘Fatigue Risk Management Pro-
grams for Certain Passenger and Freight Railroads’’ (85 
Fed. Reg. 83484; Docket No. FRA–2015–0122). 
(b) MONITORING.— 
(1) FATIGUE AS CAUSE OR CONTRIBUTING FAC-
TOR.—If a Federal Railroad Administration railroad 
accident or incident investigation conducted under 
section 20902 of title 49, United States Code, identi-
fies that fatigue was a casual or contributing factor 
to an accident or incident, the Secretary may reopen 
a fatigue management plan of a passenger railroad 
operation or a railroad subject to part 270 or part 
271, respectively, of title 49, Code of Federal Regula-
tions. 
(2) FATIGUE AS SYSTEMIC ISSUE.—If the Sec-
retary determines that fatigue is a systemic issue for 
a passenger railroad operation or railroad, the Sec-
retary shall reopen a fatigue management plan of 
such passenger railroad operation or a railroad sub-
ject to part 270 or part 271, respectively, of title 49, 
Code of Federal Regulations. 
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(3) REOPENING
OF
FATIGUE
MANAGEMENT 
PLAN.—If the Secretary reopens a fatigue manage-
ment plan under paragraph (1) or (2), the Secretary 
shall— 
(A) consider whether any statement filed 
under sections 270.208(e) and 271.207(e) of title 
49, Code of Federal Regulations, addressed such 
plan; and 
(B) consult with employees, including labor 
organizations representing railroad employees, of 
the passenger railroad operation or railroad that 
has a reopened fatigue management plan. 
SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20170. Assault prevention and response plans 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of the TRAIN Act, any entity that pro-
vides regularly scheduled intercity or commuter rail pas-
senger transportation shall submit to the Secretary of 
Transportation for review and approval an assault preven-
tion and response plan (in this section referred to as the 
‘Plan’) to address transportation assaults. 
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‘‘(b) CONTENTS OF PLAN.—The Plan required under 
subsection (a) shall include— 
‘‘(1) procedures that— 
‘‘(A) facilitate the reporting of a transpor-
tation assault, including the notification of on- 
site personnel, rail law enforcement, and local 
law enforcement; 
‘‘(B) personnel should follow up on the re-
porting of a transportation assault, including 
actions to protect affected individuals from con-
tinued assault; 
‘‘(C) may be taken to remove the passenger 
or personnel who has committed a transportation 
assault from the train or related area or facility 
as soon as practicable when appropriate; 
‘‘(D) include protections and safe reporting 
practices for passengers who may have been as-
saulted by personnel; and 
‘‘(E) may limit or prohibit, to the extent 
practicable, future travel with the entity de-
scribed in subsection (a) by any passenger or 
personnel who commits a transportation assault 
against personnel or passengers; 
‘‘(2) a policy that ensures an employee who is a 
victim or witness of a transportation assault may 
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participate in the prosecution of a criminal offense of 
such assault without any adverse effect on the victim’s 
or witnesses’ employment status; and 
‘‘(3) a process and timeline for conducting an 
annual review and update of the Plan. 
‘‘(c) NOTICE TO PASSENGERS.—An entity described 
under subsection (a) shall display onboard trains and in 
boarding areas, as appropriate, a notice stating the entity’s 
abilities to restrict future travel under subsection (b)(1)(E). 
‘‘(d) PERSONNEL
TRAINING.—An entity described 
under subsection (a) shall provide initial and annual train-
ing for all personnel on the contents of the Plan, including 
training regarding— 
‘‘(1) the procedures described in subsection (b); 
‘‘(2) methods for responding to hostile situations, 
including de-escalation training; and 
‘‘(3) rights and responsibilities of personnel with 
respect to a transportation assault on themselves, 
other personnel, or passengers. 
‘‘(e) PERSONNEL PARTICIPATION.—The Plan required 
under subsection (a) shall be developed and implemented 
with the direct participation of personnel, and, as applica-
ble, labor organizations representing personnel. 
‘‘(f) REPORTING.— 
‘‘(1) INCIDENT NOTIFICATION.— 
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