1.Reporting requirements
regarding coal or other mine safety
(a)Reporting mine
safety informationEach issuer that is required to file reports
pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m, 78o) and that is an operator, or that has a subsidiary that is an
operator, of a coal or other mine shall include, in each periodic report filed
with the Securities and Exchange Commission under the securities laws on or
after the date of enactment of this Act, the following information for the time
period covered by such report:
(1)For each coal or
other mine of which the issuer or a subsidiary of the issuer is an
operator—
(A)the total number
of violations of mandatory health or safety standards that could significantly
and substantially contribute to the cause and effect of a coal or other mine
safety or health hazard under section 104 of the Federal Mine Safety and Health
Act of 1977 (30 U.S.C. 814) for which the operator received a citation from the
Mine Safety and Health Administration;
(B)the total number
of orders issued under section 104(b) of such Act (30 U.S.C. 814(b));
(C)the total number
of citations and orders for unwarrantable failure of the mine operator to
comply with mandatory health or safety standards under section 104(d) of such
Act (30 U.S.C. 814(d));
(D)the total number
of flagrant violations under section 110(b)(2) of such Act (30 U.S.C.
820(b)(2));
(E)the total number
of imminent danger orders issued under section 107(a) of such Act (30 U.S.C.
817(a));
(F)the total dollar
value of proposed assessments from the Mine Safety and Health Administration
under such Act (30 U.S.C. 801 et seq.); and
(G)the total number
of mining-related fatalities.
(2)A list of such
coal or other mines, of which the issuer or a subsidiary of the issuer is an
operator, that receive written notice from the Mine Safety and Health
Administration of—
(A)a pattern of
violations of mandatory health or safety standards that are of such nature as
could have significantly and substantially contributed to the cause and effect
of coal or other mine health or safety hazards under section 104(e) of such Act
(30 U.S.C. 814(e)); or
(B)the potential to
have such a pattern.
(3)Any pending legal
action before the Federal Mine Safety and Health Review Commission involving
such coal or other mine.
(b)Reporting
shutdowns and patterns of violationsBeginning on and after the
date of enactment of this Act, each issuer that is an operator, or that has a
subsidiary that is an operator, of a coal or other mine shall file a current
report with the Securities and Exchange Commission on Form 8–K (or any
successor form) disclosing the following regarding each coal or other mine of
which the issuer or subsidiary is an operator:
(1)The receipt of an
imminent danger order issued under section 107(a) of the Federal Mine Safety
and Health Act of 1977 (30 U.S.C. 817(a)).
(2)The receipt of
written notice from the Mine Safety and Health Administration that the coal or
other mine has—
(A)a pattern of
violations of mandatory health or safety standards that are of such nature as
could have significantly and substantially contributed to the cause and effect
of coal or other mine health or safety hazards under section 104(e) of such Act
(30 U.S.C. 814(e)); or
(B)the potential to
have such a pattern.
(c)Nothing in this Act shall be construed to affect any
obligation of a person to make a disclosure under any other applicable law in
effect before, on, or after the date of enactment of this Act.
(d)
(1)A
violation by any person of this Act, or any rule or regulation of the
Securities and Exchange Commission issued under this Act, shall be treated for
all purposes in the same manner as a violation of the Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.) or the rules and regulations issued thereunder,
consistent with the provisions of this Act, and any such person shall be
subject to the same penalties, and to the same extent, as for a violation of
the Securities Exchange Act of 1934 or the rules or regulations issued
thereunder.
(2)The Securities and Exchange Commission is authorized
to issue such rules or regulations as are necessary or appropriate for the
protection of investors and to carry out the purposes of this Act.
(e)In
this Act—
(1)the terms
issuer and securities laws have the meaning given the
terms in section 3 of the Securities Exchange Act of 1934 (15 U.S.C.
78c);
(2)the term
coal or other mine
means a coal or other mine, as defined in
section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802),
that is subject to the provisions of such Act (30 U.S.C. 801 et seq.);
and
(3)the term
operator
has the meaning given the term in section 3 of the
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802).
(f)This Act shall take effect on the day that is 30 days after
the date of enactment of this Act.