S.Amdt. 3886

SA 3886. Mr. ROCKEFELLER (for himself and Mr. Byrd) submitted an
amendment intended to be proposed to amendment SA 3739 proposed by Mr.
Reid (for Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217,
to promote the financial stability of the United States by improving
accountability and transparency in the financial system, to end ``too
big to fail'', to protect the American taxpayer by ending bailouts, to
protect consumers from abusive financial services practices, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title IX, add the following:

SEC. 919C. REPORTING REQUIREMENTS REGARDING COAL OR OTHER
MINE SAFETY.

(a) Reporting Mine Safety Information.--Each 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 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) of such Act (30 U.S.C. 820(b));
(E) the total number of imminent danger orders issued under
section 107(a) of such Act (30 U.S.C. 817(a)); and
(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.).
(2) A list of such coal or other mines 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 Violations.--
Beginning 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 on Form 8-K (or any successor form), as
required by the Commission, 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) Rule of Construction.--Nothing in this section 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) Commission Authority.--
(1) Enforcement.--A violation by any person of this
section, or any rule or regulation of the Commission issued
under this section, 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
section, and any such person shall be subject to the same
penalties, and to the same extent, as for a violation of such
Act or such rules or regulations.
(2) Rules and regulations.--The 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 section.
(e) Definitions.--In this section--
(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).
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