S.Amdt. 84

SA 84. Mrs. MURRAY submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REPORTING REQUIREMENT REGARDING SAFETY FOR OIL
WELLS, PETROCHEMICAL MANUFACTURING PLANTS, AND
PIPELINE CONSTRUCTION OR TRANSPORTATION
ENTITIES.

(a) In General.--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(a) or 78o(d)) and that
is, or that has a subsidiary that is, an operator of an oil
well or an operator of a petrochemical manufacturing plant or
pipeline construction or transportation entity shall include,
in each periodic report filed with the Securities and
Exchange Commission under the securities laws on and after
the date of enactment of this Act, the following information
for the time period covered by such report:
(1) For each oil well, petrochemical manufacturing plant,
or pipeline construction or transportation entity of which
the issuer or a subsidiary of the issuer is an operator--
(A) the total number of serious violations of mandatory
health or safety standards at an oil well, a petrochemical
manufacturing plant, or a pipeline transportation or
construction entity, including health hazard violations under
section 9 of the Occupational Safety and Health Act of 1970
(29 U.S.C. 658);
(B) the total number of citations issued, including
serious, willful, and repeated violations, under such
section;
(C) the total dollar value of proposed penalties to be
applied under such Act (29 U.S.C. 651 et seq.); and
(D) the total number of oil well, petrochemical
manufacturing plant, or pipeline construction or
transportation entity related fatalities involved.
(2) A list of oil wells, petrochemical manufacturing
plants, or pipeline construction or transportation entities
of which the issuer, or a subsidiary of the issuer, is an
operator, that receive written notice from the Occupational
Safety and Health Administration of willful, serious, and
repeated violations of mandatory health or safety standards
at an oil well, a petrochemical manufacturing plant, or a
pipeline construction or transportation entity, including
safety hazards under section 9 of such Act (29 U.S.C. 658).
(3) Any pending legal action before the Occupational Safety
and Health Review Commission, established under section 12 of
such Act (29 U.S.C. 661), involving an oil well, a
petrochemical manufacturing plant, or a pipeline construction
or transportation entity.
(b) Reporting Shutdowns and Patterns of Violations.--
Beginning on the effective date of this section, each issuer
that is, or that has a subsidiary that is, an operator of

[[Page S358]]

an oil well or an operator of a petrochemical manufacturing
plant or pipeline construction or transportation entity shall
file a current report with the Securities and Exchange
Commission on Form 8-K (or any successor form) disclosing the
following with respect to each oil well, petrochemical
manufacturing plant, or pipeline construction or
transportation entity of which the issuer or subsidiary is an
operator:
(1) The receipt of a citation issued under section 9 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 658).
(2) The receipt of a citation from the Occupational Safety
and Health Administration that the oil well, petrochemical
manufacturing plant, or pipeline construction or
transportation entity has--
(A) willfully or repeatedly violated mandatory health or
safety standards at an oil well, a petrochemical
manufacturing plant, or a pipeline construction or
transportation entity under such section; or
(B) the potential to have such a pattern or willful or
repeated violations.
(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 effective date of this section.
(d) Commission Authority.--
(1) Enforcement.--A violation by any person of this
section, or any rule or regulation of the Securities and
Exchange 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 the rules or
regulations issued thereunder.
(2) Rule and regulations.--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 section.
(e) Definitions.--In this section:
(1) Issuer; securities laws.--The terms ``issuer'' and
``securities laws'' have the meanings given such terms in
section 3 of the Securities Exchange Act of 1934 (15 U.S.C.
78c).
(2) Operator of an oil well.--The term ``operator of an oil
well'' means an operator as described in the 2012 North
American Industry Classification System code 213111.
(3) Petrochemical manufacturing plant.--The term
``petrochemical manufacturing plant'' means any entity
assigned the 2012 North American Industry Classification
System code 324, 213112, or 32511.
(4) Pipeline construction or transportation entity.--The
term ``pipeline construction or transportation entity'' means
an entity described in the 2012 North American Industry
Classification System code 23712 or 486.
(f) Effective Date.--This section shall take effect on the
day that is 30 days after the date of enactment of this Act.
______