S. 3450Senate111th Congress (2009-2011)In Committee

A bill to require publicly traded coal companies to include certain safety records in their reports to the Commission, and for other purposes.

Introduced May 27, 2010

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

May 27, 2010

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SenateIntro Referral

Introduced in Senate

May 27, 2010

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S4550-4551)

May 27, 2010

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

May 27, 2010

Floor Debate

9 members

What members said about S. 3450 on the floor

3 Republicans6 Democrats
Orrin G. Hatch
Sen. Orrin G. HatchR-UT · May 27, 2010

Mr. President, I rise today to introduce legislation designed to increase tax fairness for America's primary and secondary school teachers. Our public school teachers are some of the unheralded…

Jeff Bingaman
Sen. Jeff BingamanD-NM · May 27, 2010

Mr. President, I rise to introduce the Home Star Energy Retrofit Act of 2010 and to recognize the original cosponsors of the bill: Senator Warner, Senator Graham, Senator Snowe, Senator Sanders,…

Tom Udall
Sen. Tom UdallD-NM · May 27, 2010

Mr. President, I rise today to express support for S. 3307, the Healthy, Hunger-Free Kids Act of 2010, and to introduce two pieces of legislation that I hope will be included in the final…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · May 27, 2010

Mr. President, I am introducing today the proposed Post-9/ 11 Veterans Educational Assistance Improvements Act of 2010. This measure is designed to make a number of modifications to the new program…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · May 27, 2010

Mr. President, as Ranking Member of the Senate Committee on Small Business and Entrepreneurship, I rise today, during National Small business Week, along with my colleague Senator Cardin, to…

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Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 27, 2010

Mr. President, I rise today to introduce legislation designed to improve educational opportunities for struggling students. The All Students Achieving Through Reform Act, or All-STAR Act, would…

Harry Reid
Sen. Harry ReidD-NV · May 27, 2010

Mr. President, in 1935, President Franklin Delano Roosevelt signed the Rural Electrification Act to bring electricity to the sparsely-populated rural areas of our vast Nation. Today, with advances in…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · May 27, 2010

Mr. President, it is time to take mining companies' safety records out of the darkness and bring some much-needed transparency and accountability to the industry. Today, I am introducing legislation…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · May 27, 2010

Mr. President, it is time to take mining companies' safety records out of the darkness and bring some much-needed transparency and accountability to the industry. Today, I am introducing legislation…

Chuck Grassley
Sen. Chuck GrassleyR-IA · May 27, 2010

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 27, 2010

II

111th CONGRESS

2d Session

S. 3450

IN THE SENATE OF THE UNITED STATES

May 27 (legislative day, May 26), 2010

Mr. Rockefeller (for himself and Mr. Byrd) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To require publicly traded coal companies to include certain safety records in their reports to the Commission, and for other purposes.

1.

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 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 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 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)

Rule of construction

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)

Commission Authority

(1)

Enforcement

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)

Rules 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 Act.

(e)

Definitions

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)

Effective date

This Act shall take effect on the day that is 30 days after the date of enactment of this Act.