Page:United States Statutes at Large Volume 124.djvu/2245

 124 STAT. 2219 PUBLIC LAW 111–203—JULY 21, 2010 (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 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 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 sec- tion, 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 the rules or regulations issued thereunder. (2) RULES AND REGULATIONS.—The Commission is author- ized 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 Effective date.