S5986 CONGRESSIONAL RECORD — SENATE August 2, 2012 

a matter of public concern or that relates a 

public official or figure. Once the motion is 

properly brought, the nonmovant must show 

that the lawsuit is supported by a prima 

facie showing of facts sufficient to sustain a 

favorable judgment. If the nonmovant fails 

to meet this burden, the lawsuit is dismissed 

with prejudice. 

Section 4202. Stay of Discovery. Upon filing of the special motion to dismiss, discovery is stayed absent good cause shown. If 

the motion is filed with respect to a cross 

claim or third-party claim, discovery is 

stayed only with respect to that claim. (This 

exception is made to prevent defendants 

from using the special motion to dismiss to 

affect litigation in which the complaint does 

not assert claims arising out of speech on 

public issues.) 

Section 4203. Governmental Litigation and 

Commercial Speech Exceptions. A special 

motion to dismiss may not be brought 

against a claim that is brought by the Federal government or a State Attorney General, or that arises out of speech offering or 

promoting the sale of the speaker’s goods or 

services. 

Section 4204. Interlocutory Appeal. Either 

side may bring an immediate appeal of the 

denial or grant of a special motion to dismiss. 

Section 4205. Special Motion to Quash. A 

party may move to quash a request to obtain 

the personally identifying information of a 

person that is made in relation to a legal 

claim arising out of speech on public issues. 

(E.g., a company seeks discovery from an 

ISP of the identity of persons posting unfavorable comments about the company’s 

goods or services on a blog.) If the motion to 

quash is properly brought, the nonmovant 

must show that the legal claim is supported 

by a prima facie showing of facts sufficient 

to sustain a favorable judgment. If the nonmovant fails to meet this burden, the request for personally identifying information 

is quashed. 

Section 4206. Removal. A state-court claim 

arising out of speech on public issues may be 

removed to federal court by a party that intends to file a special motion to dismiss the 

claim. Removal may not be requested on the 

basis of a cross claim or third-party claim. 

(This exception is made to prevent defendants from removing cases in which the complaint does not assert claims arising out of 

speech on public issues.) A proceeding to enforce discovery requesting personally identifying information may also be removed, but 

removal is limited to the discovery-enforcement proceeding. 

Section 4207. Fees, Costs, and Sanctions. A 

party that prevails on a special motion to 

dismiss or quash shall be entitled to reasonable attorneys fees and costs. Frivolous motions to dismiss or quash or remove shall be 

subject to sanctions. Fees may not be recovered by the government, or in cases that 

turn on the resolution of a novel legal question. 

By Mr. COCHRAN (for himself 

and Mr. WICKER): 

S. 3496. A bill to amend title XVIII of 

the Social Security Act to permit direct payment to pharmacies for certain 

compounded drugs that are prepared by 

the pharmacies for a specific beneficiary for use through an implanted 

infusion pump; to the Committee on 

Finance. 

Mr. COCHRAN. Mr. President, on 

May 13, 2011, the Centers for Medicare 

and Medicaid Services issued Change 

Request 7397 to stop compounding 

pharmacies that prepare medications 

used in implanted infusion pumps from 

billing Medicare directly for these 

services. This was an attempt to reverse a policy that has been permissible in several States for over 20 years. 

Since then, I have worked with Senator 

WICKER and other Members of Congress 

to delay the implementation of this 

change until its effects have been fully 

considered. 

This policy change has been met with 

opposition from pharmacies, physicians, and patients. In Mississippi, 

pharmacies are prohibited from selling 

infused pain medications to physicians, 

which would result in decreased access 

to effective treatments for chronic 

pain disorders. While this is a particular issue in my State, this policy 

change will have serious implications 

across the Nation. 

The Centers for Medicare and Medicaid Services has worked with us over 

the past year to delay this policy 

change and to propose a rule that is 

now receiving comments. However, 

CMS officials have continued to demonstrate a lack of understanding about 

the potential consequences of changing 

payment policy. We should protect 

practices that have been effective in 

treating patients and support those 

who supply drugs necessary for the 

well-being of patients. This bill would 

explicitly allow compounding pharmacies to bill Medicare directly for 

their services in the interest of helping 

patients continue to receive the quality care they deserve. 

By Mr. REID (for himself and Mr. 

MCCONNELL): 

S. 3510. A bill to prevent harm to the 

national security or endangering the 

military officers and civilian employees to whom internet publication of 

certain information applies, and for 

other purposes; considered and passed. 

Mr. REID. Mr. President, I ask unanimous consent that the text of the bill 

be printed in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD as follows: 

S. 3510 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. EFFECTIVE DATE DELAY. 

The STOCK Act (Public Law 112–105) is 

amended— 

(1) in section 8(a)(1), by striking ‘‘August 

31, 2012’’ and inserting ‘‘September 30, 2012’’; 

and 

(2) in section 11(a)(1), by striking ‘‘August 

31, 2012’’ and inserting ‘‘September 30, 2012’’. 

SEC. 2. IMPLEMENTATION OF PTR REQUIREMENTS UNDER STOCK ACT. 

Effective September 30, 2012, for purposes 

of implementing subsection (l) of section 103 

of the Ethics in Government Act of 1978 (as 

added by section 6 of the STOCK Act, Public 

Law 112–105) for reporting individuals whose 

reports under section 101 of such Act (5 

U.S.C. App. 101) are required to be filed with 

the Clerk of the House of Representatives, 

section 102(e) of such Act (5 U.S.C. App. 

102(e)) shall apply as if the report under such 

subsection (l) were a report under such section 101 but only with respect to the transaction information required under such subsection (l). 

By Mr. HOEVEN (for himself, Mr. 

CONRAD, Mr. BAUCUS, Mr. 

MCCONNELL, Mr. KOHL, Mr. 

PORTMAN, Ms. LANDRIEU, Mr. 

BOOZMAN, Mr. MANCHIN, Mr. 

BLUNT, Mr. WARNER, Mr. JOHNSON of Wisconsin, Mr. PRYOR, 

Mr. MORAN, Mrs. MCCASKILL, 

Mr. ALEXANDER, Mr. NELSON of 

Nebraska, Mr. TOOMEY, Mr. 

NELSON of Florida, Mr. GRAHAM, Mr. CASEY, Mr. THUNE, Mr. 

WEBB, and Mr. HATCH): 

S. 3512. A bill to amend subtitle D of 

the Solid Waste Disposal Act to facilitate recovery and beneficial use, and 

provide for the proper management and 

disposal, of materials generated by the 

combustion of coal and other fossil 

fuels; to the Committee on Environment and Public Works. 

Mr. HOEVEN. Mr. President, I rise 

today to introduce legislation on another matter, important energy legislation for our country. I am today introducing the Hoeven-Conrad-Baucus 

Coal Ash Recycling and Oversight Act 

of 2012. 

In my home State of North Dakota 

there is a large powerplant just north 

of the State capital in Bismarck. It is 

a coal creek power station. Now this 

power station generates 1,100 

megawatts of electricity every year. 

There are two 550 megawatt plants. It 

has the latest, greatest technology 

emission control and clean coal technology. They capture the steam that 

was formally exhausted from the plant. 

They capture that steam and use it to 

run an ethanol plant. They produce 

transportation fuel with steam, a byproduct of the electric generation process. 

One of the other things they do, instead of land filling the coal ash, fly 

ash, or coal residuals, they recycle. So, 

in essence, they take that coal ash— 

they work with a natural resource 

company, Headwaters, based out of 

Utah, and they turn the coal ash into a 

concrete product, FlexCrete. It is used 

to make roads, bridges, buildings, and 

also products like shingles. They make 

building materials. 

So whereas they used to take about 

600,000 tons a year of coal residuals and 

coal ash flash and landfill it, and it 

costs $6 a ton or so to landfill it, now 

they take that 600,000 tons a year of fly 

ash and residuals and turn it into 

building products. 

The difference instead of paying to 

dispose of something and now being 

paid to recycle something is about a 

$16 million a year revenue item for 

that plant. That means lower cost for 

electricity for businesses in States 

such as the great State of North Dakota and the great State of Minnesota 

and other States as well. It truly benefits our consumers, our families, and 

our economy. It benefits small businesses throughout the upper Midwest. 

So it is truly a great example of American ingenuity and innovation. 


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