instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bucket Drowning Prevention Act of 
1993.''

SEC. 2. LABELING STANDARD REQUIREMENTS.

    On October 1, 1994, or 240 days after the date of the enactment of 
this title, whichever first occurs, there is established and effective 
a consumer product safety standard under section 9 of the Consumer 
Product Safety Act (15 U.S.C. 2058), to eliminate or reduce the risk of 
injury or death resulting from infants falling into 4-gallon to 6-
gallon buckets containing liquid. Such standard, when established, 
shall require straight sided or slightly tapered, open head containers 
with a capacity of more than 4 gallons and less than 6 gallons 
(referred to in this Act as a ``bucket''), to bear one warning label in 
English and Spanish. The label shall meet the following requirements:
            (1) The label shall be permanent so that such label cannot 
        be removed, torn or defaced without the aid of tools or 
        solvents.
            (2) The label shall be at least 7 inches in height, and 
        3\1/2\ inches in width, or any larger size as the labeler may 
        choose.
            (3) The label shall be centered on one side of the bucket 
        just below the point where the handle is inserted.
            (4) The label shall have a border or other form of contrast 
        around its edges to delineate it from any other information on 
        the bucket.
            (5) The label shall bear (A) the signal word ``WARNING'' in 
        both English and Spanish, in bold uppercase lettering, and (B) 
        in upper and lower case lettering the words ``Children Can Fall 
        Into Bucket and Drown. Keep Children Away From Buckets With 
        Even a Small Amount of Liquid.'', with an equivalent Spanish 
        translation in at least the same type size as English. The 
        signal word panel shall be preceded by a safety alert symbol 
        consisting of an exclamation mark in a triangle.
            (6) The label shall be clear and conspicuous and in 
        contrasting colors.
            (7) The label shall include a picture of a child falling 
        into a bucket containing liquid. An encircled slash symbol 
        shall be superimposed over, and surround the pictorial. The 
        picture shall be positioned between the signal word panel and 
        the message panel.

SEC. 3. CERTAIN BUCKETS NOT AFFECTED.

    The standard established by section 2 applies only to buckets 
manufactured or imported on or after the effective date of such 
standard, and buckets manufactured or imported before such effective 
date may be sold without the warning label required by section 2 even 
though such sales occur after that date. The Consumer Product Safety 
Commission, by rule, shall prohibit a manufacturer, filler, 
distributor, and retailer from stockpiling buckets to which consumer 
product safety standards established by section 2 of this title would 
have applied but for the preceding sentence. For purposes of this 
section, the term ``stockpiling'' shall have the same meaning as that 
provided by section 9(g)(2) of the Consumer Product Safety Act.

SEC. 4. PROHIBITED ACTS.

    (a) Removal of Label.--Once placed on a bucket pursuant to the 
standard provided by section 2, it shall be a prohibited act under 
section 19 of the Consumer Product Safety Act for any person in the 
chain of distribution of the bucket to intentionally cover, obstruct, 
tear, deface or remove the label.
    (b) Consumer Product Safety Standard.--The standard established by 
section 2 of this title shall be considered a consumer product safety 
standard established under the Consumer Product Safety Act.

SEC. 5. EXISTING LABELS.

    Notwithstanding section 2, any bucket label in use on September 1, 
1993, may, if such label is substantially in conformance with the 
requirements of paragraphs (3), (4), (5), and (6) of section 2, 
continue to be placed on buckets until 12 months after the date of the 
enactment of this title. Notwithstanding the preceding sentence, 
buckets subject to the provisions of this section must bear both an 
English and Spanish language label on and after the effective date of 
the standard established by section 2.

SEC. 6. AMENDMENTS.

    Section 553 of title 5, United States Code, shall apply with 
respect to the Consumer Product Safety Commission's issuance of any 
amendments or changes to the bucket labeling standard established by 
section 2 of this title. Sections 7 and 9 of the Consumer Product 
Safety Act shall not apply to such amendments or changes.

SEC. 7. RESPONSIBILITY FOR LABELING.

    (a) Labeling.--The standard established by section 2 requires the 
labeling of buckets covered by such standard to be the responsibility 
of the manufacturer of any such buckets, unless otherwise specified by 
contract between the manufacturer, and either the filler, distributor, 
or retailer of such buckets. Under no circumstances shall any such 
bucket enter the stream of commerce without such label.
    (b) Time for Placing Labels.--The required label must be on the 
bucket at the time it is sold or delivered to the end user of the 
bucket or its contents or, in the case of a bucket intended to be sold 
to the public in an empty state, at the time it is shipped to a 
retailer for sale to the public.

SEC. 8. PERFORMANCE STANDARD.

    (a) Performance Standard.--Within 30 days following the date of 
enactment of this title, the Consumer Product Safety Commission shall 
commence a proceeding under the Consumer Product Safety Act for the 
issuance of a performance standard for buckets to address the drowning 
hazard associated with this product. Section 553 of title 5, United 
States Code, shall apply with respect to the issuance of such standard. 
Sections 7 and 9 of the Consumer Product Safety Act shall not apply to 
the issuance of such standard. Such standard shall take effect at such 
time as may be prescribed by the Consumer Product Safety Commission, 
but in no event later than 15 months following the date of the 
enactment of this title. The Consumer Product Safety Commission shall 
consider any American Society for Testing and Materials voluntary 
performance standard in existence prior to such date of enactment.
    (b) Labeling Requirements.--The labeling requirements under section 
2 shall not apply to buckets certified by the Consumer Product Safety 
Commission as meeting the performance standard in subsection (a).

SEC. 9. CONSULTATION.

    To avoid duplicative and conflicting labeling, the Consumer Product 
Safety Commission shall complete a consultation with relevant Federal 
agencies within 30 days following the date of enactment of this Act.

SEC. 10. REQUIREMENT FOR CPSC STUDY.

    (a) The Consumer Product Safety Commission shall conduct a study to 
determine:
            (1) consumer use patterns of new and used 4- to 6- gallon 
        steel and metal buckets; and
            (2) the prevalence of incidents of death or injury to 
        children associated with the use of such containers.
The study also shall be designed to identify use patterns that may 
signify that such containers are being used by consumers in and around 
a household, residence, school or otherwise. The study shall be 
completed within 12 months of the date of enactment. The study shall be 
repeated for two consecutive years following completion of the initial 
study. The study shall be repeated if necessary to track any changes in 
use patterns or to identify incidents of death or injury.
    (b) During the pendency of this study and in the absence of any 
regulation of 4- to 6-gallon containers by the Commission thereafter, 
metal containers which would otherwise be required to comply with the 
labeling requirements of section 3 are exempt from such requirements. 
For the purposes of section 26 of the Consumer Product Safety Act, such 
exemption shall be considered a consumer product safety standard. Upon 
review of the results of the study, the CPSC shall decide whether to 
continue this exemption, to require compliance by metal containers, or 
to consider further study in the future.
answer:
Bucket Drowning Prevention Act of 1993 - Establishes a consumer product safety standard requiring four- to six-gallon buckets to bear a warning label that includes a picture of a child falling into a bucket and the words, in English and Spanish:  "WARNING.  Children Can Fall into Bucket and Drown.  Keep Children Away From Buckets With Even a Small Amount of Liquid." 
Exempts buckets manufactured or imported before the effective date of this labeling standard.  Requires the Consumer Product Safety Commission to prohibit a manufacturer, filler, distributor, and retailer from stockpiling such buckets. 
Requires the Commission to conduct a study to determine:  (1) consumer use patterns of new and used four- to six-gallon steel and metal buckets; and (2) the prevalence of incidents of death or injury to children associated with their use.  Exempts metal containers from the labeling requirements of this Act during the pendency of the study and in the absence of any regulation of four- to six-gallon containers by the Commission thereafter. Requires the Commission, upon the review of the results of the study, to decide whether to continue this exemption, to require compliance by metal containers, or to consider a further study.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Balancing the Rights Of Web Surfers 
Equally and Responsibly Act of 2017'' or the ``BROWSER Act of 2017''.

SEC. 2. NOTICE OF PRIVACY POLICIES.

    (a) In General.--A provider of a covered service shall provide the 
users of the service with notice of the privacy policies of the 
provider with respect to the service. Such notice shall be clear and 
conspicuous.
    (b) Availability to Prospective Users.--The notice required by 
subsection (a) shall be made available to prospective users--
            (1) at the point of sale of, subscription to, or 
        establishment of an account for the covered service, prior to 
        such sale, subscription, or establishment, whether such point 
        of sale, subscription, or establishment is in person, online, 
        over the telephone, or through another means; or
            (2) if there is no such sale, subscription, or 
        establishment, before the user uses the service.
    (c) Persistent Availability.--The notice required by subsection (a) 
shall be made persistently available.
    (d) Material Changes.--A provider of a covered service shall 
provide users with advance notice of any material change to the privacy 
policies of the provider. The notice required by this subsection shall 
be clear and conspicuous.

SEC. 3. USER OPT-IN OR OPT-OUT APPROVAL RIGHTS BASED ON SENSITIVITY OF 
              INFORMATION.

    (a) Opt-In Approval Required for Sensitive User Information.--
Except as provided in subsection (c), a provider of a covered service 
shall obtain opt-in approval from a user to use, disclose, or permit 
access to the sensitive user information of the user.
    (b) Opt-Out Approval Required for Non-Sensitive User Information.--
Except as provided in subsection (c)--
            (1) a provider of a covered service shall obtain opt-out 
        approval from a user to use, disclose, or permit access to any 
        of the non-sensitive user information of the user; or
            (2) if the provider so chooses, the provider may comply 
        with the requirement of paragraph (1) by obtaining opt-in 
        approval from the user to use, disclose, or permit access to 
        any such non-sensitive user information.
    (c) Limitations and Exceptions.--A provider of a covered service 
may use, disclose, or permit access to user information without user 
approval for the following purposes:
            (1) In providing the covered service from which such 
        information is derived, or in providing services necessary to, 
        or used in, the provision of such service.
            (2) To initiate, render, bill, and collect for the covered 
        service.
            (3) To protect the rights or property of the provider, or 
        to protect users of the covered service and other service 
        providers from fraudulent, abusive, or unlawful use of the 
        service.
            (4) To provide location information or non-sensitive user 
        information--
                    (A) to a public safety answering point, emergency 
                medical service provider or emergency dispatch 
                provider, public safety, fire service, or law 
                enforcement official, or hospital emergency or trauma 
                care facility, in order to respond to the request of 
                the user for emergency services;
                    (B) to inform the legal guardian of the user, or 
                members of the immediate family of the user, of the 
                location of the user in an emergency situation that 
                involves the risk of death or serious physical harm; or
                    (C) to providers of information or database 
                management services solely for purposes of assisting in 
                the delivery of emergency services in response to an 
                emergency.
            (5) As otherwise required or authorized by law.
    (d) Mechanism for Exercising User Approval.--
            (1) In general.--A provider of a covered service shall make 
        available a simple, easy-to-use mechanism for users to grant, 
        deny, or withdraw opt-in approval or opt-out approval at any 
        time.
            (2) Form and manner.--The mechanism required by paragraph 
        (1) shall be--
                    (A) clear and conspicuous; and
                    (B) made available--
                            (i) at no additional cost to the user; and
                            (ii) in a language other than English, if 
                        the provider transacts business with the user 
                        in such other language.
            (3) Effect.--The grant, denial, or withdrawal of opt-in 
        approval or opt-out approval by a user shall--
                    (A) be given effect promptly; and
                    (B) remain in effect until the user revokes or 
                limits such grant, denial, or withdrawal of approval.

SEC. 4. SERVICE OFFERS CONDITIONED ON WAIVERS OF PRIVACY RIGHTS.

    A provider of a covered service may not--
            (1) condition, or effectively condition, provision of such 
        service on agreement by a user to waive privacy rights 
        guaranteed by law or regulation, including this Act; or
            (2) terminate such service or otherwise refuse to provide 
        such service as a direct or indirect consequence of the refusal 
        of a user to waive any such privacy rights.

SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) General Application.--The requirements of this Act apply, 
according to their terms, to--
            (1) those persons, partnerships, and corporations over 
        which the Commission has authority pursuant to section 5(a)(2) 
        of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and
            (2) providers of broadband internet access service, 
        notwithstanding the exception in such section for common 
        carriers subject to the Communications Act of 1934 (47 U.S.C. 
        151 et seq.).
    (b) Unfair or Deceptive Acts or Practices.--A violation of this Act 
shall be treated as an unfair or deceptive act or practice in or 
affecting commerce for purposes of section 5(a)(2) of the Federal Trade 
Commission Act (15 U.S.C. 45(a)(2)).
    (c) Powers of Commission.--Except as provided in subsection (a)(2) 
of this section--
            (1) the Commission shall enforce this Act in the same 
        manner, by the same means, and with the same jurisdiction, 
        powers, and duties as though all applicable terms and 
        provisions of the Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.) were incorporated into and made a part of this Act; and
            (2) any person who violates this Act shall be subject to 
        the penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Broadband internet access service.--
                    (A) In general.--The term ``broadband internet 
                access service'' means a mass-market retail service by 
                wire or radio that provides the capability to transmit 
                data to and receive data from all or substantially all 
                internet endpoints, including any capabilities that are 
                incidental to and enable the operation of the 
                communications service, but excluding dial-up internet 
                access service.
                    (B) Functional equivalent; evasion.--Such term also 
                includes any service that--
                            (i) the Commission finds to be providing a 
                        functional equivalent of the service described 
                        in subparagraph (A); or
                            (ii) is used to evade the protections set 
                        forth in this Act.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Covered service.--The term ``covered service'' means--
                    (A) broadband internet access service; or
                    (B) an edge service.
            (4) Edge service.--The term ``edge service''--
                    (A) means a service provided over the internet--
                            (i) for which the provider requires the 
                        user to subscribe or establish an account in 
                        order to use the service;
                            (ii) that the user purchases from the 
                        provider of the service without a subscription 
                        or account;
                            (iii) by which a program searches for and 
                        identifies items in a database that correspond 
                        to keywords or characters specified by the 
                        user, used especially for finding particular 
                        sites on the World Wide Web; or
                            (iv) by which the user divulges sensitive 
                        user information; and
                    (B) includes a service described in subparagraph 
                (A) that is provided through a software program, 
                including a mobile application.
            (5) Emergency services.--The term ``emergency services'' 
        has the meaning given such term in section 222 of the 
        Communications Act of 1934 (47 U.S.C. 222).
            (6) Material.--The term ``material'' means, with respect to 
        a change in a privacy policy of a provider of a covered 
        service, any change in such policy that a user of the service, 
        acting reasonably under the circumstances, would consider 
        important to the decisions of the user regarding the privacy of 
        the user, including any change to information required to be 
        included in a privacy notice under section 2.
            (7) Mobile application.--The term ``mobile application'' 
        means a software program that runs on the operating system of a 
        mobile device.
            (8) Non-sensitive user information.--The term ``non-
        sensitive user information'' means any user information that is 
        not sensitive user information.
            (9) Opt-in approval.--The term ``opt-in approval'' means a 
        method for obtaining from a user of a covered service consent 
        to use, disclose, or permit access to sensitive user 
        information under which the provider of the service obtains 
        express consent allowing the requested usage, disclosure, or 
        access to the sensitive user information.
            (10) Opt-out approval.--The term ``opt-out approval'' means 
        a method for obtaining from a user of a covered service consent 
        to use, disclose, or permit access to non-sensitive user 
        information under which the user is deemed to have consented to 
        the use, disclosure, or access to the non-sensitive user 
        information if the user has failed to object to such use, 
        disclosure, or access.
            (11) Public safety answering point.--The term ``public 
        safety answering point'' has the meaning given such term in 
        section 222 of the Communications Act of 1934 (47 U.S.C. 222).
            (12) Sensitive user information.--The term ``sensitive user 
        information'' includes any of the following:
                    (A) Financial information.
                    (B) Health information.
                    (C) Information pertaining to children under the 
                age of 13.
                    (D) Social Security number.
                    (E) Precise geo-location information.
                    (F) Content of communications.
                    (G) Web browsing history, history of usage of a 
                software program (including a mobile application), and 
                the functional equivalents of either.
            (13) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, Guam, American Samoa, the Virgin Islands of the United 
        States, the Commonwealth of the Northern Mariana Islands, any 
        other territory or possession of the United States, and each 
        federally recognized Indian Tribe.
            (14) User.--The term ``user'' means, with respect to a 
        covered service, a person who--
                    (A) is a current or former--
                            (i) subscriber to such service; or
                            (ii) holder of an account for such service;
                    (B) purchases such service without a subscription 
                or account;
                    (C) is an applicant for such service; or
                    (D) in the case of a service described in clause 
                (iii) or (iv) of paragraph (4)(A), uses the service.
            (15) User information.--The term ``user information'' means 
        any information that--
                    (A) a provider of a covered service acquires in 
                connection with the provision of such service; and
                    (B) is linked or reasonably linkable to an 
                individual.

SEC. 7. RELATIONSHIP TO OTHER LAW.

    (a) Preemption of State Law.--No State or political subdivision of 
a State shall, with respect to a provider of a covered service subject 
to this Act, adopt, maintain, enforce, or impose or continue in effect 
any law, rule, regulation, duty, requirement, standard, or other 
provision having the force and effect of law relating to or with 
respect to the privacy of user information.
    (b) Other Federal Law.--
            (1) In general.--Except as provided in paragraph (2), 
        nothing in this Act shall be construed to supercede any other 
        Federal statute or regulation relating to information privacy.
            (2) Communications act of 1934.--Insofar as any provision 
        of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or 
        any regulations promulgated under such Act apply to any person, 
        partnership, or corporation subject to this Act with respect to 
        privacy policies, terms of service, and practices covered by 
        this Act, such provision of the Communications Act of 1934 or 
        such regulations shall have no force or effect, unless such 
        regulations pertain to emergency services.
answer:
Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017 or the BROWSER Act of 2017 This bill authorizes the Federal Trade Commission to enforce information privacy protections that require broadband Internet access services and certain websites or mobile applications providing subscription, account, purchase, or search engine services to allow users to opt-in or opt-out of the use, disclosure, or access to their user information depending on the sensitivity of the information.  Opt-in approval through the user's express consent must be obtained for the use of sensitive information that is:   financial information, health information, about children under 13, Social Security numbers, precise geo-location information, content of communications, web browsing history, or  history of usage of a software program or mobile application.  Opt-out approval must be provided for the use of non-sensitive user information under a method in which users are deemed to have consented if they fail to object after being provided notice of privacy policies. The bill allows a service provider to use information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service. Service providers must allow users to grant, deny, or withdraw approval at any time.  The bill prohibits providers from conditioning service on a user's agreement to waive privacy rights.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patent Abuse Reduction Act of 
2013''.

SEC. 2. PLEADING REQUIREMENTS.

    (a) In General.--Chapter 29 of title 35, United States Code, is 
amended by inserting after section 281 the following:
``Sec. 281A. Pleading requirements for patent infringement actions
    ``In a civil action arising under any Act of Congress relating to 
patents, a party alleging infringement shall include in the initial 
complaint, counterclaim, or cross-claim for patent infringement--
            ``(1) an identification of each patent allegedly infringed;
            ``(2) an identification of each claim of each patent 
        identified under paragraph (1) that is allegedly infringed;
            ``(3) for each claim identified under paragraph (2), an 
        identification of each accused apparatus, product, feature, 
        device, method, system, process, function, act, service, or 
        other instrumentality (referred to in this section as an 
        `accused instrumentality') alleged to infringe the claim;
            ``(4) for each accused instrumentality identified under 
        paragraph (3), an identification with particularity, if known, 
        of--
                    ``(A) the name or model number of each accused 
                instrumentality; and
                    ``(B) the name of each accused method, system, 
                process, function, act, or service, or the name or 
                model number of each apparatus, product, feature, or 
                device that, when used, allegedly results in the 
                practice of the claimed invention;
            ``(5) for each accused instrumentality identified under 
        paragraph (3), an explanation of--
                    ``(A) where each element of each asserted claim 
                identified under paragraph (2) is found within the 
                accused instrumentality;
                    ``(B) whether each such element is infringed 
                literally or under the doctrine of equivalents; and
                    ``(C) with detailed specificity, how the terms in 
                each asserted claim identified under paragraph (2) 
                correspond to the functionality of the accused 
                instrumentality;
            ``(6) for each claim that is alleged to have been infringed 
        indirectly, a description of--
                    ``(A) the direct infringement;
                    ``(B) any person alleged to be a direct infringer 
                known to the party alleging infringement; and
                    ``(C) the acts of the alleged indirect infringer 
                that contribute to or are inducing the direct 
                infringement;
            ``(7) a description of the right of the party alleging 
        infringement to assert each--
                    ``(A) patent identified under paragraph (1); and
                    ``(B) patent claim identified in paragraph (2);
            ``(8) a description of the principal business of the party 
        alleging infringement;
            ``(9) a list of each complaint filed, of which the party 
        alleging infringement has knowledge, that asserts or asserted 
        any of the patents identified under paragraph (1);
            ``(10) for each patent identified under paragraph (1), 
        whether such patent is subject to any licensing term or pricing 
        commitments through any agency, organization, standard-setting 
        body, or other entity or community;
            ``(11) the identity of any person other than the party 
        alleging infringement, known to the party alleging 
        infringement, who--
                    ``(A) owns or co-owns a patent identified under 
                paragraph (1);
                    ``(B) is the assignee of a patent identified under 
                paragraph (1); or
                    ``(C) is an exclusive licensee to a patent 
                identified under paragraph (1);
            ``(12) the identity of any person other than the party 
        alleging infringement, known to the party alleging 
        infringement, who has a legal right to enforce a patent 
        identified under paragraph (1) through a civil action under any 
        Act of Congress relating to patents or is licensed under such 
        patent;
            ``(13) the identity of any person with a direct financial 
        interest in the outcome of the action, including a right to 
        receive proceeds, or any fixed or variable portion thereof; and
            ``(14) a description of any agreement or other legal basis 
        for a financial interest described in paragraph (13).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 29 of title 35, United States Code, is amended by inserting 
after the item relating to section 281 the following:

``281A. Pleading requirements for patent infringement actions.''.
    (c) Review of Form 18.--Not later than 12 months after the date of 
enactment of this Act, the Supreme Court shall review and amend Form 18 
of the Federal Rules of Civil Procedure to ensure that Form 18 is 
consistent with the requirements under section 281A of title 35, United 
States Code, as added by subsection (a).
    (d) Rule of Construction.--Nothing in this section or the 
amendments made by this section shall be construed to alter existing 
law or rules relating to joinder.

SEC. 3. JOINDER OF INTERESTED PARTIES.

    Section 299 of title 35, United States Code, is amended by adding 
at the end the following:
    ``(d) Joinder of Interested Parties.--
            ``(1) Definition.--In this subsection, the term `interested 
        party', with respect to a civil action arising under any Act of 
        Congress relating to patents--
                    ``(A) means a person described in paragraph (11) or 
                (13) of section 281A; and
                    ``(B) does not include an attorney or law firm 
                providing legal representation in the action if the 
                sole basis for the financial interest of the attorney 
                or law firm in the outcome of the action arises from an 
                agreement to provide that legal representation.
            ``(2) Joinder of interested parties.--In a civil action 
        arising under any Act of Congress relating to patents, the 
        court shall grant a motion by a party defending an infringement 
        claim to join an interested party if the defending party shows 
        that the interest of the plaintiff in any patent identified in 
        the complaint, including a claim asserted in the complaint, is 
        limited primarily to asserting any such patent claim in 
        litigation.
            ``(3) Limitation on joinder.--The court may deny a motion 
        to join an interested party under paragraph (2) if--
                    ``(A) the interested party is not subject to 
                service of process; or
                    ``(B) joinder under paragraph (2) would deprive the 
                court of subject matter jurisdiction or make venue 
                improper.''.

SEC. 4. DISCOVERY LIMITS.

    (a) In General.--Chapter 29 of title 35, United States Code, is 
amended by adding at the end the following:
``Sec. 300. Discovery in patent infringement suits
    ``(a) Discovery Limitation Prior to Claim Construction.--
            ``(1) In general.--Except as provided in paragraph (2), in 
        a civil action arising under any Act of Congress relating to 
        patents, if the court determines that a ruling relating to the 
        construction of terms used in a patent claim asserted in the 
        complaint is required, discovery shall be limited, until such 
        ruling, to information necessary for the court to determine the 
        meaning of the terms used in the patent claim, including any 
        interpretation of those terms used to support the claim of 
        infringement.
            ``(2) Discretion to expand scope of discovery.--
                    ``(A) Timely resolution of actions.--If, under any 
                provision of Federal law (including the Drug Price 
                Competition and Patent Term Restoration Act (Public Law 
                98-417)), resolution within a specified period of time 
                of a civil action arising under any Act of Congress 
                relating to patents will have an automatic impact upon 
                the rights of a party with respect to the patent, the 
                court may permit discovery in addition to the discovery 
                authorized under paragraph (1) before the ruling 
                described in paragraph (1) as necessary to ensure 
                timely resolution of the action.
                    ``(B) Resolution of motions.--When necessary to 
                resolve a motion properly raised by a party before a 
                ruling relating to the construction of terms (as 
                described in paragraph (1)), the court may allow 
                limited discovery in addition to the discovery 
                authorized under paragraph (1) as necessary to resolve 
                the motion.
    ``(b) Sequence and Scope; Cost-Shifting.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `additional discovery' means 
                discovery of evidence other than core documentary 
                evidence; and
                    ``(B) the term `core documentary evidence', with 
                respect to a civil action arising under any Act of 
                Congress relating to patents--
                            ``(i) subject to clause (ii), includes only 
                        documents that--
                                    ``(I) relate to the conception, 
                                reduction to practice, and application 
                                for the asserted patent;
                                    ``(II) are sufficient to show the 
                                technical operation of the 
                                instrumentality identified in the 
                                complaint as infringing the asserted 
                                patent;
                                    ``(III) relate to potentially 
                                invalidating prior art;
                                    ``(IV) relate to previous licensing 
                                or conveyances of the asserted patent;
                                    ``(V) are sufficient to show 
                                revenue attributable to any claimed 
                                invention;
                                    ``(VI) are sufficient to show the 
                                organizational ownership and structure 
                                of each party, including identification 
                                of any person that has a financial 
                                interest in the asserted patent;
                                    ``(VII) relate to awareness of the 
                                asserted patent or claim, or the 
                                infringement, before the action was 
                                filed; and
                                    ``(VIII) sufficient to show any 
                                marking, lack of marking, or notice of 
                                the asserted patent provided to the 
                                accused infringer; and
                            ``(ii) does not include computer code or 
                        electronic communication, such as e-mail, text 
                        messages, instant messaging, and other forms of 
                        electronic communication, unless the court 
                        finds good cause for including such computer 
                        code or electronic communication as core 
                        documentary evidence of a particular party 
                        under clause (i).
            ``(2) Discovery sequence and scope.--In a civil action 
        arising under any Act of Congress relating to patents, the 
        parties shall discuss and address in the written report filed 
        under rule 26(f)(2) of the Federal Rules of Civil Procedure the 
        views and proposals of the parties on--
                    ``(A) when the discovery of core documentary 
                evidence should be completed;
                    ``(B) whether the parties will seek additional 
                discovery under paragraph (3); and
                    ``(C) any issues relating to infringement, 
                invalidity, or damages that, if resolved before the 
                additional discovery described in paragraph (3) 
                commences, will simplify or streamline the case, 
                including the identification of any key patent claim 
                terms or phrases to be construed by the court and 
                whether the early construction of any of those terms or 
                phrases would be helpful.
            ``(3) Discovery cost-shifting.--
                    ``(A) In general.--In a civil action arising under 
                any Act of Congress relating to patents, each party 
                shall be responsible for the costs of producing core 
                documentary evidence within the possession, custody, or 
                control of that party.
                    ``(B) Additional discovery.--
                            ``(i) In general.--A party to a civil 
                        action arising under any Act of Congress 
                        relating to patents may seek additional 
                        discovery if the party bears the costs of the 
                        additional discovery, including reasonable 
                        attorney's fees.
                            ``(ii) Requirements.--A party shall not be 
                        allowed additional discovery unless the party--
                                    ``(I) at the time that such party 
                                seeks additional discovery, provides to 
                                the party from whom the additional 
                                discovery is sought payment of the 
                                anticipated costs of the discovery; or
                                    ``(II) posts a bond in an amount 
                                sufficient to cover the anticipated 
                                costs of the discovery.
                    ``(C) Rules of construction.--Nothing in 
                subparagraph (A) or (B) shall be construed to--
                            ``(i) entitle a party to information not 
                        otherwise discoverable under the Federal Rules 
                        of Civil Procedure or any other applicable rule 
                        or order;
                            ``(ii) require a party to produce 
                        privileged matter or other discovery otherwise 
                        limited under the Federal Rules of Civil 
                        Procedure; or
                            ``(iii) prohibit a court from--
                                    ``(I) determining that a request 
                                for discovery is excessive, irrelevant, 
                                or otherwise abusive; or
                                    ``(II) setting other limits on 
                                discovery.''.

SEC. 5. COSTS AND EXPENSES.

    (a) In General.--Section 285 of title 35, United States Code, is 
amended to read as follows:
``Sec. 285. Costs and expenses
    ``(a) In General.--The court shall award to the prevailing party 
reasonable costs and expenses, including attorney's fees, unless--
            ``(1) the position and conduct of the non-prevailing party 
        were objectively reasonable and substantially justified; or
            ``(2) exceptional circumstances make such an award unjust.
    ``(b) Prohibition on Consideration of Certain Settlements.--In 
determining whether an exception under paragraph (1) or (2) of 
subsection (a) applies, the court shall not consider as evidence any 
license taken in settlement of an asserted claim.
    ``(c) Recovery.--If the non-prevailing party is unable to pay 
reasonable costs and expenses awarded by the court under subsection 
(a), the court may make the reasonable costs and expenses recoverable 
against any interested party, as defined in section 299(d).''.
    (b) Technical and Conforming Amendments.--
            (1) Table of sections.--The table of sections for chapter 
        29 of title 35, United States Code, is amended by striking the 
        item relating to section 285 and inserting the following:

``285. Costs and expenses.''.
            (2) Conforming amendments.--Chapter 29 of title 35, United 
        States Code, is amended--
                    (A) in section 271(e)(4), in the flush text 
                following subparagraph (D), by striking ``attorney 
                fees'' and inserting ``reasonable costs and expenses, 
                including attorney's fees,'';
                    (B) in section 273(f), by striking ``attorney 
                fees'' and inserting ``reasonable costs and expenses, 
                including attorney's fees,''; and
                    (C) in section 296(b), by striking ``attorney 
                fees'' and inserting ``reasonable costs and expenses 
                (including attorney's fees)''.
answer:

Patent Abuse Reduction Act of 2013 - Directs a party alleging infringement in a civil action arising under any Act of Congress relating to patents to include in the court pleadings:   an identification of each patent and claim allegedly infringed as well as the accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to as an &quot;accused instrumentality&quot;) alleged to infringe any such claim; an identification of the name or model number of accused instrumentalities that allegedly result in the practice of a claimed invention; for each accused instrumentality, an explanation of where each element of each asserted claim identified is found within the accused instrumentality, whether each such element is infringed literally or under the doctrine of equivalents, and how the terms in each asserted claim correspond to the functionality of the accused instrumentality;  for each claim alleged to have been infringed indirectly, a description of: (1) the direct infringement; (2) any person alleged to be a direct infringer known to the party alleging infringement; and (3) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement;  a description of the right of the party alleging infringement to assert each identified patent and claim;  the principal business of the party alleging infringement;  a list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the identified patents;  whether any identified patent is subject to any licensing term or pricing commitments through any agency, organization, or other standard-setting body;   the identity of any person other than the party alleging infringement, known to the party alleging infringement, who: (1) owns or co-owns an identified patent or is the assignee of, or an exclusive licensee to, such patent; or (2) has a legal right to enforce an identified patent through a civil action under any Act of Congress relating to patents or is licensed under such patent; and the identity of any person with a direct financial interest in the outcome of the action and a description of any agreement or other legal basis for such financial interest.  Sets forth procedures with respect to the joinder of parties and discovery of evidence.  Directs each party to be responsible for the costs of producing core documentary evidence within the possession, custody, or control of that party.  Defines &quot;core documentary evidence&quot; as documents that:   relate to the conception, reduction to practice, and application for the asserted patent;  are sufficient to show the technical operation of the instrumentality identified in the complaint as infringing the asserted patent;   relate to potentially invalidating prior art;  relate to previous licensing or conveyances of the asserted patent;  are sufficient to show revenue attributable to any claimed invention;  are sufficient to show the organizational ownership and structure of each party, including identification of any person with a financial interest in the asserted patent;  relate to awareness of the asserted patent or claim, or the infringement, before the action was filed; and   are sufficient to show any marking, lack of marking, or notice of the asserted patent provided to the accused infringer.   Excludes from the definition of core documentary evidence any computer code or electronic communication, such as e-mail, text messages, instant messaging, and other forms of electronic communication, unless the court finds good cause. Permits additional discovery under specified conditions if the party seeking such additional discovery bears the costs, including reasonable attorney's fees.  Directs courts to award to the prevailing party reasonable costs and expenses, including attorney's fees, unless: (1) the position and conduct of the non-prevailing party were objectively reasonable and substantially justified, or (2) exceptional circumstances make such an award unjust. Allows the court, if the non-prevailing party is unable to pay such costs and expenses, to make the costs and expenses recoverable against interested parties.