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

This Act may be cited as the ''Steamtown National Historic Site Act
of 1994''.

SEC. 2. DEFINITIONS.

As used in this Act:
(1) Advisory committee.--The term ''Advisory Committee''
means the Steamtown National Historic Site Advisory Committee
established by the Secretary under section 5.
(2) Hazardous substance.--The term ''hazardous substance''
has the meaning given such term in section 101(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(14)).
(3) Historic site.--The term ''historic site'' means the
Steamtown National Historic Site established under section 3.
(4) National park service.--The term ''National Park
Service'' means the National Park Service of the Department of
the Interior.
(5) Remedial action.--The term ''remedial action'' has the
meaning given such term in section 101(24) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(24)).
(6) Removal.--The term ''removal'' has the meaning given
such term in section 101(23) of such Act (42 U.S.C. 9601(23)).
(7) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.

SEC. 3. ESTABLISHMENT OF STEAMTOWN NATIONAL HISTORIC SITE.

(a) In General.--
(1) Establishment.--In order to preserve and interpret
certain elements of railroading, especially steam-operated
railroads that were in operation during the period of 1850 to
1950, there is hereby established the Steamtown National
Historic Site.
(2) Purposes.--The purposes of the historic site shall
include providing for the interpretation of--
(A) the evolution of railroads; and
(B) the impact of railroads on the development of
the United States,
including technological, economic, social, and political
effects and the relationship of railroads to the
industrialization of the United States.
(b) Description of Site.--The historic site shall consist of the
lands and interests in lands within the area generally depicted on the
map entitled ''Boundary Map, Steamtown National Historic Site'',
numbered STTO-80,000 and dated September 1986. The map shall be on file
and available for public inspection in the offices of the National Park
Service. Except by act of Congress, no revisions may be made in the
boundary of the historic site.
(c) Repeal of Superseded Law.--The Steamtown National Historical
Site Act of 1986 (the twelfth proviso in the paragraph relating to the
operation of the national park system (including transfer of funds)
under the heading ''National Park Service'' in title I of the
Department of the Interior and Related Agencies Appropriations Act,
1987, which was enacted in identical forms in section 101(h) of Public
Law 99-500 and section 101(h) of Public Law 99-591; 100 Stat. 1783-248
and 100 Stat. 3341-248), is repealed.

SEC. 4. ADMINISTRATION OF STEAMTOWN NATIONAL HISTORIC SITE.

(a) In General.--The Secretary of the Interior shall administer the
historic site in accordance with this Act and any other provision of
law generally applicable to units of the national park system,
including the Act entitled ''An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (39 Stat.
535; 16 U.S.C. 1, 2, 3, and 4) and the Act entitled ''An Act to provide
for the preservation of historic American sites, buildings, objects,
and antiquities of national significance, and for other purposes'',
approved August 21, 1935 (16 U.S.C. 461 et seq.).
(b) Comprehensive General Management Plan.--Not later than
September 30, 1995, the Secretary shall prepare and submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives a new comprehensive general management plan for the
historic site. The plan shall be consistent with this Act, section 12
of Public Law 91-383 (16 U.S.C. 1a-7), and any other applicable
provision of law.

SEC. 5. ACQUISITION OF LAND.

(a) In General.--The Secretary may acquire lands or interests in
land within the boundaries of the historic site only by--
(1) donation; or
(2) purchase with donated funds.
(b) Prohibition on Acquisition of Contaminated Lands.--
(1) In general.--The Secretary may not acquire any land or
interest in land to serve the purposes of the historic site
unless such lands are not contaminated with a hazardous
substance for which a removal or remedial action at the expense
of the United States is required under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(2) Reimbursement.--
(A) In general.--Before the Secretary may accept
title to any lands to further the purposes of the
historic site, the Secretary shall seek reimbursement
of any funds expended by the National Park Service,
prior to the date of the enactment of this Act, on a
removal or remedial action with respect to any
contamination of lands within the boundaries of the
historic site under applicable provisions of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(B) Crediting of reimbursement.--Any amount
received as reimbursement under subparagraph (A) shall
be credited to miscellaneous receipts in the Treasury.
(C) Treatment of certain funds expended for a
removal or remedial action.--After the full amount of a
reimbursement made pursuant to subparagraph (A) is
credited pursuant to subparagraph (B), the amount
expended by the National Park Service with respect to
which the reimbursement was made shall not be treated
as amounts expended for development with respect to the
limitation under section 8(b).

SEC. 6. PARK SERVICE ACTIVITIES.

(a) In General.--The Secretary shall take such action as is
necessary and appropriate to--
(1) administer the historic site;
(2) interpret, for the public, the significance of the
resources of the site and the history of the site; and
(3) provide essential services for the public at the
historic site.
(b) Preservation of Collection of Railroad Equipment.--
(1) Existing collection.--Subject to paragraph (2), the
Secretary shall preserve the collection of railroad equipment,
including locomotives and rolling stock, that is present at the
historic site as of the date of enactment of this Act. The
Secretary may also preserve such equipment and essential
machinery as are necessary for the maintenance of the
locomotives and rolling stock.
(2) Acquisition of additional equipment.--The Secretary may
acquire by exchange or purchase, appropriate examples of
locomotives and rolling stock to enhance the collection of
railroad equipment at the historic site if--
(A) the Secretary takes such action as is necessary
to ensure that the total number of locomotives and
rolling stock in the collection of railroad equipment
does not increase as a result of the exchange or
purchase; and
(B) the exchange or purchase is carried out in a
manner consistent with the general management plan for
the historic site.
(c) Cost-Sharing.--The Secretary shall, to the extent practicable,
seek donations and assistance from volunteers and carry out other cost-
sharing measures to restore the locomotives and rolling stock in the
collection of railroad equipment.
(d) Preservation of Artifact Collection and Archival Materials.--
The Secretary shall take such action as is necessary to preserve the
artifact collection and archival materials located at the historic
site.
(e) Prohibition.--No Federal funds may be expended to provide
access between the historic site and any structure that is privately
owned and operated for profit.
(f) Excursions.--To the extent that providing regular excursions
with appropriate interpretation under this subsection furthers public
understanding of the matters described in section 3(a)(2), the
Secretary may provide regular excursions with appropriate
interpretation between Scranton, Pennsylvania, and Moscow,
Pennsylvania. To carry out the excursions, the Secretary may provide
essential visitor services at Moscow, Pennsylvania.
(g) Use of Funds for the Restoration of Tracks, Bridges, or
Tunnels.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may not expend funds made available to the National
Park Service for the restoration or maintenance of tracks,
bridges, or tunnels located outside the historic site.
(2) Exception.--
(A) Restoration pursuant to cooperative agreement
with owner.--If the Secretary and the owner of the
tracks and bridges between the historic site and
Moscow, Pennsylvania, enter into a cooperative
agreement described in subparagraph (B), the Secretary
may expend funds described in subparagraph (C) for
restoring and maintaining such tracks and bridges.
(B) Cooperative agreement described.--A cooperative
agreement referred to in subparagraph (A) is a
cooperative agreement that--
(i) provides for the Secretary to restore
and maintain such tracks and bridges; and
(ii) permits the National Park Service to
use such tracks and bridges for excursions
authorized under subsection (f).
(C) Funds described.--The funds referred to in
subparagraph (A) are funds that--
(i) were appropriated to the Secretary
before November 15, 1991; and
(ii) remain available for obligation.
(3) Track usage fees.--If the Secretary enters into an
agreement to use tracks and bridges pursuant to paragraph (2),
the Secretary may pay customary and appropriate track usage
fees.
(h) Excursion Fees.--Excursion fees charged for any rail excursion
carried out by the Secretary pursuant to this section shall be
established at a level that ensures that, at a minimum, 75 percent of
the costs of maintenance, personnel, and equipment for the excursion
shall be covered by amounts collected as user fees.
(i) Bridge 60.--The Secretary may assist the owner of Bridge 60 and
Bridge 60 Wye (as defined and determined by the Secretary) with track
and switch rehabilitation to facilitate activities associated with the
historic site.

SEC. 7. ADVISORY COMMITTEE.

(a) Establishment.--There is established the Steamtown National
Historic Site Advisory Committee.
(b) Purposes.--The purposes of the Advisory Committee are as
follows:
(1) To provide the Secretary with a readily available
source of professional expertise in railroad management and
history.
(2) To advise the Secretary in the development and
operation of the historic site.
(c) Membership.--The Advisory Committee shall be composed of 11
members who shall be appointed by the Secretary, as follows:
(1) Two members shall be individuals with recognized
expertise in the operation of historic railways.
(2) Two members shall be individuals with recognized
expertise in the operation of commercial railways.
(3) Two members shall be historians with recognized
expertise in the history of technology.
(4) Two members shall be historians with recognized
expertise in social history.
(5) Three members shall be representatives of the general
public.
(d) Terms.--Each member shall serve for a term of 3 years. A member
of the Advisory Committee may continue to serve as a member after the
expiration of the member's term until a successor is appointed.
(e) Chairperson.--The Advisory Committee shall select a Chairperson
from among its members.
(f) Duties of the Secretary.--The Secretary, or a designee of the
Secretary, shall from time to time, but at least semiannually, meet and
consult with the Advisory Committee on matters relating to the
management and development of the historic site.
(g) Initial Meeting.--Not later than 30 days after the date on
which all members of the Advisory Committee have been appointed, the
Chairperson shall convene the Advisory Committee.
(h) Meetings.--
(1) In general.--The Advisory Committee shall meet at the
call of the Chairperson.
(2) Frequency of meetings.--The Advisory Committee shall
meet at least 3 times during each year.
(3) Quorum.--A majority of the members of the Advisory
Committee shall constitute a quorum.
(i) Compensation.--Members of the Advisory Committee shall serve
without compensation, except the Secretary may, on receipt of a voucher
approved by the Chairperson, pay expenses reasonably incurred in the
performance of duties of the Committee.
(j) Termination of Advisory Committee.--The Advisory Committee
shall terminate 10 years after the date of enactment of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--Subject to the limitations under subsections (b)
and (c), there are authorized to be appropriated to the Department of
the Interior such sums as are necessary to carry out this Act.
(b) Limitation of Expenditures for Development.--The aggregate
amount of funds expended by the Department of the Interior after
September 30, 1986, for the development of the historic site may not
exceed $58,000,000.
(c) Limitation of Expenditures of Funds.--No funds made available
to the Department of the Interior from Federal sources may be expended
with respect to the historic site for a purpose other than a purpose
specified in section 6 and in section 7(h).

SOLUTION: Steamtown National Historic Site Act of 1994 - Repeals the Steamtown National Historic Site Act of 1986 and sets forth new provisions establishing the Steamtown National Historic Site to preserve and interpret certain elements of railroading, especially steam-operated railroads during the period of 1850 to 1950.
Directs the Secretary of the Interior to prepare and submit a new comprehensive general management plan for the Site to specified congressional committees.
Prohibits the Secretary from acquiring any lands or interests in lands contaminated with hazardous substances that would require removal or remedial action at the expense of the United States. Requires the Secretary to seek reimbursement of any funds expended by the National Park Service for such purpose prior to enactment of this Act before the Secretary may accept title to such lands for the Site.
Directs the Secretary to preserve the collection of railroad equipment (including locomotives and rolling stock) present at the Site as of enactment of this Act. Authorizes the Secretary to acquire additional examples of locomotives and rolling stock if action is taken to ensure that the total number in the collection does not increase.
Requires the Secretary to preserve the artifact collection and archival materials located at the Site.
Prohibits Federal funds from being expended for access between the Site and any structure that is privately-owned or operated for profit.
Authorizes the Secretary to provide regular excursions with appropriate interpretation between Scranton, Pennsylvania, and Moscow, Pennsylvania. Authorizes the Secretary to pay customary and appropriate track usage fees. Prohibits the Secretary from expending funds of the National Park Service for the restoration or maintenance of tracks, bridges, or tunnels outside the Site, except certain funds appropriated before November 15, 1991.
Establishes the Steamtown National Historic Site Advisory Committee to provide the Secretary with a readily available source of professional expertise in railroad management and history and to advise in the development and operation of the Site.
Authorizes appropriations. Limits: (1) expenditures for the development of the Site after FY 1986; and (2) expenditures for the Site to specified activities.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Veterans E-Health and Telemedicine
Support Act of 2017'' or the ''VETS Act of 2017''.

SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF
VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE.

(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1730A the following new section:
''Sec. 1730B. Licensure of health care professionals providing
treatment via telemedicine
''(a) In General.--Notwithstanding any provision of law regarding
the licensure of health care professionals, a covered health care
professional may practice the health care profession of the health care
professional at any location in any State, regardless of where the
covered health care professional or the patient is located, if the
covered health care professional is using telemedicine to provide
treatment to an individual under this chapter.
''(b) Property of Federal Government.--Subsection (a) shall apply
to a covered health care professional providing treatment to a patient
regardless of whether the covered health care professional or patient
is located in a facility owned by the Federal Government during such
treatment.
''(c) Construction.--Nothing in this section may be construed to
remove, limit, or otherwise affect any obligation of a covered health
care professional under the Controlled Substances Act (21 U.S.C. 801 et
seq.).
''(d) Covered Health Care Professional Defined.--In this section,
the term 'covered health care professional' means a health care
professional who--
''(1) is an employee of the Department appointed under the
authority under sections 7306, 7401, 7405, 7406, or 7408 of
this title, or title 5;
''(2) is authorized by the Secretary to provide health care
under this chapter;
''(3) is required to adhere to all quality standards
relating to the provision of telemedicine in accordance with
applicable policies of the Department; and
''(4) has an active, current, full, and unrestricted
license, registration, or certification in a State to practice
the health care profession of the health care professional.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1730A the following new item:

''1730B. Licensure of health care professionals providing treatment via
telemedicine.''.
(c) Report on Telemedicine.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the effectiveness of the use of
telemedicine by the Department of Veterans Affairs.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) The satisfaction of veterans with telemedicine
furnished by the Department.
(B) The satisfaction of health care providers in
providing telemedicine furnished by the Department.
(C) The effect of telemedicine furnished by the
Department on the following:
(i) The ability of veterans to access
health care, whether from the Department or
from non-Department health care providers.
(ii) The frequency of use by veterans of
telemedicine.
(iii) The productivity of health care
providers.
(iv) Wait times for an appointment for the
receipt of health care from the Department.
(v) The reduction, if any, in the use by
veterans of in-person services at Department
facilities and non-Department facilities.
(D) The types of appointments for the receipt of
telemedicine furnished by the Department that were
provided during the 1-year period preceding the
submittal of the report.
(E) The number of appointments for the receipt of
telemedicine furnished by the Department that were
requested during such period, disaggregated by Veterans
Integrated Service Network.
(F) Savings by the Department, if any, including
travel costs, of furnishing health care

through the use of telemedicine during such period.

Passed the House of Representatives November 7, 2017.

Attest:

KAREN L. HAAS,

Clerk.

SOLUTION: . Veterans E-Health and Telemedicine Support Act of 2017 or the VETS Act of 2017 (Sec. 2) This bill allows a licensed health care professional of the Department of Veterans Affairs (VA) to practice his or her profession using telemedicine at any location in any state regardless of where the professional or patient is located if the covered health care professional is using telemedicine to provide VA medical or health services. Such authority shall apply to a covered health care professional regardless of whether the covered health care professional or patient is located in a federally-owned facility. The bill defines "covered health care professional" as a health care professional who: (1) is a VA employee appointed under specified VA authorities or under the civil service; (2) is authorized by the VA to provide health care; (3) is required to adhere to all telemedicine quality standards; and (4) has an active, current, full, and unrestricted state license, registration, or certification for such health care profession. The VA shall report to Congress on the effectiveness of the VA's use of telemedicine.

PROBLEM: 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)''.

SOLUTION:
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 "accused instrumentality") 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 "core documentary evidence" 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.