Crime and Federal Government Surveillance Subcommittee, Judiciary Committee, Communications and Technology Subcommittee, Energy and Commerce Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (Sec. 2) This bill expresses the sense of Congress that section 230 of the Communications Act of 1934 was not intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims. Section 230 limits the legal liability of interactive computer service providers or users for content they publish that was created by others. (Sec. 3) The bill amends the federal criminal code to add a new section that imposes penalties—a fine, a prison term of up to 10 years, or both—on a person who, using a facility or means of interstate or foreign commerce, owns, manages, or operates an interactive computer service (or attempts or conspires to do so) to promote or facilitate the prostitution of another person. Additionally, it establishes enhanced penalties—a fine, a prison term of up to 25 years, or both—for a person who commits the offense in one of the following aggravating circumstances: (1) promotes or facilitates the prostitution of five or more persons, or (2) acts with reckless disregard that such conduct contributes to sex trafficking. A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action. A court must order mandatory restitution, in addition to other criminal or civil penalties, for an aggravated offense in which a person acts with reckless disregard that such conduct contributes to sex trafficking. A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted. (Sec. 4) The bill amends the Communications Act of 1934 to declare that section 230 does not limit: (1) a federal civil claim for conduct that constitutes sex trafficking, (2) a federal criminal charge for conduct that constitutes sex trafficking, or (3) a state criminal charge for conduct that promotes or facilitates prostitution in violation of this bill. The amendments apply regardless of whether alleged conduct occurs before, on, or after this bill's enactment. (Sec. 5) The bill amends the federal criminal code to define a phrase related to the prohibition on sex trafficking. Currently, it a crime to knowingly benefit from participation in a venture that engages in sex trafficking. This bill defines "participation in a venture" to mean knowingly assisting, supporting, or facilitating a sex trafficking violation. (Sec. 6) A state may file a federal civil action to enforce federal sex trafficking violations. (Sec. 7) This section states that this bill does not limit federal or state civil actions or criminal prosecutions that are not preempted by section 230 of the Communications Act of 1934. (Sec. 8) The Government Accountability Office must report to Congress on information related to damages and mandatory restitution for aggravated offenses under this bill.
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Timeline
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Communications and Technology.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Placed on the Union Calendar, Calendar No. 432.
Reported (Amended) by the Committee on Judiciary. H. Rept. 115-572, Part I.
Committee on Energy and Commerce discharged.
Rules Committee Resolution H. Res. 748 Reported to House. Rule provides for consideration of H.R. 1865. Rule provides for consideration of H.R. 1865 under a structured rule with one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary. The rule makes in order an amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill. The rule also provides one motion to recommit with or without instructions.
Rule H. Res. 748 passed House.
Considered under the provisions of rule H. Res. 748. (consideration: CR H1290-1305; text of amendment in the nature of a substitute: CR H1301)
Rule provides for consideration of H.R. 1865. Rule provides for consideration of H.R. 1865 under a structured rule with one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary. The rule makes in order an amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill. The rule also provides one motion to recommit with or without instructions.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 748 and Rule XVIII.
The Speaker designated the Honorable Jeff Denham to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1865.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Mrs. Mimi Walters (CA) amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Mimi Walters amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Lofgren demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 3.
Mrs. Roby moved that the Committee rise.
On motion that the Committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 1865 as unfinished business.
Considered as unfinished business. (consideration: CR H1317-1319)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1865.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
On passage Passed by recorded vote: 388 - 25 (Roll no. 91).
Measure laid before Senate by unanimous consent. (consideration: CR S1849-1872)
Presented to President.
Signed by President.
Became Public Law No: 115-164.
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Communications and Technology.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Placed on the Union Calendar, Calendar No. 432.
Reported (Amended) by the Committee on Judiciary. H. Rept. 115-572, Part I.
Committee on Energy and Commerce discharged.
Rules Committee Resolution H. Res. 748 Reported to House. Rule provides for consideration of H.R. 1865. Rule provides for consideration of H.R. 1865 under a structured rule with one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary. The rule makes in order an amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill. The rule also provides one motion to recommit with or without instructions.
Rule H. Res. 748 passed House.
Considered under the provisions of rule H. Res. 748. (consideration: CR H1290-1305; text of amendment in the nature of a substitute: CR H1301)
Rule provides for consideration of H.R. 1865. Rule provides for consideration of H.R. 1865 under a structured rule with one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary. The rule makes in order an amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill. The rule also provides one motion to recommit with or without instructions.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 748 and Rule XVIII.
The Speaker designated the Honorable Jeff Denham to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1865.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Mrs. Mimi Walters (CA) amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Mimi Walters amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Lofgren demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 3.
Mrs. Roby moved that the Committee rise.
On motion that the Committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 1865 as unfinished business.
Considered as unfinished business. (consideration: CR H1317-1319)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1865.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
On passage Passed by recorded vote: 388 - 25 (Roll no. 91).
Civil actions and liabilityCrimes against childrenCrime victimsCriminal investigation, prosecution, interrogationHuman traffickingInternet and video servicesInternet, web applications, social mediaPornographySex offenses
Allow States and Victims to Fight Online Sex Trafficking Act of 2017
USA115th CongressHR-1865| House
| Updated: 4/11/2018
Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (Sec. 2) This bill expresses the sense of Congress that section 230 of the Communications Act of 1934 was not intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims. Section 230 limits the legal liability of interactive computer service providers or users for content they publish that was created by others. (Sec. 3) The bill amends the federal criminal code to add a new section that imposes penalties—a fine, a prison term of up to 10 years, or both—on a person who, using a facility or means of interstate or foreign commerce, owns, manages, or operates an interactive computer service (or attempts or conspires to do so) to promote or facilitate the prostitution of another person. Additionally, it establishes enhanced penalties—a fine, a prison term of up to 25 years, or both—for a person who commits the offense in one of the following aggravating circumstances: (1) promotes or facilitates the prostitution of five or more persons, or (2) acts with reckless disregard that such conduct contributes to sex trafficking. A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action. A court must order mandatory restitution, in addition to other criminal or civil penalties, for an aggravated offense in which a person acts with reckless disregard that such conduct contributes to sex trafficking. A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted. (Sec. 4) The bill amends the Communications Act of 1934 to declare that section 230 does not limit: (1) a federal civil claim for conduct that constitutes sex trafficking, (2) a federal criminal charge for conduct that constitutes sex trafficking, or (3) a state criminal charge for conduct that promotes or facilitates prostitution in violation of this bill. The amendments apply regardless of whether alleged conduct occurs before, on, or after this bill's enactment. (Sec. 5) The bill amends the federal criminal code to define a phrase related to the prohibition on sex trafficking. Currently, it a crime to knowingly benefit from participation in a venture that engages in sex trafficking. This bill defines "participation in a venture" to mean knowingly assisting, supporting, or facilitating a sex trafficking violation. (Sec. 6) A state may file a federal civil action to enforce federal sex trafficking violations. (Sec. 7) This section states that this bill does not limit federal or state civil actions or criminal prosecutions that are not preempted by section 230 of the Communications Act of 1934. (Sec. 8) The Government Accountability Office must report to Congress on information related to damages and mandatory restitution for aggravated offenses under this bill.
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Timeline
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Communications and Technology.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Placed on the Union Calendar, Calendar No. 432.
Reported (Amended) by the Committee on Judiciary. H. Rept. 115-572, Part I.
Committee on Energy and Commerce discharged.
Rules Committee Resolution H. Res. 748 Reported to House. Rule provides for consideration of H.R. 1865. Rule provides for consideration of H.R. 1865 under a structured rule with one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary. The rule makes in order an amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill. The rule also provides one motion to recommit with or without instructions.
Rule H. Res. 748 passed House.
Considered under the provisions of rule H. Res. 748. (consideration: CR H1290-1305; text of amendment in the nature of a substitute: CR H1301)
Rule provides for consideration of H.R. 1865. Rule provides for consideration of H.R. 1865 under a structured rule with one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary. The rule makes in order an amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill. The rule also provides one motion to recommit with or without instructions.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 748 and Rule XVIII.
The Speaker designated the Honorable Jeff Denham to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1865.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Mrs. Mimi Walters (CA) amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Mimi Walters amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Lofgren demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 3.
Mrs. Roby moved that the Committee rise.
On motion that the Committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 1865 as unfinished business.
Considered as unfinished business. (consideration: CR H1317-1319)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1865.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
On passage Passed by recorded vote: 388 - 25 (Roll no. 91).
Measure laid before Senate by unanimous consent. (consideration: CR S1849-1872)
Presented to President.
Signed by President.
Became Public Law No: 115-164.
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Communications and Technology.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Placed on the Union Calendar, Calendar No. 432.
Reported (Amended) by the Committee on Judiciary. H. Rept. 115-572, Part I.
Committee on Energy and Commerce discharged.
Rules Committee Resolution H. Res. 748 Reported to House. Rule provides for consideration of H.R. 1865. Rule provides for consideration of H.R. 1865 under a structured rule with one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary. The rule makes in order an amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill. The rule also provides one motion to recommit with or without instructions.
Rule H. Res. 748 passed House.
Considered under the provisions of rule H. Res. 748. (consideration: CR H1290-1305; text of amendment in the nature of a substitute: CR H1301)
Rule provides for consideration of H.R. 1865. Rule provides for consideration of H.R. 1865 under a structured rule with one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary. The rule makes in order an amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill. The rule also provides one motion to recommit with or without instructions.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 748 and Rule XVIII.
The Speaker designated the Honorable Jeff Denham to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1865.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Mrs. Mimi Walters (CA) amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Mimi Walters amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Lofgren demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 3.
Mrs. Roby moved that the Committee rise.
On motion that the Committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 1865 as unfinished business.
Considered as unfinished business. (consideration: CR H1317-1319)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1865.
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
On passage Passed by recorded vote: 388 - 25 (Roll no. 91).
Civil actions and liabilityCrimes against childrenCrime victimsCriminal investigation, prosecution, interrogationHuman traffickingInternet and video servicesInternet, web applications, social mediaPornographySex offenses