H. Res. 748: H.R. 1865 - Allow States and Victims to Fight Online Sex Trafficking Act of 2017

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Monday, February 26, 2018.

FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 235-175 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 228-184 on Tuesday, February 27, 2018.

MANAGERS: Slaughter/Collins

115th Congress

2nd Session

Rule

H. RES. 748

Report No. 115-583

 

H.R. 1865 -Allow States and Victims to Fight Online Sex Trafficking Act of2017

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
  3. Waives all points of order against consideration of the bill.
  4. Makes in order as original text for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill and provides that it shall be considered as read.
  5. Waives all points of order against that amendment in the nature of a substitute.
  6. Makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
  7. Waives all points of order against the amendments printed in the report.
  8. Provides one motion to recommit with or without instructions.

 

RESOLUTION

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1865) to amend the Communications Act of 1934 to clarify that section 230 of such Act does not prohibit the enforcement against providers and users of interactive computer services of Federal and State criminal and civil law relating to sexual exploitation of children or sex trafficking, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

 

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Goodlatte (VA)

#2

(REVISED) Makes technical changes to the bill, adds "attempt" language that had been inadvertently omitted, clarifies that only sex trafficking victims may recover restitution, and permits the existing affirmative defense to be raised in cases where a defendant is being prosecuted under subsection 2421A(b)(1).

(10 minutes)

2. Walters, Mimi (CA)

#1

(REVISED) Allows enforcement of criminal and civil sex trafficking laws against websites that knowingly facilitate online sex trafficking.

(10 minutes)

3. Jackson Lee (TX)

#3

(REVISED) Requests GAO study of: 1) civil damages claimed and awarded in civil actions where the claimant alleges the defendant promoted or facilitated the prostitution of five or more people, or acted in reckless disregard of the fact that their conduct contributed to sex trafficking, filed pursuant to 18 USC 2421A(c); and 2) mandatory restitution requested and orders imposed by courts where a defendant is convicted of using or operating a facility or means of interstate or foreign commerce with intent to promote or facilitate the prostitution of another, promoted or facilitated the prostitution of five or more people, or acted in reckless disregard of the fact that their conduct contributed to sex trafficking, pursuant to 18 USC 2421A(d).

(10 minutes)