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

Crime and law enforcement. 115th Congress (2017-2018) View bill details
Sponsor:
Summary:
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. (by CRS) 
Status:
The bill has become law. 
Amendments:
5 proposed amendments. 3 accepted. View amendments 
Senate Vote: Motion to Invoke Cloture on the Motion to Proceed to H.R. 1865

PASSED on March 19, 2018.

3/5 required to pass

voted YES: 94 voted NO: 2
4 voted present/not voting

Allow States and Victims to Fight Online Sex Trafficking Act of 2017

H.R. 1865 — 115th Congress (2017–2018)

Summary
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. (by CRS)
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Title
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.
Other Titles
  • Allow States and Victims to Fight Online Sex Trafficking Act of 2017
  • Allow States and Victims to Fight Online Sex Trafficking Act of 2017
  • Allow States and Victims to Fight Online Sex Trafficking Act of 2017
  • Allow States and Victims to Fight Online Sex Trafficking Act of 2017
  • Allow States and Victims to Fight Online Sex Trafficking Act of 2017
  • Allow States and Victims to Fight Online Sex Trafficking Act of 2017
  • Allow States and Victims to Fight Online Sex Trafficking Act of 2017
  • Allow States and Victims to Fight Online Sex Trafficking Act of 2017
Sponsor
Ann Wagner
Co-Sponsors
Subjects
  • Crime and law enforcement
  • Civil actions and liability
  • Crime victims
  • Crimes against children
  • Criminal investigation, prosecution, interrogation
  • Human trafficking
  • Internet and video services
  • Pornography
  • Sex offenses
Related Bills
Major Actions
Introduced4/03/2017
Referred to Committee
Amendments (5 proposed)
Passed House2/27/2018
Passed Senate3/21/2018
Signed by President4/11/2018
Bill History
Chamber/CommitteeMotionDateResult
select this voteHouseOn Agreeing to the Amendment: Amendment 2 to H R 18652/27/2018This motion PASSED the House
308 voted YES 107 voted NO 16 voted present/not voting
select this voteHouseOn Passage: H R 1865 Allow States and Victims to Fight Online Sex Trafficking Act2/27/2018This bill PASSED the House
388 voted YES 25 voted NO 18 voted present/not voting
select this voteHouseOn agreeing to the Goodlatte amendment (A001) Agreed to by voice vote.2/27/2018 by voice vote
select this voteHouseOn agreeing to the Jackson Lee amendment (A003) Agreed to by voice vote.2/27/2018 by voice vote
currently selectedSenateMotion to Invoke Cloture on the Motion to Proceed to H.R. 18653/19/2018This motion PASSED the Senate
94 voted YES 2 voted NO 4 voted present/not voting
select this voteSenateOn the Motion (Motion to Waive All Applicable Budgetary Discipline Re: Wyden Amdt. No. 2213)3/21/2018This amendment DID NOT PASS the Senate
21 voted YES 78 voted NO 1 voted present/not voting
select this voteSenateOn Passage of the Bill H.R. 18653/21/2018This bill PASSED the Senate
97 voted YES 2 voted NO 1 voted present/not voting
ActionDateDescription
Introduced4/03/2017
4/03/2017Introduced in House
4/03/2017Referred 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.
4/07/2017Referred to the Subcommittee on Communications and Technology.
4/26/2017Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
12/12/2017Committee Consideration and Mark-up Session Held.
Put on a legislative calendar12/12/2017Ordered to be Reported (Amended) by Voice Vote.
2/20/2018Reported (Amended) by the Committee on Judiciary. H. Rept. 115-572, Part I.
2/20/2018Committee on Energy and Commerce discharged.
Put on a legislative calendar2/20/2018Placed on the Union Calendar, Calendar No. 432.
2/26/2018Rules 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.
2/27/2018
2/27/2018House amendment offered
2/27/2018
2/27/2018House amendment offered
2/27/2018
2/27/2018House amendment offered
2/27/2018Rule H. Res. 748 passed House.
2/27/2018Considered under the provisions of rule H. Res. 748.
2/27/2018Rule 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.
2/27/2018House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 748 and Rule XVIII.
2/27/2018The Speaker designated the Honorable Jeff Denham to act as Chairman of the Committee.
2/27/2018GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1865.
2/27/2018DEBATE - 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.
2/27/2018DEBATE - 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.
2/27/2018POSTPONED 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.
2/27/2018DEBATE - 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.
2/27/2018Mrs. Roby moved that the Committee rise.
2/27/2018On motion that the Committee rise Agreed to by voice vote.
2/27/2018Committee of the Whole House on the state of the Union rises leaving H.R. 1865 as unfinished business.
2/27/2018Considered as unfinished business.
2/27/2018The House resolved into Committee of the Whole House on the state of the Union for further consideration.
2/27/2018UNFINISHED 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.
2/27/2018The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1865.
2/27/2018The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
2/27/2018The previous question was ordered pursuant to the rule.
2/27/2018Motion to reconsider laid on the table Agreed to without objection.
select this voteVote2/27/2018On Agreeing to the Amendment: Amendment 2 to H R 1865
select this voteHouse Vote on Passage2/27/2018On Passage: H R 1865 Allow States and Victims to Fight Online Sex Trafficking Act
2/27/2018Amendment (A001) offered by Mr. Goodlatte.
2/27/2018House amendment offered/reported by: Amendment (A001) offered by Mr. Goodlatte.
select this voteVote2/27/2018On agreeing to the Goodlatte amendment (A001) Agreed to by voice vote.
2/27/2018House amendment agreed to: On agreeing to the Goodlatte amendment (A001) Agreed to by voice vote.
2/27/2018Amendment agreed to Committee of the Whole
2/27/2018Amendment (A002) offered by Mrs. Walters, Mimi.
2/27/2018House amendment offered/reported by: Amendment (A002) offered by Mrs. Walters, Mimi.
2/27/2018Amendment (A003) offered by Ms. Jackson Lee.
2/27/2018House amendment offered/reported by: Amendment (A003) offered by Ms. Jackson Lee.
select this voteVote2/27/2018On agreeing to the Jackson Lee amendment (A003) Agreed to by voice vote.
2/27/2018Amendment agreed to Committee of the Whole
2/27/2018House amendment agreed to: On agreeing to the Jackson Lee amendment (A003) Agreed to by voice vote.
2/27/2018Amendment agreed to Committee of the Whole
2/27/2018Roll call votes on amendments in House
2/28/2018Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Put on a legislative calendar3/01/2018Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 339.
3/14/2018Motion to proceed to consideration of measure made in Senate.
3/14/2018Cloture motion on the motion to proceed to the measure presented in Senate.
3/15/2018Motion to proceed to measure considered in Senate.
3/19/2018
3/19/2018Senate amendment submitted
3/19/2018
3/19/2018Senate amendment submitted
3/19/2018Motion to proceed to measure considered in Senate.
3/19/2018Senate vitiated previous cloture on the motion to proceed to the measure by Unanimous Consent.
currently selectedVote3/19/2018Motion to Invoke Cloture on the Motion to Proceed to H.R. 1865
3/20/2018Motion to proceed to measure considered in Senate.
3/21/2018Proposed amendment SA 2212 withdrawn in Senate.
3/21/2018Senate amendment proposed (on the floor): Amendment SA 2212 proposed by Senator Wyden.
3/21/2018Amendment SA 2213 ruled out of order by the chair.
3/21/2018Point of order that the amendement violates section 4106(a) of H.Con.Res. 71, 115th Congress, raised in Senate with respect to amendment SA 2213.
3/21/2018Senate amendment proposed (on the floor): Amendment SA 2213 proposed by Senator Wyden.
3/21/2018Measure laid before Senate by unanimous consent.
3/21/2018Message on Senate action sent to the House.
3/21/2018Amendment SA 2212 proposed by Senator Wyden. (consideration: CR S1865-1871; text: CR S1865) To clarify that efforts of a provider or user of an interactive computer service to identify, restrict access to, or remove objectionable material shall not be considered in determining the criminal or civil liability of the provider or user for other material.
3/21/2018Amendment SA 2213 proposed by Senator Wyden. (consideration: CR S1865-1871; text: CR S1865) To provide additional funding to the Department of Justice to combat the online facilitation of sex trafficking.
select this voteVote3/21/2018On the Motion (Motion to Waive All Applicable Budgetary Discipline Re: Wyden Amdt. No. 2213)
select this voteSenate Vote on Passage3/21/2018On Passage of the Bill H.R. 1865
Presented to President4/03/2018Presented to President.
Signed4/11/2018Signed by President.
Enacted4/11/2018Became Public Law No: 115-164.
NumberSponsorDate OfferedStatus
select this voteH. Amdt. 525Goodlatte, Bob [R-VA6]February 27, 2018Passed by voice vote on February 27, 2018.

An amendment numbered 1 printed in House Report 115-583 to make technical changes to the bill, add 'attempt' language that had been inadvertently omitted, clarify that only sex trafficking victims may recover restitution, and permit the existing affirmative defense to be raised in cases where a defendant is being prosecuted under subsection 2421A(b)(1).

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H. Amdt. 526Walters, Mimi [R-CA45]February 27, 2018Passed by voice vote on February 27, 2018.

An amendment numbered 2 printed in House Report 115-583 to allow enforcement of criminal and civil sex trafficking laws against websites that knowingly facilitate online sex trafficking.

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select this voteH. Amdt. 527Jackson Lee, Sheila [D-TX18]February 27, 2018Passed by voice vote on February 27, 2018.

An amendment numbered 3 printed in House Report 115-583 to request a 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).

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S. Amdt. 2212Wyden, Ron [D-OR]March 19, 2018Withdrawn on March 20, 2018.

To clarify that efforts of a provider or user of an interactive computer service to identify, restrict access to, or remove objectionable material shall not be considered in determining the criminal or civil liability of the provider or user for other material.

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select this voteS. Amdt. 2213Wyden, Ron [D-OR]March 19, 2018Offered on March 18, 2018.

To provide additional funding to the Department of Justice to combat the online facilitation of sex trafficking.

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0 Organizations Supported and 0 Opposed

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Allow States and Victims to Fight Online Sex Trafficking Act of 2017: Motion to Invoke Cloture on the Motion to Proceed to H.R. 1865

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Includes reported contributions to congressional campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, November 29, 2010 – November 28, 2016.
Contributions data source: OpenSecrets.org

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NamePartyState$ From Interest Groups
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$ From Interest Groups
That Opposed
Vote
Andrew Lamar AlexanderRTN$0$0Yes
Tammy BaldwinDWI$0$0Yes
John BarrassoRWY$0$0Yes
Michael F. BennetDCO$0$0Yes
Richard BlumenthalDCT$0$0Yes
Roy BluntRMO$0$0Yes
Cory A. BookerDNJ$0$0Yes
John BoozmanRAR$0$0Yes
Sherrod BrownDOH$0$0Yes
Richard BurrRNC$0$0Not Voting
Maria CantwellDWA$0$0Yes
Shelley Moore CapitoRWV$0$0Yes
Ben CardinDMD$0$0Yes
Tom CarperDDE$0$0Yes
Bob CaseyDPA$0$0Yes
Bill CassidyRLA$0$0Yes
William Thad CochranRMS$0$0Yes
Susan M. CollinsRME$0$0Yes
Christopher A. CoonsDDE$0$0Yes
Bob CorkerRTN$0$0Yes
John CornynRTX$0$0Yes
Catherine Cortez MastoDNV$0$0Yes
Tom CottonRAR$0$0Yes
Mike CrapoRID$0$0Yes
Ted CruzRTX$0$0Yes
Steve DainesRMT$0$0Yes
Joe DonnellyDIN$0$0Yes
Tammy DuckworthDIL$0$0Yes
Dick DurbinDIL$0$0Yes
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Deb FischerRNE$0$0Yes
Jeff FlakeRAZ$0$0Yes
Cory GardnerRCO$0$0Yes
Kirsten E. GillibrandDNY$0$0Yes
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Chuck GrassleyRIA$0$0Yes
Kamala D. HarrisDCA$0$0Yes
Margaret Wood HassanDNH$0$0Yes
Orrin G. HatchRUT$0$0Yes
Martin HeinrichDNM$0$0Yes
Heidi HeitkampDND$0$0Yes
Dean HellerRNV$0$0Yes
Mazie K. HironoDHI$0$0Yes
John HoevenRND$0$0Yes
Jim InhofeROK$0$0Yes
Johnny IsaksonRGA$0$0Yes
Ron JohnsonRWI$0$0Yes
Doug JonesDAL$0$0Yes
Tim KaineDVA$0$0Yes
John KennedyRLA$0$0Yes
Angus S. King, Jr.IME$0$0Yes
Amy KlobucharDMN$0$0Yes
James LankfordROK$0$0Yes
Patrick J. LeahyDVT$0$0Yes
Mike LeeRUT$0$0Yes
Joe Manchin, IIIDWV$0$0Yes
Ed MarkeyDMA$0$0Yes
John McCainRAZ$0$0Not Voting
Claire McCaskillDMO$0$0Yes
Addison "Mitch" McConnellRKY$0$0Yes
Bob MenéndezDNJ$0$0Yes
Jeff MerkleyDOR$0$0Yes
Jerry MoranRKS$0$0Yes
Lisa MurkowskiRAK$0$0Yes
Chris MurphyDCT$0$0Yes
Patty MurrayDWA$0$0Yes
Clarence "Bill" NelsonDFL$0$0Yes
Rand PaulRKY$0$0No
David PerdueRGA$0$0Yes
Gary C. PetersDMI$0$0Yes
Rob PortmanROH$0$0Yes
John "Jack" ReedDRI$0$0Yes
Jim RischRID$0$0Yes
Charles "Pat" RobertsRKS$0$0Not Voting
Mike RoundsRSD$0$0Yes
Marco RubioRFL$0$0Yes
Bernie SandersIVT$0$0Yes
Ben SasseRNE$0$0Yes
Brian SchatzDHI$0$0Yes
Chuck SchumerDNY$0$0Yes
Tim ScottRSC$0$0Yes
Jeanne ShaheenDNH$0$0Yes
Richard C. ShelbyRAL$0$0Yes
Tina SmithDMN$0$0Yes
Debbie StabenowDMI$0$0Yes
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Jon TesterDMT$0$0Yes
John ThuneRSD$0$0Yes
Thom TillisRNC$0$0Yes
Patrick J. ToomeyRPA$0$0Not Voting
Tom UdallDNM$0$0Yes
Chris Van HollenDMD$0$0Yes
Mark R. WarnerDVA$0$0Yes
Elizabeth WarrenDMA$0$0Yes
Sheldon WhitehouseDRI$0$0Yes
Roger F. WickerRMS$0$0Yes
Ron WydenDOR$0$0No
Todd YoungRIN$0$0Yes

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