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[House Report 115-583]
[From the U.S. Government Publishing Office]

115th Congress     }                                  {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                  {       115-583

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   PROVIDING 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

                                _______
                                

 February 26, 2018.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

         Mr. Collins of Georgia, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 748]

    The Committee on Rules, having had under consideration 
House Resolution 748, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1865, 
Allow States and Victims to Fight Online Sex Trafficking Act of 
2017, under a structured rule. The resolution provides one hour 
of general debate equally divided and controlled by the chair 
and ranking minority member of the Committee on the Judiciary. 
The resolution waives all points of order against consideration 
of the bill. The resolution 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. The resolution waives all points of order against that 
amendment in the nature of a substitute. The resolution makes 
in order only those further amendments printed in this report. 
Each such amendment may be offered only in the order printed in 
this report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this 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. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text, the Committee is not aware of any points of 
order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Goodlatte (VA): 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): Allows enforcement of criminal and 
civil sex trafficking laws against websites that knowingly 
facilitate online sex trafficking. (10 minutes)
    3. Jackson Lee (TX): 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)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Goodlatte of Virginia 
               or His Designee, Debatable for 10 Minutes

  Page 5, beginning on line 12, strike ``contribute to sex 
trafficking'' and insert ``websites that facilitate traffickers 
in advertising the sale of unlawful sex acts with sex 
trafficking victims''.
  Page 6, beginning on line 8, strike ``Whoever uses or 
operates a facility or means of interstate or foreign commerce 
or attempts to do so'' and insert ``Whoever, using a facility 
or means of interstate or foreign commerce or in or affecting 
interstate or foreign commerce, owns, manages, or operates an 
interactive computer service (as such term is defined in 
defined in section 230(f) the Communications Act of 1934 (47 
U.S.C. 230(f))), or conspires or attempts to do so,''.
  Page 6, beginning on line 13, strike ``Whoever uses or 
operates a facility or means of interstate or foreign 
commerce'' and insert ``Whoever, using a facility or means of 
interstate or foreign commerce or in or affecting interstate or 
foreign commerce, owns, manages, or operates an interactive 
computer service (as such term is defined in defined in section 
230(f) the Communications Act of 1934 (47 U.S.C. 230(f))), or 
conspires or attempts to do so,''.
  Page 7, line 1, strike ``Consistent'' and all that follows 
through line 7.
  Page 7, line 11, strike ``offense under this section.'' and 
insert the following: ``violation of subsection (b)(2). The 
scope and nature of such restitution shall be consistent with 
section 2327(b).''.
  Page 7, line 13, insert after ``subsection (a)'' the 
following: ``, or subsection (b)(1)''.
                              ----------                              

 2. An Amendment To Be Offered by Representative Walters of California 
               or Her Designee, Debatable for 10 Minutes

  Page 7, line 21, strike ``communications decency act'' and 
insert ``ensuring ability to enforce federal and state criminal 
and civil law relating to sex trafficking''.
  Page 7, line 22, strike ``Section 230'' and insert ``(a) In 
General--Section 230''.
  Page 8, strike line 1 and all that follows through line 13, 
and insert the following:
          ``(5) No effect on sex trafficking law.--Nothing in 
        this section (other than subsection (c)(2)(A)) shall be 
        construed to impair or limit--
                  ``(A) any claim in a civil action brought 
                under section 1595 of title 18, United States 
                Code, if the conduct underlying the claim 
                constitutes a violation of section 1591 of that 
                title;
                  ``(B) any charge in a criminal prosecution 
                brought under State law if the conduct 
                underlying the charge would constitute a 
                violation of section 1591 of title 18, United 
                States Code; or
                  ``(C) any charge in a criminal prosecution 
                brought under State law if the conduct 
                underlying the charge would constitute a 
                violation of section 2421A of title 18, United 
                States Code, and promotion or facilitation of 
                prostitution is illegal in the jurisdiction 
                where the defendant's promotion or facilitation 
                of prostitution was targeted.''.
  Page 8, after line 13, insert the following:
  (b) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act, and 
the amendment made by subsection (a) shall apply regardless of 
whether the conduct alleged occurred, or is alleged to have 
occurred, before, on, or after such date of enactment.

SEC. 5. ENSURING FEDERAL LIABILITY FOR PUBLISHING INFORMATION DESIGNED 
                    TO FACILITATE SEX TRAFFICKING OR OTHERWISE 
                    FACILITATING SEX TRAFFICKING.

  Section 1591(e) of title 18, United States Code, is amended--
          (1) by redesignating paragraphs (4) and (5) as 
        paragraphs (5) and (6), respectively; and
          (2) by inserting after paragraph (3) the following:
          ``(4) The term `participation in a venture' means 
        knowingly assisting, supporting, or facilitating a 
        violation of subsection (a)(1).''.

SEC. 6. ACTIONS BY STATE ATTORNEYS GENERAL.

  (a) In General.--Section 1595 of title 18, United States 
Code, is amended by adding at the end the following:
  ``(d) In any case in which the attorney general of a State 
has reason to believe that an interest of the residents of that 
State has been or is threatened or adversely affected by any 
person who violates section 1591, the attorney general of the 
State, as parens patriae, may bring a civil action against such 
person on behalf of the residents of the State in an 
appropriate district court of the United States to obtain 
appropriate relief.''.
  (b) Technical and Conforming Amendments.--Section 1595 of 
title 18, United States Code, is amended--
          (1) in subsection (b)(1), by striking ``this 
        section'' and inserting ``subsection (a)''; and
          (2) in subsection (c), in the matter preceding 
        paragraph (1), by striking ``this section'' and 
        inserting ``subsection (a)''.
  Page 8, line 14, strike ``5'' and insert ``7''.
                              ----------                              

3. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Add at the end of the bill the following:

SEC. 6. GAO STUDY.

  On the date that is 3 years after the date of the enactment 
of this Act, the Comptroller General of the United States shall 
conduct a study and submit to the Committees on the Judiciary 
of the House of Representatives and of the Senate, the 
Committee on Homeland Security of the House of Representatives, 
and the Committee on Homeland Security and Governmental Affairs 
of the Senate, a report which includes the following:
          (1) Information on each civil action brought pursuant 
        to section 2421A(c) of title 18, United States Code, 
        that resulted in an award of damages, including the 
        amount claimed, the nature or description of the losses 
        claimed to support the amount claimed, the losses 
        proven, and the nature or description of the losses 
        proven to support the amount awarded.
          (2) Information on each civil action brought pursuant 
        to section 2421A(c) of title 18, United States Code, 
        that did not result in an award of damages, including--
                  (A) the amount claimed and the nature or 
                description of the losses claimed to support 
                the amount claimed; and
                  (B) whether the case was dismissed, and if 
                the case was dismissed, information describing 
                the reason for the dismissal.
          (3) Information on each order of restitution entered 
        pursuant to section 2421A(d) of title 18, United States 
        Code, including--
                  (A) whether the defendant was a corporation 
                or an individual;
                  (B) the amount requested by the Government 
                and the justification for, and calculation of, 
                the amount requested, if restitution was 
                requested; and
                  (C) the amount ordered by the court and the 
                justification for, and calculation of, the 
                amount ordered.
          (4) For each defendant convicted of violating section 
        2421A(b) of title 18, United States Code, that was not 
        ordered to pay restitution--
                  (A) whether the defendant was a corporation 
                or an individual;
                  (B) the amount requested by the Government, 
                if restitution was requested; and
                  (C) information describing the reason that 
                the court did not order restitution.

                                  [all]
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