HR 1865 · 115th Congress 2017–2019, ended

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

Fact sheet

Latest action · Apr 11, 2018 Became Public Law No: 115-164.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedApr 3, 2017
  2. Passed HouseFeb 27, 2018
  3. Passed SenateMar 21, 2018
  4. To the PresidentApr 3, 2018
  5. Became lawApr 11, 2018

Summary

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.

Recorded votes 4

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
Senate 60Bill Passed97–2Mar 21, 2018
Senate 57Cloture on the Motion to Proceed Agreed to94–2Mar 19, 2018
House 91Passed388–25Feb 27, 2018
House 90Agreed to308–107Feb 27, 2018

Cosponsors 175

Members who signed on, in the order they did. Signatures ran from Apr 3, 2017 to Feb 20, 2018, with 9 there on the day it was introduced.

SeatCosponsorSigned on
R-ILAdam KinzingerOriginalApr 3, 2017
D-NYCarolyn B. MaloneyOriginalApr 3, 2017
R-NJChristopher H. SmithOriginalApr 3, 2017
R-CAEdward R. RoyceOriginalApr 3, 2017
D-OHJoyce BeattyOriginalApr 3, 2017
R-KSLynn JenkinsOriginalApr 3, 2017
R-ALMartha RobyOriginalApr 3, 2017
R-TXTed PoeOriginalApr 3, 2017
D-NYYvette D. ClarkeOriginalApr 3, 2017
R-PALloyd SmuckerMay 18, 2017
R-TNCharles J. "Chuck" FleischmannJun 12, 2017
R-NJLeonard LanceJun 12, 2017
R-TXRandy K. Weber, Sr.Jun 12, 2017
R-OHSteve StiversJun 12, 2017
D-ALTerri A. SewellJun 12, 2017

Actions 48

Everything that happened, newest first.

  1. Apr 11, 2018Became Public Law No: 115-164.
  2. Apr 11, 2018Signed by President.
  3. Apr 3, 2018Presented to President.
  4. Mar 21, 2018Measure laid before Senate by unanimous consent. (consideration: CR S1849-1872)
  5. Mar 21, 2018Message on Senate action sent to the House.

Amendments 5

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 525An 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).Bob Goodlatte R-VAOn agreeing to the Goodlatte amendment (A001) Agreed to by voice vote.
HAmdt 526Amendment allows enforcement of criminal and civil sex trafficking laws against websites that knowingly facilitate online sex trafficking.Mimi Walters R-CAOn agreeing to the Walters, Mimi amendment (A002) Agreed to by recorded vote: 308 - 107 (Roll no. 90
HAmdt 527An 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).Sheila Jackson Lee D-TXOn agreeing to the Jackson Lee amendment (A003) Agreed to by voice vote.
SA 2212To 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.Ron Wyden D-ORProposed amendment SA 2212 withdrawn in Senate. (consideration: CR S1871)
SA 2213To provide additional funding to the Department of Justice to combat the online facilitation of sex trafficking.Ron Wyden D-ORAmendment SA 2213 ruled out of order by the chair.

Related bills 2

Companion bills and other measures the record links to this one.

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 5

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Mar 1, 2018Placed on Calendar Senate
  3. Feb 27, 2018Engrossed in House
  4. Feb 20, 2018Reported in House
  5. Apr 3, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.