Allow States and Victims to Fight Online Sex Trafficking Act of 2017
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.
- IntroducedApr 3, 2017
- Passed HouseFeb 27, 2018
- Passed SenateMar 21, 2018
- To the PresidentApr 3, 2018
- Became lawApr 11, 2018Public Law 115-164
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 call | Question | Result | Date |
|---|---|---|---|
| Senate 60 | On Passage of the Bill H.R. 1865 | Bill Passed97–2 | Mar 21, 2018 |
| Senate 57 | On Cloture on the Motion to Proceed H.R. 1865 | Cloture on the Motion to Proceed Agreed to94–2 | Mar 19, 2018 |
| House 91 | On Passage | Passed388–25 | Feb 27, 2018 |
| House 90 | On Agreeing to the Amendment | Agreed to308–107 | Feb 27, 2018 |
Cosponsors 174
Members who signed on, in the order they did. Signatures ran from Apr 3, 2017 to Feb 20, 2018; 9 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-IL | Adam Kinzinger | Original | Apr 3, 2017 |
| D-NY | Carolyn B. Maloney | Original | Apr 3, 2017 |
| R-NJ | Christopher H. Smith | Original | Apr 3, 2017 |
| R-CA | Edward R. Royce | Original | Apr 3, 2017 |
| D-OH | Joyce Beatty | Original | Apr 3, 2017 |
| R-KS | Lynn Jenkins | Original | Apr 3, 2017 |
| R-AL | Martha Roby | Original | Apr 3, 2017 |
| R-TX | Ted Poe | Original | Apr 3, 2017 |
| D-NY | Yvette D. Clarke | Original | Apr 3, 2017 |
| R-PA | Lloyd Smucker | May 18, 2017 | |
| R-TN | Charles J. "Chuck" Fleischmann | Jun 12, 2017 | |
| R-NJ | Leonard Lance | Jun 12, 2017 | |
| R-TX | Randy K. Weber, Sr. | Jun 12, 2017 | |
| R-OH | Steve Stivers | Jun 12, 2017 | |
| D-AL | Terri A. Sewell | Jun 12, 2017 |
Withdrew 1 Jerry McNerney D-CA Sep 25, 2017
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Apr 3, 2017Markup Dec 12, 2017Reported Feb 20, 2018 |
| Crime and Federal Government Surveillance Subcommittee | Referred Apr 26, 2017 | |
| House | Energy and Commerce Committee | Referred Apr 3, 2017Discharged Feb 20, 2018 |
| Communications and Technology Subcommittee | Referred Apr 7, 2017 |
Actions 46
Everything that happened, newest first.
- Apr 11, 2018Signed by President.
- Apr 11, 2018Became Public Law No: 115-164.
- Apr 3, 2018Presented to President.
- Mar 21, 2018Measure laid before Senate by unanimous consent. (consideration: CR S1849-1872)
- Mar 21, 2018Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 97 - 2. Record Vote Number: 60.
- Mar 21, 2018Message on Senate action sent to the House.
- Mar 20, 2018Motion to proceed to measure considered in Senate. (CR S1801)
- Mar 19, 2018Motion to proceed to measure considered in Senate. (CR S1773)
- Mar 19, 2018Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 94 - 2. Record Vote Number: 57. (CR S1780)
- Mar 19, 2018Senate vitiated previous cloture on the motion to proceed to the measure by Unanimous Consent. (consideration: CR S1780-1784)
- Mar 15, 2018Motion to proceed to measure considered in Senate. (CR S1742)
- Mar 14, 2018Motion to proceed to consideration of measure made in Senate. (CR S1731)
- Mar 14, 2018Cloture motion on the motion to proceed to the measure presented in Senate.
- Mar 1, 2018Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 339.
- Feb 28, 2018Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
- Feb 27, 2018Rule H. Res. 748 passed House.
- Feb 27, 2018Considered under the provisions of rule H. Res. 748. (consideration: CR H1290-1305; text of amendment in the nature of a substitute: CR H1301)
- Feb 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.
- Feb 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.
- Feb 27, 2018The Speaker designated the Honorable Jeff Denham to act as Chairman of the Committee.
- Feb 27, 2018GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1865.
- Feb 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.
- Feb 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.
- Feb 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.
- Feb 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.
- Feb 27, 2018Mrs. Roby moved that the Committee rise.
- Feb 27, 2018On motion that the Committee rise Agreed to by voice vote.
- Feb 27, 2018Committee of the Whole House on the state of the Union rises leaving H.R. 1865 as unfinished business.
- Feb 27, 2018Considered as unfinished business. (consideration: CR H1317-1319)
- Feb 27, 2018The House resolved into Committee of the Whole House on the state of the Union for further consideration.
- Feb 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.
- Feb 27, 2018The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1865.
- Feb 27, 2018The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
- Feb 27, 2018The previous question was ordered pursuant to the rule.
- Feb 27, 2018Passed/agreed to in House: On passage Passed by recorded vote: 388 - 25 (Roll no. 91).
- Feb 27, 2018Motion to reconsider laid on the table Agreed to without objection.
- Feb 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.
- Feb 20, 2018Reported (Amended) by the Committee on Judiciary. H. Rept. 115-572, Part I.
- Feb 20, 2018Committee on Energy and Commerce discharged.
- Feb 20, 2018Placed on the Union Calendar, Calendar No. 432.
- Dec 12, 2017Committee Consideration and Mark-up Session Held.
- Dec 12, 2017Ordered to be Reported (Amended) by Voice Vote.
- Apr 26, 2017Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
- Apr 7, 2017Referred to the Subcommittee on Communications and Technology.
- Apr 3, 2017Introduced in House
- Apr 3, 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.
In the Congressional Record 16
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H3195 | Erik Paulsen R-MN | Apr 12, 2018 |
| Senate | Debate and remarks S2053, S2079–S2081 | John Cornyn R-TX, Rob Portman R-OH | Apr 11, 2018 |
| Senate | Debate and remarks S1849–S1861, S1864–S1872Amendments S1865Motions S1871Recorded votes S1871, S1872enactWyden motion to waive Budget Act and budget rules relative to Wyden amendment (Dept. of Justice prosecution of website operators that facilitate sex trafficking) | Bill Nelson D-FL, Charles E. Schumer D-NY, Chuck Grassley R-IA, Claire McCaskill D-MO, Dan Sullivan R-AK, Deb Fischer R-NE, Heidi Heitkamp D-ND, John Thune R-SD, Lisa Murkowski R-AK, Mitch McConnell R-KY, Patrick J. Leahy D-VT, Richard Blumenthal D-CT, Richard J. Durbin D-IL, Rob Portman R-OH, Ron Wyden D-OR (amendment, motion) | Mar 21, 2018 |
| Senate | Debate and remarks S1799, S1801, S1807, S1816, S1827–S1830, S1833Amendments S1846Motions S1801 | Claire McCaskill D-MO, Jeff Merkley D-OR (amendment), John Boozman R-AR, John Cornyn R-TX, John Thune R-SD, Mitch McConnell R-KY, Richard Blumenthal D-CT, Rob Portman R-OH, Sherrod Brown D-OH | Mar 20, 2018 |
| Senate | Debate and remarks S1773, S1774, S1780–S1783, S1784Amendments S1795Motions S1773Cloture motions S1780Recorded votes S1780cloture motion on motion to proceed | Dan Sullivan R-AK (cloture motion), James Lankford R-OK (cloture motion), John Cornyn R-TX (cloture motion), John Hoeven R-ND (cloture motion), John Kennedy R-LA (cloture motion), Johnny Isakson R-GA (cloture motion), Joni Ernst R-IA (cloture motion), Mike Crapo R-ID (cloture motion), Mike Rounds R-SD (cloture motion), Mitch McConnell R-KY (cloture motion), Patrick J. Toomey R-PA (cloture motion), Richard Burr R-NC (cloture motion), Rob Portman R-OH (cloture motion), Roger F. Wicker R-MS (cloture motion), Ron Wyden D-OR (amendment), Steve Daines R-MT (cloture motion), Thom Tillis R-NC (cloture motion), Tom Cotton R-AR (cloture motion) | Mar 19, 2018 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimate
- Feb 8, 2018H.R. 1865, Allow States and Victims to Fight Online Sex Trafficking Act of 2017As ordered reported by the House Committee on the Judiciary on December 12, 2017
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 57, April 3, 2017, page H2630.
Printed hearings 3
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 115-84 | THE LATEST DEVELOPMENTS IN COMBATING ONLINE SEX TRAFFICKING125 pages | Energy and Commerce Committee | Nov 30, 2017 |
| Serial No. 115-43 | ONLINE SEX TRAFFICKING AND THE COMMUNICATIONS DECENCY ACT39 pages | Judiciary Committee | Oct 3, 2017 |
| S. Hrg. 115-590 | S. 1693, THE STOP ENABLING SEX TRAFFICKERS ACT OF 2017101 pages | Commerce, Science, and Transportation Committee | Sep 19, 2017 |
CRS reports 4
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 4
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R42001 | Attempt: An Overview of Federal Criminal Law | Report | Apr 11, 2025 |
| R46751 | Section 230: An Overview | Report | Jan 4, 2024 |
| R47662 | Defining and Regulating Online Platforms | Report | Aug 25, 2023 |
| RL31943 | Budget Enforcement Procedures: The Senate Pay-As-You-Go (PAYGO) Rule | Report | Jan 9, 2023 |
Amendments 5
Amendments offered to this bill.
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 748 | 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. | Procedurally related | Feb 27, 2018 |
| S 1693 | Stop Enabling Sex Traffickers Act of 2017 | Related bill | Jan 10, 2018 |
Titles 8
Every title it has carried, official and short, at each stage.
- Official Title
- An act 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
- Short Title
- Allow States and Victims to Fight Online Sex Trafficking Act of 2017
- Official Title as Introduced
- 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.
- Short Titles as Introduced
- Allow States and Victims to Fight Online Sex Trafficking Act of 2017
- Short Titles as Reported to House
- Allow States and Victims to Fight Online Sex Trafficking Act of 2017
- Short Titles as Passed House
- Allow States and Victims to Fight Online Sex Trafficking Act of 2017
- Short Titles as Passed Senate
- Allow States and Victims to Fight Online Sex Trafficking Act of 2017
- Short Titles as Enacted
- Allow States and Victims to Fight Online Sex Trafficking Act of 2017
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
Text 5
Each version as it was printed, newest first.
- —Enrolled Bill
- Mar 1, 2018Placed on Calendar Senate
- Feb 27, 2018Engrossed in House
- Feb 20, 2018Reported in House
- Apr 3, 2017Introduced in House
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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
