HR 1865 - Allow States and Victims to Fight Online Sex Trafficking Act of 2017

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

Version

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
R-NC	David Rouzer		Jun 13, 2017
D-WI	Gwen Moore		Jun 13, 2017
R-IL	John Shimkus		Jun 13, 2017
R-IL	Peter J. Roskam		Jun 13, 2017
D-PA	Dwight Evans		Jun 16, 2017
D-NV	Jacky Rosen		Jun 16, 2017
D-CA	Juan Vargas		Jun 16, 2017
R-OH	Michael R. Turner		Jun 16, 2017
R-VA	Thomas A. Garrett, Jr.		Jun 16, 2017
R-MO	Vicky Hartzler		Jun 16, 2017
R-NY	John Katko		Jun 20, 2017
R-IL	Darin LaHood		Jun 21, 2017
D-FL	Frederica S. Wilson		Jun 21, 2017
D-IL	Robin L. Kelly		Jun 21, 2017
R-CO	Mike Coffman		Jul 11, 2017
R-MO	Blaine Luetkemeyer		Jul 12, 2017
D-FL	Charlie Crist		Jul 12, 2017
R-NY	Elise M. Stefanik		Jul 12, 2017
R-MI	Mike Bishop		Jul 12, 2017
R-VA	Barbara Comstock		Jul 19, 2017
R-IL	Rodney Davis		Jul 19, 2017
D-CA	Salud O. Carbajal		Jul 19, 2017
D-FL	Alcee L. Hastings		Jul 28, 2017
D-NC	Alma S. Adams		Jul 28, 2017
R-MD	Andy Harris		Jul 28, 2017
D-NH	Ann M. Kuster		Jul 28, 2017
D-MD	Anthony G. Brown		Jul 28, 2017
D-MS	Bennie G. Thompson		Jul 28, 2017
R-MO	Billy Long		Jul 28, 2017
R-OH	Bob Gibbs		Jul 28, 2017
D-NJ	Bonnie Watson Coleman		Jul 28, 2017
D-MI	Brenda L. Lawrence		Jul 28, 2017
R-ME	Bruce Poliquin		Jul 28, 2017
D-LA	Cedric L. Richmond		Jul 28, 2017
R-NY	Claudia Tenney		Jul 28, 2017
D-HI	Colleen Hanabusa		Jul 28, 2017
R-NY	Daniel M. Donovan, Jr.		Jul 28, 2017
D-MI	Daniel T. Kildee		Jul 28, 2017
R-VA	Dave Brat		Jul 28, 2017
R-CA	David G. Valadao		Jul 28, 2017
R-IA	David Young		Jul 28, 2017
R-FL	Dennis A. Ross		Jul 28, 2017
R-TN	Diane Black		Jul 28, 2017
D-NJ	Donald M. Payne, Jr.		Jul 28, 2017
D-TX	Eddie Bernice Johnson		Jul 28, 2017
D-MO	Emanuel Cleaver		Jul 28, 2017
D-NC	G. K. Butterfield		Jul 28, 2017
R-AL	Gary J. Palmer		Jul 28, 2017
D-VA	Gerald E. Connolly		Jul 28, 2017
R-FL	Gus M. Bilirakis		Jul 28, 2017
D-TX	Henry Cuellar		Jul 28, 2017
R-FL	Ileana Ros-Lehtinen		Jul 28, 2017
R-WA	Jaime Herrera Beutler		Jul 28, 2017
R-MO	Jason Smith		Jul 28, 2017
R-NY	John J. Faso		Jul 28, 2017
R-TX	K. Michael Conaway		Jul 28, 2017
D-CA	Karen Bass		Jul 28, 2017
R-GA	Karen C. Handel		Jul 28, 2017
R-SD	Kristi L. Noem		Jul 28, 2017
R-TX	Lamar Smith		Jul 28, 2017
R-NY	Lee M. Zeldin		Jul 28, 2017
D-DE	Lisa Blunt Rochester		Jul 28, 2017
R-IN	Luke Messer		Jul 28, 2017
R-NC	Mark Walker		Jul 28, 2017
R-UT	Mia B. Love		Jul 28, 2017
D-NM	Michelle Lujan Grisham		Jul 28, 2017
R-IL	Mike Bost		Jul 28, 2017
R-CA	Mimi Walters		Jul 28, 2017
R-NC	Richard Hudson		Jul 28, 2017
R-NC	Robert Pittenger		Jul 28, 2017
D-CT	Rosa L. DeLauro		Jul 28, 2017
R-MO	Sam Graves		Jul 28, 2017
D-GA	Sanford D. Bishop, Jr.		Jul 28, 2017
D-VI	Stacey E. Plaskett		Jul 28, 2017
R-IN	Susan W. Brooks		Jul 28, 2017
R-FL	Thomas J. Rooney		Jul 28, 2017
R-NJ	Thomas MacArthur		Jul 28, 2017
R-MI	Tim Walberg		Jul 28, 2017
R-OK	Tom Cole		Jul 28, 2017
R-MS	Trent Kelly		Jul 28, 2017
R-NC	Virginia Foxx		Jul 28, 2017
R-OH	Warren Davidson		Jul 28, 2017
D-MO	Wm. Lacy Clay		Jul 28, 2017
R-PA	Keith J. Rothfus		Aug 1, 2017
D-IL	Bobby L. Rush		Aug 4, 2017
R-PA	Brian K. Fitzpatrick		Aug 4, 2017
R-UT	Chris Stewart		Aug 4, 2017
R-OH	David P. Joyce		Aug 4, 2017
D-NY	Gregory W. Meeks		Aug 4, 2017
R-IN	Jackie Walorski		Aug 4, 2017
I-AZ	Kyrsten Sinema		Aug 4, 2017
R-TX	Michael T. McCaul		Aug 4, 2017
D-PA	Robert A. Brady		Aug 4, 2017
D-AZ	Tom O'Halleran		Aug 4, 2017
R-NY	Tom Reed		Aug 4, 2017
R-AZ	Trent Franks		Aug 4, 2017
R-FL	Bill Posey		Sep 6, 2017
D-IL	Danny K. Davis		Sep 6, 2017
R-WV	Evan H. Jenkins		Sep 6, 2017
R-LA	Mike Johnson		Sep 6, 2017
D-TX	Vicente Gonzalez		Sep 6, 2017
D-MA	James P. McGovern		Sep 7, 2017
D-NY	Adriano Espaillat		Sep 13, 2017
D-NV	Dina Titus		Sep 13, 2017
D-TX	Gene Green		Sep 13, 2017
D-GA	John Lewis		Sep 13, 2017
D-NY	Jose E. Serrano		Sep 13, 2017
D-MN	Richard M. Nolan		Sep 13, 2017
D-NY	Sean Patrick Maloney		Sep 13, 2017
D-MA	William R. Keating		Sep 13, 2017
R-FL	Carlos Curbelo		Sep 14, 2017
R-CA	Doug LaMalfa		Sep 14, 2017
R-CO	Doug Lamborn		Sep 14, 2017
R-NE	Jeff Fortenberry		Sep 14, 2017
R-SC	Joe Wilson		Sep 14, 2017
R-TN	Marsha Blackburn		Sep 14, 2017
R-PA	Mike Kelly		Sep 14, 2017
R-TX	Pete Olson		Sep 14, 2017
R-TX	Pete Sessions		Sep 14, 2017
R-IL	Randy Hultgren		Sep 14, 2017
R-AL	Robert B. Aderholt		Sep 14, 2017
R-TN	Scott DesJarlais		Sep 14, 2017
R-NM	Stevan Pearce		Sep 14, 2017
R-IA	Steve King		Sep 14, 2017
D-DC	Eleanor Holmes Norton		Sep 25, 2017
R-NJ	Rodney P. Frelinghuysen		Sep 25, 2017
D-TN	Steve Cohen		Sep 25, 2017
R-MN	Erik Paulsen		Sep 26, 2017
R-TX	Bill Flores		Sep 27, 2017
R-PA	Bill Shuster		Sep 27, 2017
R-WA	David G. Reichert		Sep 27, 2017
R-TN	David P. Roe		Sep 27, 2017
R-TX	Kevin Brady		Sep 27, 2017
D-FL	Al Lawson, Jr.		Oct 3, 2017
R-GA	Austin Scott		Oct 3, 2017
R-AL	Bradley Byrne		Oct 3, 2017
R-IN	Trey Hollingsworth		Oct 3, 2017
R-KY	Brett Guthrie		Oct 11, 2017
D-NY	Kathleen M. Rice		Oct 11, 2017
R-TX	Louie Gohmert		Oct 11, 2017
R-OK	Markwayne Mullin		Oct 11, 2017
R-OH	Patrick J. Tiberi		Oct 11, 2017
R-SC	Tom Rice		Oct 11, 2017
R-WI	F. James Sensenbrenner, Jr.		Oct 12, 2017
R-PA	Lou Barletta		Oct 12, 2017
R-TX	Roger Williams		Oct 12, 2017
R-TX	Michael C. Burgess		Oct 23, 2017
R-KS	Roger Marshall		Oct 23, 2017
R-CA	Stephen Knight		Oct 23, 2017
R-TN	David Kustoff		Oct 24, 2017
R-OK	Frank D. Lucas		Oct 25, 2017
R-TX	John Abney Culberson		Oct 25, 2017
D-MA	Michael E. Capuano		Oct 25, 2017
D-NY	Nydia M. Velázquez		Oct 25, 2017
D-CO	Ed Perlmutter		Nov 6, 2017
D-FL	Debbie Wasserman Schultz		Nov 13, 2017
D-CA	Jim Costa		Dec 11, 2017
R-CA	Ken Calvert		Dec 19, 2017
R-FL	Ted S. Yoho		Feb 20, 2018

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.

Show all 46 actions

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

Show all 16 days

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

H. Rept. 115-572

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

Congress has the power to enact this legislation pursuant to the following: Amendment XIII of the Constitution, which states that ``Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.'' Amendment XIV of the Constitution, which states that ``nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.'' Article I, Section 8, Clause 3 of the Constitution, which states ``To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.''

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.

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

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.

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