HR 1865 · 115th Congress 2017–2019, ended

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

Introduced Apr 3, 2017 Originated House Became Public Law 115-164 Sponsor Ann Wagner R-MO

Fact sheet Spreadsheet

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, 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 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 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.

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
Show all 174 cosponsors

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.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Apr 3, 2017Markup Dec 12, 2017Reported Feb 20, 2018
Crime and Federal Government Surveillance Subcommittee
Referred Apr 26, 2017
HouseEnergy 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.

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

WhereIn the RecordMembersDate
HouseDebate and remarks H3195Erik Paulsen R-MNApr 12, 2018
SenateDebate and remarks S2053, S2079–S2081John Cornyn R-TX, Rob Portman R-OHApr 11, 2018
SenateDebate 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
SenateDebate and remarks S1799, S1801, S1807, S1816, S1827–S1830, S1833Amendments S1846Motions S1801Claire 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-OHMar 20, 2018
SenateDebate and remarks S1773, S1774, S1780–S1783, S1784Amendments S1795Motions S1773Cloture motions S1780Recorded votes S1780cloture motion on motion to proceedDan 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
SenateDebate and remarks S1741, S1744, S1759Mitch McConnell R-KY, Rob Portman R-OH, Roy Blunt R-MOMar 15, 2018
SenateDebate and remarks S1731Motions S1731Cloture motions S1731Dan 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, 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), Steve Daines R-MT (cloture motion), Thom Tillis R-NC (cloture motion), Tom Cotton R-AR (cloture motion)Mar 14, 2018
SenateDebate and remarks S1660–S1662Rob Portman R-OHMar 13, 2018
SenateDebate and remarks S1401Rob Portman R-OHMar 6, 2018
SenateDebate and remarks S1295Mitch McConnell R-KYMar 1, 2018
SenateDebate and remarks S1293Mitch McConnell R-KYFeb 28, 2018
HouseDebate and remarks H1277–H1280, H1290–H1305, H1319Text printed H1277, H1301Amendments H1280, H1301, H1302, H1304Recorded votes H1287, H1288, H1317, H1318consideration (H. Res. 748), previous questionenactWalters amendment (allow enforcement of criminal and civil sex trafficking laws against websites that knowingly facilitate online sex trafficking)Lists H1295Organizations and individuals supporting H.R. 1865, Allow States and Victims To Fight Online Sex Trafficking ActAdriano Espaillat D-NY, Ann Wagner R-MO, Bob Goodlatte R-VA (amendment), Carolyn B. Maloney D-NY, Cathy McMorris Rodgers R-WA, Christopher H. Smith R-NJ, Doug Collins R-GA, Eric A. "Rick" Crawford R-AR, Erik Paulsen R-MN, Jim Costa D-CA, John J. Duncan, Jr. R-TN, Joyce Beatty D-OH, Louise McIntosh Slaughter D-NY (amendment), Martha Roby R-AL, Mimi Walters R-CA (amendment), Sheila Jackson Lee D-TX (amendment), Ted Poe R-TX, Zoe Lofgren D-CAFeb 27, 2018
HouseDeclaratory Statements H1268—Feb 26, 2018
SenateDebate and remarks S85–S87Richard Blumenthal D-CT, Rob Portman R-OHJan 9, 2018
HouseDebate and remarks H7731Erik Paulsen R-MNOct 3, 2017
HouseDebate and remarks H5440Ann Wagner R-MOJul 12, 2017

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

  1. 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.

NumberHearingCommitteeHeld
Serial No. 115-84THE LATEST DEVELOPMENTS IN COMBATING ONLINE SEX TRAFFICKING125 pagesEnergy and Commerce CommitteeNov 30, 2017
Serial No. 115-43ONLINE SEX TRAFFICKING AND THE COMMUNICATIONS DECENCY ACT39 pagesJudiciary CommitteeOct 3, 2017
S. Hrg. 115-590S. 1693, THE STOP ENABLING SEX TRAFFICKERS ACT OF 2017101 pagesCommerce, Science, and Transportation CommitteeSep 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.

ProductTitleKindPublished
R42001Attempt: An Overview of Federal Criminal LawReportApr 11, 2025
R46751Section 230: An OverviewReportJan 4, 2024
R47662Defining and Regulating Online PlatformsReportAug 25, 2023
RL31943Budget Enforcement Procedures: The Senate Pay-As-You-Go (PAYGO) RuleReportJan 9, 2023

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.

BillTitleRelationshipLatest action
HRES 748Providing 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 relatedFeb 27, 2018
S 1693Stop Enabling Sex Traffickers Act of 2017Related billJan 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.

  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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.