II 

Calendar No. 339 

115TH CONGRESS 

2D SESSION H. R. 1865 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2018 

Received; read the first time 

MARCH 1, 2018 

Read the second time and placed on the calendar 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Allow States and Vic3 tims to Fight Online Sex Trafficking Act of 2017’’. 

4 SEC. 2. SENSE OF CONGRESS. 

5 It is the sense of Congress that— 

6 (1) section 230 of the Communications Act of 

7 1934 (47 U.S.C. 230; commonly known as the 

8 ‘‘Communications Decency Act of 1996’’) was never 

9 intended to provide legal protection to websites that 

10 unlawfully promote and facilitate prostitution and 

11 websites that facilitate traffickers in advertising the 

12 sale of unlawful sex acts with sex trafficking victims; 

13 (2) websites that promote and facilitate pros14 titution have been reckless in allowing the sale of sex 

15 trafficking victims and have done nothing to prevent 

16 the trafficking of children and victims of force, 

17 fraud, and coercion; and 

18 (3) clarification of such section is warranted to 

19 ensure that such section does not provide such pro20 tection to such websites. 

21 SEC. 3. PROMOTION OF PROSTITUTION AND RECKLESS DIS22 REGARD OF SEX TRAFFICKING. 

23 (a) PROMOTION OF PROSTITUTION.—Chapter 117 of 

24 title 18, United States Code, is amended by inserting after 

25 section 2421 the following: 


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1 ‘‘§ 2421A. Promotion or facilitation of prostitution 

2 and reckless disregard of sex trafficking 

3 ‘‘(a) IN GENERAL.—Whoever, using a facility or 

4 means of interstate or foreign commerce or in or affecting 

5 interstate or foreign commerce, owns, manages, or oper6 ates an interactive computer service (as such term is de7 fined in defined in section 230(f) the Communications Act 

8 of 1934 (47 U.S.C. 230(f))), or conspires or attempts to 

9 do so, with the intent to promote or facilitate the prostitu10 tion of another person shall be fined under this title, im11 prisoned for not more than 10 years, or both. 

12 ‘‘(b) AGGRAVATED VIOLATION.—Whoever, using a 

13 facility or means of interstate or foreign commerce or in 

14 or affecting interstate or foreign commerce, owns, man15 ages, or operates an interactive computer service (as such 

16 term is defined in defined in section 230(f) the Commu17 nications Act of 1934 (47 U.S.C. 230(f))), or conspires 

18 or attempts to do so, with the intent to promote or facili19 tate the prostitution of another person and— 

20 ‘‘(1) promotes or facilitates the prostitution of 

21 5 or more persons; or 

22 ‘‘(2) acts in reckless disregard of the fact that 

23 such conduct contributed to sex trafficking, in viola24 tion of 1591(a), 

25 shall be fined under this title, imprisoned for not more 

26 than 25 years, or both. 


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1 ‘‘(c) CIVIL RECOVERY.—Any person injured by rea2 son of a violation of section 2421A(b) may recover dam3 ages and reasonable attorneys’ fees in an action before any 

4 appropriate United States district court. 

5 ‘‘(d) MANDATORY RESTITUTION.—Notwithstanding 

6 sections 3663 or 3663A and in addition to any other civil 

7 or criminal penalties authorized by law, the court shall 

8 order restitution for any violation of subsection (b)(2). 

9 The scope and nature of such restitution shall be con10 sistent with section 2327(b). 

11 ‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an affirm12 ative defense to a charge of violating subsection (a), or 

13 subsection (b)(1) where the defendant proves, by a prepon14 derance of the evidence, that the promotion or facilitation 

15 of prostitution is legal in the jurisdiction where the pro16 motion or facilitation was targeted.’’. 

17 (b) TABLE OF CONTENTS.—The table of contents for 

18 such chapter is amended by inserting after the item relat19 ing to section 2421 the following: 

‘‘2421A. Promotion or facilitation of prostitution and reckless disregard of sex 

trafficking.’’. 


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1 SEC. 4. ENSURING ABILITY TO ENFORCE FEDERAL AND 

2 STATE CRIMINAL AND CIVIL LAW RELATING 

3 TO SEX TRAFFICKING. 

4 (a) IN GENERAL.—Section 230(e) of the Commu5 nications Act of 1934 (47 U.S.C. 230(e)) is amended by 

6 adding at the end the following: 

7 ‘‘(5) NO EFFECT ON SEX TRAFFICKING LAW.— 

8 Nothing in this section (other than subsection 

9 (c)(2)(A)) shall be construed to impair or limit— 

10 ‘‘(A) any claim in a civil action brought 

11 under section 1595 of title 18, United States 

12 Code, if the conduct underlying the claim con13 stitutes a violation of section 1591 of that title; 

14 ‘‘(B) any charge in a criminal prosecution 

15 brought under State law if the conduct under16 lying the charge would constitute a violation of 

17 section 1591 of title 18, United States Code; or 

18 ‘‘(C) any charge in a criminal prosecution 

19 brought under State law if the conduct under20 lying the charge would constitute a violation of 

21 section 2421A of title 18, United States Code, 

22 and promotion or facilitation of prostitution is 

23 illegal in the jurisdiction where the defendant’s 

24 promotion or facilitation of prostitution was 

25 targeted.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the date of the enactment 

3 of this Act, and the amendment made by subsection (a) 

4 shall apply regardless of whether the conduct alleged oc5 curred, or is alleged to have occurred, before, on, or after 

6 such date of enactment. 

7 SEC. 5. ENSURING FEDERAL LIABILITY FOR PUBLISHING 

8 INFORMATION DESIGNED TO FACILITATE 

9 SEX TRAFFICKING OR OTHERWISE FACILI10 TATING SEX TRAFFICKING. 

11 Section 1591(e) of title 18, United States Code, is 

12 amended— 

13 (1) by redesignating paragraphs (4) and (5) as 

14 paragraphs (5) and (6), respectively; and 

15 (2) by inserting after paragraph (3) the fol16 lowing: 

17 ‘‘(4) The term ‘participation in a venture’ 

18 means knowingly assisting, supporting, or facili19 tating a violation of subsection (a)(1).’’. 

20 SEC. 6. ACTIONS BY STATE ATTORNEYS GENERAL. 

21 (a) IN GENERAL.—Section 1595 of title 18, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

24 ‘‘(d) In any case in which the attorney general of a 

25 State has reason to believe that an interest of the residents 


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1 of that State has been or is threatened or adversely af2 fected by any person who violates section 1591, the attor3 ney general of the State, as parens patriae, may bring a 

4 civil action against such person on behalf of the residents 

5 of the State in an appropriate district court of the United 

6 States to obtain appropriate relief.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 Section 1595 of title 18, United States Code, is amend9 ed— 

10 (1) in subsection (b)(1), by striking ‘‘this sec11 tion’’ and inserting ‘‘subsection (a)’’; and 

12 (2) in subsection (c), in the matter preceding 

13 paragraph (1), by striking ‘‘this section’’ and insert14 ing ‘‘subsection (a)’’. 

15 SEC. 7. SAVINGS CLAUSE. 

16 Nothing in this Act or the amendments made by this 

17 Act shall be construed to limit or preempt any civil action 

18 or criminal prosecution under Federal law or State law 

19 (including State statutory law and State common law) 

20 filed before or after the day before the date of enactment 

21 of this Act that was not limited or preempted by section 

22 230 of the Communications Act of 1934 (47 U.S.C. 230), 

23 as such section was in effect on the day before the date 

24 of enactment of this Act. 


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1 SEC. 8. GAO STUDY. 

2 On the date that is 3 years after the date of the en3 actment of this Act, the Comptroller General of the United 

4 States shall conduct a study and submit to the Commit5 tees on the Judiciary of the House of Representatives and 

6 of the Senate, the Committee on Homeland Security of 

7 the House of Representatives, and the Committee on 

8 Homeland Security and Governmental Affairs of the Sen9 ate, a report which includes the following: 

10 (1) Information on each civil action brought 

11 pursuant to section 2421A(c) of title 18, United 

12 States Code, that resulted in an award of damages, 

13 including the amount claimed, the nature or descrip14 tion of the losses claimed to support the amount 

15 claimed, the losses proven, and the nature or de16 scription of the losses proven to support the amount 

17 awarded. 

18 (2) Information on each civil action brought 

19 pursuant to section 2421A(c) of title 18, United 

20 States Code, that did not result in an award of dam21 ages, including— 

22 (A) the amount claimed and the nature or 

23 description of the losses claimed to support the 

24 amount claimed; and 


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1 (B) whether the case was dismissed, and if 

2 the case was dismissed, information describing 

3 the reason for the dismissal. 

4 (3) Information on each order of restitution en5 tered pursuant to section 2421A(d) of title 18, 

6 United States Code, including— 

7 (A) whether the defendant was a corpora8 tion or an individual; 

9 (B) the amount requested by the Govern10 ment and the justification for, and calculation 

11 of, the amount requested, if restitution was re12 quested; and 

13 (C) the amount ordered by the court and 

14 the justification for, and calculation of, the 

15 amount ordered. 

16 (4) For each defendant convicted of violating 

17 section 2421A(b) of title 18, United States Code, 

18 that was not ordered to pay restitution— 

19 (A) whether the defendant was a corpora20 tion or an individual; 

21 (B) the amount requested by the Govern22 ment, if restitution was requested; and 


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1 (C) information describing the reason that 

2 the court did not order restitution. 

Passed the House of Representatives February 27, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 339 

115TH CONGRESS 

2D SESSION H. R. 1865 

AN ACT 

To amend the Communications Act of 1934 to clarother purposes. ploitation of children or sex trafficking, and for State criminal and civil law relating to sexual ex- interactive computer services of Federal and the enforcement against providers and users of ify that section 230 of such Act does not prohibit 

MARCH 1, 2018 

Read the second time and placed on the calendar 


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