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 enforce-
ment against providers and users of interactive computer 
services of Federal and State criminal and civil law relat-
ing to sexual exploitation of children or sex trafficking, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Allow States and Vic-
tims to Fight Online Sex Trafficking Act of 2017’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) section 230 of the Communications Act of 
1934 (47 U.S.C. 230; commonly known as the 
‘‘Communications Decency Act of 1996’’) was never 
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; 
(2) websites that promote and facilitate pros-
titution have been reckless in allowing the sale of sex 
trafficking victims and have done nothing to prevent 
the trafficking of children and victims of force, 
fraud, and coercion; and 
(3) clarification of such section is warranted to 
ensure that such section does not provide such pro-
tection to such websites. 
SEC. 3. PROMOTION OF PROSTITUTION AND RECKLESS DIS-
REGARD OF SEX TRAFFICKING. 
(a) PROMOTION OF PROSTITUTION.—Chapter 117 of 
title 18, United States Code, is amended by inserting after 
section 2421 the following: 
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‘‘§ 2421A. Promotion or facilitation of prostitution 
and reckless disregard of sex trafficking 
‘‘(a) IN GENERAL.—Whoever, using a facility or 
means of interstate or foreign commerce or in or affecting 
interstate or foreign commerce, owns, manages, or oper-
ates an interactive computer service (as such term is de-
fined in defined in section 230(f) the Communications Act 
of 1934 (47 U.S.C. 230(f))), or conspires or attempts to 
do so, with the intent to promote or facilitate the prostitu-
tion of another person shall be fined under this title, im-
prisoned for not more than 10 years, or both. 
‘‘(b) AGGRAVATED VIOLATION.—Whoever, using a 
facility or means of interstate or foreign commerce or in 
or affecting interstate or foreign commerce, owns, man-
ages, or operates an interactive computer service (as such 
term is defined in defined in section 230(f) the Commu-
nications Act of 1934 (47 U.S.C. 230(f))), or conspires 
or attempts to do so, with the intent to promote or facili-
tate the prostitution of another person and— 
‘‘(1) promotes or facilitates the prostitution of 
5 or more persons; or 
‘‘(2) acts in reckless disregard of the fact that 
such conduct contributed to sex trafficking, in viola-
tion of 1591(a), 
shall be fined under this title, imprisoned for not more 
than 25 years, or both. 
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‘‘(c) CIVIL RECOVERY.—Any person injured by rea-
son of a violation of section 2421A(b) may recover dam-
ages and reasonable attorneys’ fees in an action before any 
appropriate United States district court. 
‘‘(d) MANDATORY RESTITUTION.—Notwithstanding 
sections 3663 or 3663A and in addition to any other civil 
or criminal penalties authorized by law, the court shall 
order restitution for any violation of subsection (b)(2). 
The scope and nature of such restitution shall be con-
sistent with section 2327(b). 
‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an affirm-
ative defense to a charge of violating subsection (a), or 
subsection (b)(1) where the defendant proves, by a prepon-
derance of the evidence, that the promotion or facilitation 
of prostitution is legal in the jurisdiction where the pro-
motion or facilitation was targeted.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
such chapter is amended by inserting after the item relat-
ing to section 2421 the following: 
‘‘2421A. Promotion or facilitation of prostitution and reckless disregard of sex 
trafficking.’’. 
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SEC. 4. ENSURING ABILITY TO ENFORCE FEDERAL AND 
STATE CRIMINAL AND CIVIL LAW RELATING 
TO SEX TRAFFICKING. 
(a) IN GENERAL.—Section 230(e) of the Commu-
nications Act of 1934 (47 U.S.C. 230(e)) is amended by 
adding at the end the following: 
‘‘(5) NO EFFECT ON SEX TRAFFICKING LAW.— 
Nothing in this section (other than subsection 
(c)(2)(A)) shall be construed to impair or limit— 
‘‘(A) any claim in a civil action brought 
under section 1595 of title 18, United States 
Code, if the conduct underlying the claim con-
stitutes a violation of section 1591 of that title; 
‘‘(B) any charge in a criminal prosecution 
brought under State law if the conduct under-
lying the charge would constitute a violation of 
section 1591 of title 18, United States Code; or 
‘‘(C) any charge in a criminal prosecution 
brought under State law if the conduct under-
lying the charge would constitute a violation of 
section 2421A of title 18, United States Code, 
and promotion or facilitation of prostitution is 
illegal in the jurisdiction where the defendant’s 
promotion or facilitation of prostitution was 
targeted.’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, and the amendment made by subsection (a) 
shall apply regardless of whether the conduct alleged oc-
curred, or is alleged to have occurred, before, on, or after 
such date of enactment. 
SEC. 5. ENSURING FEDERAL LIABILITY FOR PUBLISHING 
INFORMATION 
DESIGNED 
TO 
FACILITATE 
SEX TRAFFICKING OR OTHERWISE FACILI-
TATING SEX TRAFFICKING. 
Section 1591(e) of title 18, United States Code, is 
amended— 
(1) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) The term ‘participation in a venture’ 
means knowingly assisting, supporting, or facili-
tating a violation of subsection (a)(1).’’. 
SEC. 6. ACTIONS BY STATE ATTORNEYS GENERAL. 
(a) IN GENERAL.—Section 1595 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d) In any case in which the attorney general of a 
State has reason to believe that an interest of the residents 
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of that State has been or is threatened or adversely af-
fected by any person who violates section 1591, the attor-
ney general of the State, as parens patriae, may bring a 
civil action against such person on behalf of the residents 
of the State in an appropriate district court of the United 
States to obtain appropriate relief.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 1595 of title 18, United States Code, is amend-
ed— 
(1) in subsection (b)(1), by striking ‘‘this sec-
tion’’ and inserting ‘‘subsection (a)’’; and 
(2) in subsection (c), in the matter preceding 
paragraph (1), by striking ‘‘this section’’ and insert-
ing ‘‘subsection (a)’’. 
SEC. 7. SAVINGS CLAUSE. 
Nothing in this Act or the amendments made by this 
Act shall be construed to limit or preempt any civil action 
or criminal prosecution under Federal law or State law 
(including State statutory law and State common law) 
filed before or after the day before the date of enactment 
of this Act that was not limited or preempted by section 
230 of the Communications Act of 1934 (47 U.S.C. 230), 
as such section was in effect on the day before the date 
of enactment of this Act. 
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SEC. 8. GAO STUDY. 
On the date that is 3 years after the date of the en-
actment of this Act, the Comptroller General of the United 
States shall conduct a study and submit to the Commit-
tees on the Judiciary of the House of Representatives and 
of the Senate, the Committee on Homeland Security of 
the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate, a report which includes the following: 
(1) Information on each civil action brought 
pursuant to section 2421A(c) of title 18, United 
States Code, that resulted in an award of damages, 
including the amount claimed, the nature or descrip-
tion of the losses claimed to support the amount 
claimed, the losses proven, and the nature or de-
scription of the losses proven to support the amount 
awarded. 
(2) Information on each civil action brought 
pursuant to section 2421A(c) of title 18, United 
States Code, that did not result in an award of dam-
ages, including— 
(A) the amount claimed and the nature or 
description of the losses claimed to support the 
amount claimed; and 
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(B) whether the case was dismissed, and if 
the case was dismissed, information describing 
the reason for the dismissal. 
(3) Information on each order of restitution en-
tered pursuant to section 2421A(d) of title 18, 
United States Code, including— 
(A) whether the defendant was a corpora-
tion or an individual; 
(B) the amount requested by the Govern-
ment and the justification for, and calculation 
of, the amount requested, if restitution was re-
quested; and 
(C) the amount ordered by the court and 
the justification for, and calculation of, the 
amount ordered. 
(4) For each defendant convicted of violating 
section 2421A(b) of title 18, United States Code, 
that was not ordered to pay restitution— 
(A) whether the defendant was a corpora-
tion or an individual; 
(B) the amount requested by the Govern-
ment, if restitution was requested; and 
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(C) information describing the reason that 
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 clar-
ify 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 ex-
ploitation of children or sex trafficking, and for 
other purposes. 
MARCH 1, 2018 
Read the second time and placed on the calendar 
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