[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1865 Enrolled Bill (ENR)]
H.R.1865
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Allow States and Victims 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 prostitution 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 protection to such websites.
SEC. 3. PROMOTION OF PROSTITUTION AND RECKLESS DISREGARD OF SEX
TRAFFICKING.
(a) Promotion of Prostitution.--Chapter 117 of title 18, United
States Code, is amended by inserting after section 2421 the following:
``Sec. 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 operates an interactive computer service (as such
term is defined 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 prostitution of another person
shall be fined under this title, imprisoned 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, manages, or operates an interactive computer service
(as such term is defined 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
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 violation of 1591(a),
shall be fined under this title, imprisoned for not more than 25 years,
or both.
``(c) Civil Recovery.--Any person injured by reason of a violation
of section 2421A(b) may recover damages 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
consistent with section 2327(b).
``(e) Affirmative Defense.--It shall be an affirmative defense to a
charge of violating subsection (a), or subsection (b)(1) where the
defendant proves, by a preponderance of the evidence, that the
promotion or facilitation of prostitution is legal in the jurisdiction
where the promotion or facilitation was targeted.''.
(b) Table of Contents.--The table of contents for such chapter is
amended by inserting after the item relating to section 2421 the
following:
``2421A. Promotion or facilitation of prostitution and reckless
disregard of sex trafficking.''.
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 Communications 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 constitutes a violation of section 1591 of that
title;
``(B) any charge in a criminal prosecution brought under
State law if the conduct underlying 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 underlying 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.''.
(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
occurred, 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 FACILITATING 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 following:
``(4) The term `participation in a venture' means knowingly
assisting, supporting, or facilitating 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 following:
``(d) In any case in which the attorney general of a State has
reason to believe that an interest of the residents of that State has
been or is threatened or adversely affected by any person who violates
section 1591, the attorney 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 amended--
(1) in subsection (b)(1), by striking ``this section'' and
inserting ``subsection (a)''; and
(2) in subsection (c), in the matter preceding paragraph (1),
by striking ``this section'' and inserting ``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.
SEC. 8. GAO STUDY.
On the date that is 3 years after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a study
and submit to the Committees 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 Senate, 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
description of the losses claimed to support the amount claimed,
the losses proven, and the nature or description 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 damages, including--
(A) the amount claimed and the nature or description of the
losses claimed to support the amount claimed; and
(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 entered pursuant
to section 2421A(d) of title 18, United States Code, including--
(A) whether the defendant was a corporation or an
individual;
(B) the amount requested by the Government and the
justification for, and calculation of, the amount requested, if
restitution was requested; 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 corporation or an
individual;
(B) the amount requested by the Government, if restitution
was requested; and
(C) information describing the reason that the court did
not order restitution.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
