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

Public Law 115-164 · H.R. 1865 · 115th Congress · began in the House

Signed by Donald Trump (R) on Apr 11, 2018 · Crime and Law Enforcement

Sponsor: Rep. Ann Wagner (R-MO-2)

Cosponsors (174): Rep. Joyce Beatty,

Passage votesYeaNay

  • HouseRecorded vote: 388 yea, 25 nay388–25
  • SenateRecorded vote: 97 yea, 2 nay97–2
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

Who voted for it

Every House member of the 115th Congress on the ideology compass. Highlighted: the 388 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

388 yea25 nay17 present or did not vote

ProEstablishmentAnti
Economic left–right
More liberalMore conservative

Democrats who voted yea(174)

Republicans who voted yea(214)

Data notes

The House’s recorded vote on the final version of the law (roll call 798 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

  • Energy and Commerce Committee · House · discharged from, referred toSubcommittee: Communications and Technology Subcommittee
  • Judiciary Committee · House · markup by, referred to, reported bySubcommittee: Crime and Federal Government Surveillance Subcommittee
Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

2 bills the Library of Congress relates to this one.

  • H.Res. 748Procedurally-related

    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 s…

  • S. 1693Related bill

    Stop Enabling Sex Traffickers Act of 2017

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 46 actions.

  1. Apr 11, 2018Became lawBecame law · Became Public Law No: 115-164.
  2. Became lawBecame law · Signed by President.
  3. Apr 3, 2018FloorFloor · Presented to President.
  4. Mar 21, 2018FloorFloor · Message on Senate action sent to the House.
  5. FloorFloor · Passed Senate without amendment by Yea-Nay Vote. 97 - 2. Record Vote Number: 60.Senate roll call 60
  6. FloorFloor · Measure laid before Senate by unanimous consent.
  7. Mar 20, 2018FloorFloor · Motion to proceed to measure considered in Senate. (CR S1801)
  8. Mar 19, 2018FloorFloor · Senate vitiated previous cloture on the motion to proceed to the measure by Unanimous Consent.
  9. FloorFloor · Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 94 - 2. Record Vote Number: 57. (CR S1780)Senate roll call 57
  10. FloorFloor · Motion to proceed to measure considered in Senate. (CR S1773)
  11. Mar 15, 2018FloorFloor · Motion to proceed to measure considered in Senate. (CR S1742)
  12. Mar 14, 2018FloorFloor · Cloture motion on the motion to proceed to the measure presented in Senate.
  13. FloorFloor · Motion to proceed to consideration of measure made in Senate. (CR S1731)
  14. Mar 1, 2018CalendarCalendar · Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 339.
  15. Feb 28, 2018CalendarCalendar · Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  16. Feb 27, 2018FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  17. FloorFloor · On passage Passed by recorded vote: 388 - 25 (Roll no. 91).House roll call 91
  18. FloorFloor · The previous question was ordered pursuant to the rule.
  19. FloorFloor · The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
  20. FloorFloor · The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1865.
  21. FloorFloor · UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
  22. FloorFloor · The House resolved into Committee of the Whole House on the state of the Union for further consideration.
  23. FloorFloor · Considered as unfinished business.
  24. FloorFloor · Committee of the Whole House on the state of the Union rises leaving H.R. 1865 as unfinished business.
  25. FloorFloor · On motion that the Committee rise Agreed to by voice vote.
  26. FloorFloor · Mrs. Roby moved that the Committee rise.
  27. FloorFloor · DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 3.
  28. FloorFloor · POSTPONED PROCEEDINGS - At the conclusion of debate on the Mimi Walters amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Lofgren demanded a recorded vote, and the Chair postponed further proceedings o…
  29. FloorFloor · DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Mrs. Mimi Walters (CA) amendment No. 2.
  30. FloorFloor · DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

5 amendments offered to the bill, with the last recorded step of each.

Where each amendment ended up

  • H.Amdt. 527HouseRep. Sheila Jackson LeeD-TX-18· offered Feb 27, 2018Agreed to

    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 peo…

    Feb 27, 2018: On agreeing to the Jackson Lee amendment (A003) Agreed to by voice vote.

    Agreed to

  • H.Amdt. 526HouseRep. Mimi WaltersR-CA-45· offered Feb 27, 2018Agreed to

    Amendment allows enforcement of criminal and civil sex trafficking laws against websites that knowingly facilitate online sex trafficking.

    Feb 27, 2018: On agreeing to the Walters, Mimi amendment (A002) Agreed to by recorded vote: 308 - 107 (Roll no. 90).

    Agreed to

  • H.Amdt. 525HouseRep. Bob GoodlatteR-VA-6· offered Feb 27, 2018Agreed to

    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 ex…

    Feb 27, 2018: On agreeing to the Goodlatte amendment (A001) Agreed to by voice vote.

    Agreed to

  • S.Amdt. 2213SenateSen. Ron WydenD-OR· offered Mar 19, 2018Ruled out of order

    To provide additional funding to the Department of Justice to combat the online facilitation of sex trafficking.

    Mar 21, 2018: Amendment SA 2213 ruled out of order by the chair.

    Ruled out of order

  • S.Amdt. 2212SenateSen. Ron WydenD-OR· offered Mar 19, 2018Withdrawn

    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 us…

    Mar 21, 2018: Proposed amendment SA 2212 withdrawn in Senate. (consideration: CR S1871)

    Withdrawn
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.