    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-164
    115th Congress

    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

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    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

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    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--

    [[Page 1256]]

    (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.

    Approved April 11, 2018.

    LEGISLATIVE HISTORY--H.R. 1865:
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    HOUSE REPORTS: No. 115-572, Pt. 1 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Feb. 27, considered and passed House.
    Mar. 21, considered and passed Senate.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    Apr. 11, Presidential remarks.