,,ii  ,calendar ,no4 #cci #aaeth        
,,congress  #b;d ,session  ,h4 ,r4 #ahfe
  ,,in ,,the ,,senate ,,of ,,the        
,,united ,,states  ,february #bh1       
#bjah,received2 read the first time     
,march #a1 #bjah,read the second time   
and placed on the calendar  ,,an ,,act  
,to amend the ,communications ,act of   
#aicd to clarify that section #bcj 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 trafficking1 and for    
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,allow ,states 
and ,victims to ,fight ,online ,sex     
,trafficking ,act of #bjag4  #b4 ,sense 
of congress ,it is the sense of         
,congress that--  7#a7 section #bcj of  
the ,communications ,act of #aicd 7#dg  
,u4,s4,c4 #bcj2 commonly known as the   
,communications ,decency ,act of #aiif7 
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 victims2  7#b7
 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 force1 fraud1 and coercion2 and     
7#c7 clarification of such section is   
warranted to ensure that such section   
does not provide such protection to such
 websites4  #c4 ,promotion of           
prostitution and reckless disregard of  
sex trafficking  7a7 ,promotion of      
prostitution ,chapter #aag of title #ah1
 ,united ,states ,code1 is amended by   
inserting after section #bdba the       
following3  #bdba;,a4 ,promotion or     
facilitation of prostitution and        
reckless disregard of sex trafficking   
7a7 ,in general ,whoever1 using a       
facility or means of interstate or      

foreign commerce or in or affecting     
interstate or foreign commerce1 owns1   
manages1 or operates an interactive     
computer service 7as such term is       
defined in defined in section #bcj7;f7  
the ,communications ,act of #aicd 7#dg  
,u4,s4,c4 #bcj7;f7771 or conspires or   
attempts to do so1 with the intent to   
promote or facilitate the prostitution  
of another person shall be fined under  
this title1 imprisoned for not more than
 #aj years1 or both4  7b7 ,aggravated   
violation ,whoever1 using a facility or 
means of interstate or foreign commerce 
or in or affecting interstate or foreign
 commerce1 owns1 manages1 or operates an
 interactive computer service 7as such  
term is defined in defined in section   
#bcj7;f7 the ,communications ,act of    
#aicd 7#dg ,u4,s4,c4 #bcj7;f7771 or     
conspires or attempts to do so1 with the
 intent to promote or facilitate the    
prostitution of another person and--    
7#a7 promotes or facilitates the        
prostitution of #e or more persons2 or  

7#b7 acts in reckless disregard of the  
fact that such conduct contributed to   
sex trafficking1 in violation of        
#aeia7;a71  shall be fined under this   
title1 imprisoned for not more than #be 
years1 or both4  7c7 ,civil recovery    
,any person injured by reason of a      
violation of section #bdba;,a7b7 may    
recover damages and reasonable          
attorneys' fees in an action before any 
appropriate ,united ,states district    
court4  7d7 ,mandatory restitution      
,notwithstanding sections #cffc or      
#cffc;,a and in addition to any other   
civil or criminal penalties authorized  
by law1 the court shall order           
restitution for any violation of        
subsection 7b77#b74 ,the scope and      
nature of such restitution shall be     
consistent with section #bcbg7;b74  7e7 
,affirmative ,defense ,it shall be an   
affirmative defense to a charge of      
violating subsection 7a71 or subsection 
7b77#a7 where the defendant proves1 by a
 preponderance of the evidence1 that the

 promotion or facilitation of           
prostitution is legal in the            
jurisdiction where the promotion or     
facilitation was targeted4  4  7b7      
,table of contents ,the table of        
contents for such chapter is amended by 
inserting after the item relating to    
section #bdba the following3  #bdba;,a4 
,promotion or facilitation of           
prostitution and reckless disregard of  
sex trafficking4  4  #d4 ,ensuring      
ability to enforce federal and state    
criminal and civil law relating to sex  
trafficking  7a7 ,in ,general ,section  
#bcj7;e7 of the ,communications ,act of 
#aicd 7#dg ,u4,s4,c4 #bcj7;e77 is       
amended by adding at the end the        
following3  7#e7 ,no effect on sex      
trafficking law ,nothing in this section
 7other than subsection 7c77#b77;,a77   
shall be construed to impair or limit-- 
7,a7 any claim in a civil action brought
 under section #aeie of title #ah1      
,united ,states ,code1 if the conduct   
underlying the claim constitutes a      

violation of section #aeia of that      
title2  7,b7 any charge in a criminal   
prosecution brought under ,state law if 
the conduct underlying the charge would 
constitute a violation of section #aeia 
of title #ah1 ,united ,states ,code2 or 
7,c7 any charge in a criminal           
prosecution brought under ,state law if 
the conduct underlying the charge would 
constitute a violation of section       
#bdba;,a of title #ah1 ,united ,states  
,code1 and promotion or facilitation of 
prostitution is illegal in the          
jurisdiction where the defendant's      
promotion or facilitation of            
prostitution was targeted4  4  7b7      
,effective date ,the amendments made by 
this section shall take effect on the   
date of the enactment of this ,act1 and 
the amendment made by subsection 7a7    
shall apply regardless of whether the   
conduct alleged occurred1 or is alleged 
to have occurred1 before1 on1 or after  
such date of enactment4  #e4 ,ensuring  
,federal liability for publishing       

information designed to facilitate sex  
trafficking or otherwise facilitating   
sex trafficking ,section #aeia7;e7 of   
title #ah1 ,united ,states ,code1 is    
amended-- 7#a7 by redesignating         
paragraphs 7#d7 and 7#e7 as paragraphs  
7#e7 and 7#f71 respectively2 and  7#b7  
by inserting after paragraph 7#c7 the   
following3  7#d7 ,the term participation
 in a venture means knowingly assisting1
 supporting1 or facilitating a violation
 of subsection 7a77#a74  4  #f4 ,actions
 by ,state attorneys general  7a7 ,in   
general ,section #aeie of title #ah1    
,united ,states ,code1 is amended by    
adding at the end the following3  7d7   
,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 #aeia1 the  
attorney general of the ,state1 as      
parens patriae1 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   
relief4  4  7b7 ,technical and          
conforming amendments ,section #aeie of 
title #ah1 ,united ,states ,code1 is    
amended-- 7#a7 in subsection 7b77#a71 by
 striking this section and inserting    
subsection 7a72 and  7#b7 in subsection 
7c71 in the matter preceding paragraph  
7#a71 by striking this section and      
inserting subsection 7a74  #g4 ,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 7including   
,state statutory law and ,state common  
law7 filed before or after the day      
before the date of enactment of this    
,act that was not limited or preempted  
by section #bcj of the ,communications  
,act of #aicd 7#dg ,u4,s4,c4 #bcj71 as  
such section was in effect on the day   
before the date of enactment of this    

,act4  #h4 ,,gao ,study ,on the date    
that is #c years after the date of the  
enactment of this ,act1 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   
,senate1 the ,committee on ,homeland    
,security of the ,house of              
,representatives1 and the ,committee on 
,homeland ,security and ,governmental   
,affairs of the ,senate1 a report which 
includes the following3  7#a7           
,information on each civil action       
brought pursuant to section #bdba;,a7c7 
of title #ah1 ,united ,states ,code1    
that resulted in an award of damages1   
including the amount claimed1 the nature
 or description of the losses claimed to
 support the amount claimed1 the losses 
proven1 and the nature or description of
 the losses proven to support the amount
 awarded4  7#b7 ,information on each    
civil action brought pursuant to section
 #bdba;,a7c7 of title #ah1 ,united      

,states ,code1 that did not result in an
 award of damages1 including--  7,a7 the
 amount claimed and the nature or       
description of the losses claimed to    
support the amount claimed2 and  7,b7   
whether the case was dismissed1 and if  
the case was dismissed1 information     
describing the reason for the dismissal4
  7#c7 ,information on each order of    
restitution entered pursuant to section 
#bdba;,a7d7 of title #ah1 ,united       
,states ,code1 including--  7,a7 whether
 the defendant was a corporation or an  
individual2  7,b7 the amount requested  
by the ,government and the justification
 for1 and calculation of1 the amount    
requested1 if restitution was requested2
 and  7,c7 the amount ordered by the    
court and the justification for1 and    
calculation of1 the amount ordered4     
7#d7 ,for each defendant convicted of   
violating section #bdba;,a7b7 of title  
#ah1 ,united ,states ,code1 that was not
 ordered to pay restitution--  7,a7     
whether the defendant was a corporation 

or an individual2  7,b7 the amount      
requested by the ,government1 if        
restitution was requested2 and  7,c7    
information describing the reason that  
the court did not order restitution4    
,passed the ,house of ,representatives  
,february #bg1 #bjah4,karen ,l4         
,haas1,clerk  ,march #a1 #bjah,read the 
second time and placed on the calendar