S3966-119

What This Bill Does

TREY'S Law targets nondisclosure and confidentiality clauses that silence survivors of sexual abuse committed against minors. Congress finds that these clauses can block reporting to law enforcement agencies, child protection authorities, federal regulators, Members of Congress, and courts, especially when agreements are made through interstate commerce.

The bill makes covered nondisclosure clauses unenforceable even if the contract was signed before enactment. It bars any person from enforcing or trying to enforce a covered clause and preempts state law to the extent state law would allow enforcement. States and localities remain free to enact laws that are consistent with the bill or provide greater protection.

Who Benefits and How

Survivors of child sexual abuse, minors who experienced abuse, victim advocates, law enforcement agencies, child protection authorities, federal regulators, congressional offices, and courts benefit because victims can report abuse and cooperate with investigations without being blocked by confidentiality clauses. Public safety also benefits if repeat abuse is easier to expose.

Who Bears the Burden and How

Institutions, employers, youth organizations, settlement counterparties, alleged abusers, and other parties that rely on nondisclosure clauses lose the ability to enforce covered confidentiality terms. Courts must refuse enforcement of prohibited clauses and apply federal preemption against conflicting state law. Contract drafters must account for the retroactive bar when handling old and new agreements.

Key Provisions

• Finds that nondisclosure clauses can silence survivors of child sexual abuse and obstruct reporting.
• Identifies reporting to law enforcement, child protection authorities, federal regulators, Congress, and courts as protected activity.
• Applies the bill to contracts entered before, on, or after enactment.
• Prohibits any person from enforcing or attempting to enforce a covered nondisclosure clause.
• Preempts state law that would allow enforcement of a prohibited clause.
• Preserves state and local laws that provide equal or greater protection.