S. 3966

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3966 Engrossed in Senate (ES)]

<DOC>

119th CONGRESS
2d Session
S. 3966

_______________________________________________________________________

AN ACT

To prohibit the enforcement of certain contractual clauses that 
restrict disclosure of sexual abuse of minors, 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 ``Terminating Restrictive Enforcement 
of Youth Settlements Law'' or ``TREY'S Law''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--
(1) Instrumentalities of interstate commerce.--Congress 
finds the following:
(A) Sexual abuse of minors, including abuse 
facilitated through instrumentalities of interstate 
commerce, is a matter of national concern.
(B) Agreements containing nondisclosure and 
confidentiality provisions, frequently concluded 
through the instrumentalities of interstate commerce, 
have been used to silence survivors of sexual abuse and 
conceal ongoing or repeated abuse.
(C) The enforcement of such provisions interferes 
with reporting to law enforcement agencies, child 
protection authorities, Federal regulators, Members of 
Congress, and the courts, and frustrates the 
enforcement of Federal criminal and civil law.
(2) Necessary and proper clause and enforcement of federal 
criminal law.--Congress further finds the following:
(A) Sexual abuse and trafficking of minors are 
prohibited under Federal criminal law, including 
chapter 110 of title 18, United States Code, and 
section 1591 of title 18, United States Code.
(B) Nondisclosure and confidentiality agreements 
that prohibit or restrict disclosure of sexual abuse of 
a minor interfere with reporting to law enforcement, 
child protection authorities, courts, Federal 
regulators, and Members of Congress.
(C) Such agreements frustrate the investigation and 
prosecution of Federal crimes, chill cooperation with 
law enforcement, and function as private mechanisms to 
obstruct justice.
(D) Congress has authority under clause 18 of 
section 8 of article I of the Constitution of the 
United States (commonly known as the ``Necessary and 
Proper Clause'') to ensure that private agreements are 
not used to impede the enforcement of Federal criminal 
and civil law protecting minors from sexual 
exploitation and abuse.
(3) State action and section 5 of the 14th amendment.--
Congress further finds the following:
(A) Survivors of child sexual abuse possess 
fundamental constitutional interests, secured by 
provisions of the Bill of Rights as incorporated 
against the States through the 14th Amendment to the 
Constitution of the United States, in reporting crimes, 
seeking redress through the courts, cooperating with 
law enforcement, and petitioning the government for 
protection and enforcement.
(B) When State courts or other governmental 
authorities enforce nondisclosure or confidentiality 
provisions that prohibit or restrict disclosure of 
sexual abuse of a minor, such enforcement constitutes 
State action for purposes of the 14th Amendment to the 
Constitution of the United States.
(C) Judicial enforcement of such provisions may 
deprive survivors of due process of law, equal 
protection of the laws, and meaningful access to 
courts, including rights derived from the First 
Amendment to the Constitution of the United States and 
incorporated against the States, in violation of the 
14th Amendment.
(D) Agreements that obstruct justice, suppress the 
reporting of crimes, or conceal criminal conduct have 
long been regarded at common law, including at the time 
of the founding of the United States, as void and 
unenforceable as against public policy, and fall 
outside the traditional scope of protected contractual 
liberty.
(E) At the time of the founding of the United 
States, private agreements purporting to suppress 
prosecution, conceal felonies, or restrain the 
reporting of crimes were not recognized as valid or 
enforceable contracts, and no party possessed a vested 
right in their judicial enforcement.
(F) Congress has authority under section 5 of the 
14th Amendment to the Constitution of the United States 
to enact appropriate remedial and preventive 
legislation to prevent and remedy constitutional 
violations arising from State judicial enforcement of 
private agreements that suppress disclosure of criminal 
conduct involving minors.
(b) Purpose.--The purpose of this Act is--
(1) to enforce the guarantees of the 14th Amendment to the 
Constitution of the United States, including the right to 
petition the government for redress of grievances and the right 
of access to courts, by preventing State courts and other 
governmental authorities from enforcing nondisclosure or 
confidentiality provisions that suppress disclosure of sexual 
abuse of minors;
(2) to ensure, pursuant to the authority of Congress under 
article I of the Constitution of the United States, including 
the Necessary and Proper Clause, that private agreements are 
not used to obstruct the investigation or prosecution of 
Federal crimes involving the sexual abuse or trafficking of 
minors;
(3) to preserve access to courts and the right to petition 
the government for redress of grievances; and
(4) to ensure that survivors of sexual abuse of minors, and 
persons with knowledge of such abuse, may disclose such abuse 
freely and without fear of civil liability.

SEC. 3. DEFINITIONS.

In this Act:
(1) Minor person.--The term ``minor person'' means an 
individual who has not attained 18 years of age.
(2) Nondisclosure clause.--The term ``nondisclosure 
clause'' means a provision in a contract or agreement that 
prohibits 1 or more parties to the contract or agreement from 
disclosing conduct or information covered by the terms and 
conditions of the contract or agreement.
(3) Sexual abuse against a minor person.--The term ``sexual 
abuse against a minor person'' means--
(A) conduct that constitutes or allegedly 
constitutes--
(i) an offense under chapter 110 of title 
18, United States Code; or
(ii) sex trafficking of a minor person 
under section 1591 of title 18, United States 
Code; or
(B) any sexual act or sexual contact involving a 
minor person that constitutes a criminal offense under 
Federal law or the law of the State in which the act or 
contact occurs.

SEC. 4. NONDISCLOSURE AGREEMENTS VOID AND UNENFORCEABLE.

(a) In General.--A nondisclosure clause shall be void and 
unenforceable as against public policy only to the extent that the 
nondisclosure clause prohibits--
(1) a victim or alleged victim of sexual abuse against a 
minor person from disclosing--
(A) that act of sexual abuse against a minor 
person; or
(B) facts related to that act of sexual abuse 
against a minor person; or
(2) any other person from disclosing facts related to 
sexual abuse against a minor person described in paragraph (1) 
in support of, in furtherance of, or consistent with the right 
of a victim or alleged victim to disclose under that paragraph.
(b) Permissible Confidentiality.--Nothing in this section shall be 
construed to prohibit a person, including a victim or alleged victim of 
sexual abuse against a minor person, from entering into a contract or 
agreement that restricts the disclosure of information, including the 
amount or payment terms of a settlement, by another party to the 
contract or agreement, including an alleged perpetrator, so long as 
such restriction does not prevent disclosure protected under subsection 
(a).

SEC. 5. RETROACTIVE APPLICATION.

(a) In General.--This Act shall apply to any nondisclosure clause 
in a contract or agreement entered into before, on, or after the date 
of enactment of this Act.
(b) No Enforcement Actions.--No person may enforce or attempt to 
enforce a nondisclosure clause described in section 4(a), regardless of 
the date on which the contract or agreement containing the 
nondisclosure clause was entered into.
(c) Preemption.--
(1) In general.--This Act supersedes any State law to the 
extent that such law permits enforcement of a provision, the 
enforcement of which is prohibited under this Act.
(2) Rule of construction.--Nothing in this Act shall be 
construed to prohibit a State or locality from enacting 
legislation that--
(A) is consistent with this Act; or
(B) provides greater protection to a victim of 
sexual abuse against a minor person than is provided 
under this Act.

Passed the Senate May 20, 2026.

Attest:

Secretary.
119th CONGRESS

2d Session

S. 3966

_______________________________________________________________________

AN ACT

To prohibit the enforcement of certain contractual clauses that 
restrict disclosure of sexual abuse of minors, and for other purposes.