Protecting Victims from NDAs

Summary#

This bill (TREY’S Law) would make nondisclosure clauses unenforceable when they stop a person from disclosing sexual abuse of someone under 18. Its stated goal is to stop private agreements from silencing victims and from blocking reporting, investigations, or court access. The bill applies to agreements made before or after it becomes law and overrides state laws that allow enforcement of such clauses.

  • Main change: Any contract term that forbids a victim (or others supporting the victim) from saying that a minor was sexually abused is void and cannot be enforced.
  • Retroactivity: The rule applies to agreements made before, on, or after the law starts.
  • Permitted confidentiality: The bill still allows some confidentiality in settlements (for example, about payment amounts or terms) so long as the restriction does not stop the victim or others from saying the abuse occurred.
  • Preemption: Federal law in this area replaces state laws that would allow enforcement. States may pass laws that give victims greater protection than this federal law.
  • Definitions: “Sexual abuse against a minor” includes conduct covered by relevant federal criminal statutes and any similar criminal sexual act under state law.

What it means for you#

  • Survivors and alleged victims: You would be allowed to disclose that you were sexually abused as a minor without facing an enforceable civil claim based on a prior nondisclosure clause.
  • People with knowledge of abuse (friends, family, witnesses): You may disclose facts related to a minor’s sexual abuse to support or further a victim’s right to speak, and a contract term cannot be enforced to stop you from doing so.
  • Parties who enter settlements (individuals, businesses, institutions): You can still have some confidentiality in a settlement (for example, payment amounts), but you cannot enforce a provision that stops a victim or others from saying the abuse occurred.
  • Lawyers and courts: State courts and other government bodies must not enforce or try to enforce nondisclosure clauses that block disclosure of minor sexual abuse. This may change how settlement agreements are drafted and challenged.
  • Law enforcement and regulators: The bill is intended to remove contractual barriers that can prevent reporting to police, child protection agencies, or federal authorities.

Expenses#

No publicly available information.

  • The bill text does not include a fiscal note, cost estimate, or details about funding for implementation.
  • This could mean there may be new litigation or administrative costs to determine whether particular clauses are covered by the law, but the bill’s documents do not quantify those costs.
  • There is no explicit provision in the text creating new federal spending, fines, or compensation to victims for prior enforcement attempts.

Proponents' View#

  • The bill appears intended to stop private contracts from silencing victims of child sexual abuse and from obstructing reporting to police, child-protection agencies, courts, or Congress.
  • It could be seen as protecting survivors’ constitutional rights to petition the government, access courts, and speak about crimes.
  • The bill is framed as supporting federal enforcement of criminal law (including sex trafficking laws) by removing private barriers to reporting and cooperation with investigators.
  • It allows confidentiality about payment terms by other parties, so settlements can still include some private terms while protecting victims’ ability to speak.

Opponents' View#

  • One concern is retroactivity: applying the rule to old agreements may change expectations of parties who previously settled and agreed to confidentiality.
  • The bill does not clearly explain remedies for a victim if a party tries to enforce a prohibited clause (for example, whether victims can recover damages or costs), which may leave enforcement and remedies uncertain.
  • The phrase “facts related to that act of sexual abuse” is broad. It may leave open questions about what disclosures are protected and could lead to disputes over scope.
  • The preemption of state law raises potential federalism questions because it overrides state rules about contract enforcement; the bill allows states to offer greater protection but not lesser.
  • While the bill allows some confidentiality to remain, some parties may worry this change reduces the value of confidential settlements and could affect how institutions handle claims.